Illinois General Assembly - 750 ILCS 46/ Illinois Parentage Act of 2015.

(750 ILCS 46/Art. 7 heading) ARTICLE 7. CHILD OF ASSISTED REPRODUCTION (Source: P.A. 99-85, eff. 1-1-16; 99-763, eff. 1-1-17.)

(750 ILCS 46/701)

Sec. 701. Scope of Article. Except as described in this Article, this Article does not apply to the birth of a child conceived by means of sexual intercourse or a child born as a result of a valid gestational surrogacy arrangement meeting the requirements of the Gestational Surrogacy Act.

(Source: P.A. 99-763, eff. 1-1-17.)

(750 ILCS 46/702)

Sec. 702. Parental status of donor. A donor is not a parent of a child conceived by means of assisted reproduction.

(Source: P.A. 104-448, eff. 12-12-25.)

(750 ILCS 46/703)

Sec. 703. Parentage of child of assisted reproduction.

(a) An individual who consents under this Section to assisted reproduction with the intent to be a parent of a child conceived by assisted reproduction is a parent of the child.

(b) The consent described in subsection (a) must be either of the following:

(1) in a record signed before, on, or after the birth of the child by the woman or individual who gave birth to the child and by an individual who intends to be a parent of the child; an acknowledgment of parentage under Section 301 is a record within the meaning of this subsection; or

(2) in an agreement entered into before conception that the woman or individual who gave birth to the child and the individual who intends to be a parent of the child intended they both would be a parent of the child.

Failure to consent as required by paragraph (1) or (2) of subsection (b) does not preclude a court from finding consent to parent if the individual for the first 2 years of the child's life, including any period of temporary absence, resided in the same household with the child and openly held out the child as the individual's child.

(c) An individual who is an intended parent or the woman or individual who gave birth to the child may bring a proceeding for a judgment of parentage before or after the birth of the child. If the court finds that the individual who did not give birth consented under subsection (b) of this Section, the court shall enter a judgment of parentage declaring the individual to be the parent.

(d) The woman or individual who will give or who gave birth to the child or an individual who is or claims to be a parent under this Section may commence an action before or after the birth of a child to obtain a judgment to declare that the intended parent or parents are the parent or parents of the resulting child immediately on birth of the child and order that parental rights and responsibilities vest exclusively in the intended parent or parents immediately on birth of the child. A judgment issued before the birth of the resulting child takes effect on the birth of the resulting child. The State, the Department, and the hospital where the child is or is expected to be born are not necessary parties to an action under this Section.

(Source: P.A. 104-448, eff. 12-12-25.)

(750 ILCS 46/704)

Sec. 704. Withdrawal of consent of intended parent.

(a) An intended parent may withdraw consent to assisted reproduction any time before an insemination or a transfer that results in a pregnancy in a writing or legal pleading with notice to the other participants and to any clinic or health care providers facilitating the assisted reproduction. Failure to give notice to the clinic or health care provider does not affect a determination of parentage under this Act.

(b) An intended parent who withdraws consent under this Section prior to the insemination or embryo transfer is not a parent of any resulting child.

(Source: P.A. 104-448, eff. 12-12-25.)

(750 ILCS 46/704.5)

Sec. 704.5. Disposition.

(a) An intended parent may withdraw consent to use the parent's gametes in a writing or legal pleading with notice to the other participant, or clinic, if applicable, or gamete bank, if applicable, prior to insemination or in vitro fertilization.

(b) If the intended parent or parents no longer agree on the use of any cryopreserved fertilized ovum for medical purposes, the terms of the most recent informed consent of the intended parent or parents executed at the fertility center or a marital settlement agreement under a judgment of dissolution of marriage, judgment of legal separation, or judgment of dissolution of civil union governs the disposition of the cryopreserved fertilized ovum.

(Source: P.A. 104-448, eff. 12-12-25.)

