Illinois Gay Surrogacy Laws

Gestational Surrogacy is permitted by statue: 750 Ill. Comp. Stat. 47/10-47/70

Although the Illinois Gestational Surrogacy Act does not expressly mention surrogacy agreements involving lesbian, gay, bisexual or transgender couples, there has been no indication that LGBT couples are prevented from being protected under the law.

Because an Illinois Appellate Court has already sanctioned joint adoption for same-sex couples, and has also declared it legal for individuals to adopt the children of their same-sex partner, it has been recognized that the state will uphold a surrogacy agreement involving lesbian, gay, bisexual, or transgender individuals or couples.

LGBT in Illinois

Total Adult Population: 9,771,132  

LGBT Population: 371,303

LGBT — Percent of State Population: 3.8%

Percent of Same-Sex Couples Raising Children: 21%

Other Areas of Illinois Surrogacy Law to Consider

  • Intended parents are not required to be residents of Illinois
  • Intended parents are not required to be married
  • One intended parent must be a biological contributor (egg or sperm)


Disclaimer: Although the information on this page is written in an effort to provide accurate general information on the legalities of gay surrogacy by state, please be aware that the laws are continuously changing, and this page is not necessarily updated instantaneously as to all aspects of the law. Please be aware that the law is controversial and unsettled in some areas; check back with us often for legal updates and information regarding gay surrogacy in this location.

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