For individuals and couples embarking on the path to parenthood through surrogacy, one of the most crucial steps is drafting a clear, enforceable surrogacy agreement. In Illinois, the legal landscape surrounding surrogacy is favorable, particularly for gestational surrogacy, thanks to the state’s well-established Gestational Surrogacy Act. However, having a properly structured contract is essential to ensure the rights and responsibilities of all parties are clearly defined and legally protected.

At Baumert Law, we specialize in guiding intended parents and surrogates through the complex legal framework of surrogacy Illinois law provides. A comprehensive agreement not only sets expectations but also minimizes potential legal risks and misunderstandings. Here's what you need to know about crafting a surrogacy agreement in Illinois.

Legal Requirements Under the Gestational Surrogacy Act

Illinois stands out as one of the most surrogacy-friendly states in the U.S., primarily due to the Illinois Gestational Surrogacy Act. This legislation lays out specific criteria that must be met for a surrogacy contract to be legally enforceable. These legal requirements serve to protect the interests of all parties involved—especially the intended parents, the surrogate, and ultimately, the child.

To qualify under this Act, the agreement must be in writing and executed before any medical procedures related to the surrogacy take place. Both the surrogate and intended parents must undergo psychological evaluations, and all parties must be represented by separate legal counsel. This ensures that everyone entering the arrangement does so knowingly and voluntarily.

Additionally, one of the intended parents must contribute genetic material to the embryo. This distinguishes gestational surrogacy from traditional surrogacy and is a core requirement under Illinois law.

Baumert Law plays a critical role in ensuring these legal criteria are met from the outset, avoiding unnecessary delays or legal complications later in the process. Our team works with clients to develop agreements that comply with the law while reflecting the unique preferences and needs of each party.

Terms Covering Compensation and Medical Care

A well-drafted surrogacy agreement must clearly outline all terms related to compensation and medical care. In surrogacy Illinois arrangements, compensation is allowed and should be structured in a way that is fair, reasonable, and transparent.

The agreement typically specifies a base compensation amount for the surrogate, along with additional payments for milestones such as embryo transfer, pregnancy confirmation, carrying multiples, or undergoing invasive procedures. Other reimbursable expenses might include maternity clothing, travel, and childcare during medical appointments.

Medical care terms must also be clearly defined. This includes the surrogate’s obligations regarding prenatal care, the intended parents’ responsibilities for medical costs, and decisions surrounding labor and delivery. It's also vital to outline the surrogate’s lifestyle obligations—such as abstaining from alcohol, smoking, or certain medications—that can impact the health of the pregnancy.

At Baumert Law, we ensure these provisions are not only legally sound but also respectful and balanced. Our focus is on creating agreements that foster cooperation and mutual respect, laying the foundation for a healthy and positive surrogacy journey.

Defining Parental Rights and Responsibilities

Perhaps the most critical component of any surrogacy agreement is the establishment of parental rights. In Illinois, one of the advantages of working under the Gestational Surrogacy Act is that it allows intended parents to be declared the legal parents before the child is born—provided all statutory requirements are met.

The agreement should clearly state that the surrogate relinquishes all parental rights and that the intended parents will assume full legal responsibility for the child from the moment of birth. This language is not just symbolic; it forms the basis for obtaining a pre-birth parentage order from the court.

The agreement may also address scenarios involving medical complications, premature birth, or unforeseen circumstances such as the death or divorce of intended parents during the pregnancy. While no one wants to imagine these situations, addressing them in advance ensures that the child’s welfare is never compromised and that legal parentage remains clear and uncontested.

By working with Baumert Law, clients receive more than just a legal contract—they gain the peace of mind that comes from knowing their parental rights are thoroughly protected under surrogacy Illinois law.

Role of Attorneys in Negotiating Agreements

Surrogacy is as much a legal process as it is a medical and emotional one. For that reason, having legal representation is not optional—it’s a requirement under Illinois law. Both the surrogate and the intended parents must have separate legal counsel to ensure the contract is fair and that both sides fully understand its implications.

The role of the attorney extends far beyond reviewing the contract. A qualified surrogacy attorney helps navigate state-specific requirements, ensures compliance with insurance laws, clarifies medical decision-making authority, and secures the necessary court orders for legal parentage.

At Baumert Law, we represent intended parents throughout every stage of the process. From initial consultation to drafting the agreement and securing court orders, our mission is to make the legal aspects of surrogacy as seamless and stress-free as possible.

We also work collaboratively with the surrogate’s legal counsel to facilitate timely negotiations, helping prevent delays in medical treatment or embryo transfer schedules.

Conclusion: Ensuring Clarity and Protection for All Parties

A thoughtfully crafted surrogacy agreement is far more than a legal formality. It is the cornerstone of a successful surrogacy experience—one that supports trust, clarity, and confidence for everyone involved.

With the legal framework for surrogacy Illinois provides, intended parents have the opportunity to establish their rights before the child’s birth and avoid the complications often seen in less-regulated states. Still, this strong legal foundation only works when supported by a detailed and enforceable agreement.

Baumert Law is committed to providing comprehensive, compassionate, and experienced legal guidance for clients pursuing surrogacy in Illinois. From ensuring compliance with the Gestational Surrogacy Act to drafting agreements that reflect each party’s unique situation, we help create a pathway to parenthood that is both secure and respectful.

If you’re considering surrogacy in Illinois, or are already in the early stages of planning, let us help you take the next legal step. Contact Baumert Law to schedule a consultation and begin crafting a surrogacy agreement that protects your rights and honors your journey to parenthood.