(750 ILCS 46/705)

Sec. 705. Parental status of deceased individual.

(a) If an individual who intends to be a parent of a child conceived by assisted reproduction dies during the period between the transfer of a gamete or embryo and the birth of the child, the individual's death does not preclude the establishment of the individual's parentage of the child if the individual otherwise would be a parent of the child under this Act.

(b) If an individual who consented in a record to assisted reproduction by an individual who agreed to give birth to a child dies before a transfer of gametes or pre-embryos, the deceased individual is a parent of a child conceived by the assisted reproduction only if both of the following occurred: (i) Either the individual consented in a record that if assisted reproduction were to occur after the death of the individual, the individual would be a parent of the child or the individual's intent to be a parent of a child conceived by assisted reproduction after the individual's death is established by clear and convincing evidence; and (ii) the transfer of the gamete or pre-embryo transfer occurs not later than 36 months after the individual's death.

(Source: P.A. 104-448, eff. 12-12-25.)

(750 ILCS 46/706)

Sec. 706. Inheritance rights of posthumous child. Notwithstanding Section 705, the rights of a posthumous child to an inheritance or to property under an instrument shall be governed by the provisions of the Probate Act of 1975.

(Source: P.A. 99-763, eff. 1-1-17.)

(750 ILCS 46/707)

Sec. 707. Burden of proof. Unless otherwise specified in this Act, the burden of proof in an action under this Section is by a preponderance of the evidence.

(Source: P.A. 104-448, eff. 12-12-25.)

(750 ILCS 46/708)

Sec. 708. Limitation on proceedings to declare the non-existence of the parent-child relationship. An individual who, at the time of a child's birth, is the spouse of the woman or person who gave birth cannot bring an action to declare the non-existence of the parent-child relationship under this Article unless filed and served not later than 2 years from the child's date of birth.

(Source: P.A. 104-448, eff. 12-12-25.)

(750 ILCS 46/709)

Sec. 709. Establishment of parentage; requirements of Gestational Surrogacy Act.

(a) In the event of gestational surrogacy, in addition to the requirements of the Gestational Surrogacy Act, a parent-child relationship is established between a person and a child if all of the following conditions are met prior to the birth of the child:

(1) The gestational surrogate certifies that the surrogate did not provide a gamete for the child, and that the surrogate is carrying the resulting child for the intended parents.

(2) The spouse, if any, of the gestational surrogate certifies that the spouse did not provide a gamete for the child.

(3) (Blank).

(4) A physician licensed in the location in which the fertilized ovum was inseminated or transferred to the gestational surrogate or the licensed physician treating the gestational surrogate certifies that the fetus being carried by the gestational surrogate was not conceived with the gamete of the gestational surrogate and the intended parents meet the eligibility requirements as set forth in the Gestational Surrogacy Act.

(5) The attorneys for the intended parents and the gestational surrogate each certify that the parties who entered into a gestational surrogacy agreement complied with the requirements of the Gestational Surrogacy Act.

(b) All certifications under this Section shall be in writing and witnessed by 2 competent adults who are not the gestational surrogate, gestational surrogate's spouse, if any, or an intended parent. Certifications shall be on forms prescribed by the Illinois Department of Public Health and shall be executed prior to the birth of the child. All certifications shall be provided, prior to the birth of the child, to both the hospital where the gestational surrogate anticipates the delivery will occur and to the Illinois Department of Public Health. Certifications may be provided electronically.

(c) Parentage established in accordance with this Section has the full force and effect of a judgment entered under this Act.

(d) The Illinois Department of Public Health shall adopt rules to implement this Section.

(Source: P.A. 104-448, eff. 12-12-25.)

(750 ILCS 46/710)

Sec. 710. Applicability. This Article applies only to assisted reproductive arrangements or gestational surrogacy agreements entered into after the effective date of this amendatory Act of the 99th General Assembly.

(Source: P.A. 104-448, eff. 12-12-25.)