Illinois law created a process for establishing a parent-child relationship between a child and his or her intended parents when the child is being carried by a gestational surrogate. This relationship must be established prior to the birth of the child in accordance with Section 12 of the Vital Records Act, Section 6 of the Illinois Parentage Act of 1984, and the Gestational Surrogacy Act.
By so doing, the names of the intended mother/co-parent and intended father/co-parent are entered on the child's birth certificate. The names of the gestational surrogate and the gestational surrogate’s husband/partner, if any, are not placed on the birth certificate. Specifically, the Gestational Surrogacy Act requires the following:
- At least 1 of the intended parents must be the biological parent (egg or sperm donor) of the child being carried by the gestational surrogate
- All parties and spouses/partners involved in the surrogate arrangement must sign certified statements consenting to the establishment of the child's parentage.
- A physician licensed to practice medicine in the state of Illinois must sign a certified statement.
- The attorneys representing the intended parent(s)/co-parent(s) and the gestational surrogate and her husband/partner (if any), must each sign a separate certified statement.
- The certified statements must be executed prior to the birth of the child.
- The certified statements must be on forms prescribed by the Illinois Department of Public Health (IDPH).
- The certified statements must be witnessed by two competent adults (age 18 or older) who are not the parties and spouses/partners involved in the surrogate arrangement.
- The original copies of all the certified statements (not photocopies) must be delivered to the director of medical records in the hospital of planned delivery prior to the birth of the child.
- Should a surrogate birth occur in an Illinois hospital other than the hospital planned for the delivery, the person preparing the birth certificate must be advised of the existence of the surrogate parentage statements. The birth record preparer should immediately contact IDPH, Division of Vital Records (217-782-6553) or the hospital where the birth was planned for a copy of these forms and also request that the original be forwarded to the delivering hospital for inclusion in its medical records files.
- A photocopy of all the certified statements must be filed, at no charge, with IDPH, Division of Vital Records, prior to the birth of the child. These forms are to be sent to the following address:
Illinois Department of Public Health
Division of Vital Records
925 E. Ridgely Ave.
Springfield, IL 62702-2737