093_HB3314

 
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 1        AN ACT concerning surrogacy.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 1.  Short title.  This Act may be  cited  as  the
 5    Surrogacy Act.

 6        Section  5.  Purpose.  The  purpose  of  this  Act  is to
 7    establish consistent standards and procedural safeguards  for
 8    the  protection  of  all  parties  involved  in  a  surrogacy
 9    contract  in  this  State  and to confirm the legal status of
10    children born as a result of these contracts. These standards
11    and safeguards are meant to facilitate the use of  this  type
12    of  reproductive contract in accord with the public policy of
13    this State.

14        Section 10.  Definitions.  As used in this Act:
15        "Artificial insemination surrogacy" means the process  by
16    which a surrogate woman is impregnated using her own ovum and
17    the  sperm  provided  by  the  intended  father.  This may be
18    achieved either by fertilization of an egg by a sperm  within
19    the surrogate woman's body or by a process in which an egg is
20    surgically  removed  from  the  woman,  the egg is fertilized
21    outside of the body with the sperm, and the resulting  embryo
22    is implanted in the same woman's uterus for gestation.
23        "Birth  mother"  means  a  woman  who  gestates an embryo
24    conceived by natural or  artificial  insemination,  in  vitro
25    fertilization,  preembryo  transfer,  or  as  a  result  of a
26    surrogacy contract.
27        "Donor" means  an  individual  who  contributes  for  the
28    purpose  of  artificial insemination, in vitro fertilization,
29    or implantation in another, or  a  woman  who  contributes  a
30    preembryo.
 
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 1        "Gestational  surrogacy"  means  the  process  by which a
 2    surrogate woman gestates an embryo that is conceived  outside
 3    of   her   body   and  to  which  she  has  made  no  genetic
 4    contribution.
 5        "Health  care  provider"  means  a  person  who  is  duly
 6    licensed,  certified,  or  otherwise  authorized  to  provide
 7    health  care,  including  all  medical,   psychological,   or
 8    counseling professions.
 9        "Informed   consent"   means   a  voluntary  decision  to
10    participate  in  the  medical  procedures   and   contractual
11    obligations  involved  in  the surrogacy contract after being
12    fully informed by the agent  or  counselor  of  the  medical,
13    psychological,  and  emotional  risks involved and the legal,
14    financial, and contractual rights,  expectations,  penalties,
15    and obligations.
16        "Intended  parent"  means  a  person  who  enters  into a
17    surrogacy contract with a surrogate, in accordance with  this
18    Act,  by  which  he  or  she  is  to become the parent of the
19    resulting child. This term shall include the intended mother,
20    intended father, or both.
21        "In vitro fertilization" means all medical and laboratory
22    procedures   that   are   necessary   to    effectuate    the
23    extracorporeal combining of gametes to allow fertilization to
24    occur.
25        "Preembryo"   means  the  cell  mass  that  results  from
26    fertilization of an ovum prior to implantation.
27        "Preembryo transfer" means  all  medical  and  laboratory
28    procedures that are necessary to effectuate the transfer of a
29    preembryo into the uterine cavity.
30        "Surrogacy" means any arrangement by which a woman agrees
31    to  be  impregnated using either the intended father's sperm,
32    the intended mother's egg, or a  preembryo  with  the  intent
33    that  the  intended parent or parents are to become the legal
34    parent or parents of the resulting child  after  the  child's
 
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 1    birth.
 2        "Surrogacy  contract"  means  a  written  agreement  that
 3    complies  with  at least the minimum requirements of this Act
 4    and  determines  the  rights  and  responsibilities  of   all
 5    involved parties.
 6        "Surrogate"  means  a female person, at least 21 years of
 7    age, who agrees, pursuant to  a  surrogacy  contract,  to  be
 8    impregnated  using the intended father's sperm or donor sperm
 9    and the intended mother's egg, or  the  preembryo,  with  the
10    intent  that,  after  the  birth  of the resulting child, the
11    legal parents shall be the intended parent or parents.
12        "Surrogacy agent"  or  "agent"  means  an  individual  or
13    organization  that  is  responsible  for the organization and
14    screening involved in the surrogacy arrangement and contract.

15        Section  15.  Eligibility.  In  order  to  qualify  as  a
16    surrogate, the woman must:
17             (1) be at least 21 years of age;
18             (2)   undergo   medical   evaluation   and   provide
19        documentation that demonstrates the medical acceptability
20        of the woman to undergo the  in  vitro  fertilization  or
21        preembryo transfer procedure; and
22             (3)   undergo   an  evaluation  by  a  counselor  or
23        psychologist and provide  written  certification  of  the
24        counseling  and  evaluation determining that the woman is
25        mentally capable of complying with the surrogate contract
26        to the health  care  provider  performing  the  in  vitro
27        fertilization or preembryo transfer procedure.

28        Section 20.  Rights of parentage.
29        (a)  A  woman  who  gives  birth  to a child shall be the
30    mother of that child unless otherwise provided  for  in  this
31    Act.  In  the  case  of surrogacy, the intended mother is the
32    mother of the child for purposes of State law.
 
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 1        (b) A man is presumed to be the father of the child if he
 2    is the biological father  or  the  intended  father  who  has
 3    acknowledged   his   paternity   in  writing,  prior  to  the
 4    fertilization procedure, and agrees  to  accept  all  of  the
 5    obligations and rights of paternity.
 6        (c)  Parental rights shall vest in the intended parent or
 7    parents immediately upon the birth of the child.
 8        (d) In the case of gestational surrogacy, sole custody of
 9    the child goes to the intended parent or intended parents.
10        (e) In the case  of  artificial  insemination  surrogacy,
11    sole  custody  of the child goes to the intended parents, but
12    the surrogate may  petition  the  court  for  the  visitation
13    rights that are outlined in the surrogacy contract. The court
14    may  use its discretion in ordering visitation, but must take
15    into account the best interests of the child.
16        (f) Any person who is determined to  be  the  parent  and
17    have  custody  of  the  child  under this Act is obligated to
18    support the child.

19        Section  25.  Health  care   decisions   concerning   the
20    fetus.  All  decisions  regarding  the  health  of  the birth
21    mother and the fetus shall  be  made  by  the  birth  mother,
22    except as agreed upon in the surrogacy contract.

23        Section  30.  Legitimacy.  A  child  created  through the
24    provisions of this Act shall be considered, upon  birth,  the
25    legitimate  child  of  the intended parent or parents for all
26    legal purposes.

27        Section 35.  Succession.  A child who is the result of  a
28    surrogacy contract shall be considered a child only of his or
29    her intended parent or parents for the purposes of:
30             (1) intestate succession;
31             (2)  taking  against  the will of any person, unless
 
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 1        the will provides otherwise; or
 2             (3)  being  entitled  to  any  support  or   similar
 3        allowance during the administration of a parent's estate.

 4        Section 40.  Duty to support.
 5        (a)  Any  person  who is determined to be the parent of a
 6    child under this Act shall support the child.
 7        (b) If  the  parties  of  a  surrogacy  contract  do  not
 8    substantially  comply  with the applicable provisions of this
 9    Act, the court may impose a support obligation on any of  the
10    parties.  In  imposing this support obligation, the court may
11    consider the seriousness of and the reasons for noncompliance
12    in order to determine which of the parties, if any, should be
13    liable for support.
14        (c) If any person willfully  fails  to  comply  with  the
15    provisions of this Act and the effect of noncompliance is the
16    authorization  of  a procedure in violation of this Act, that
17    person may be liable for support of the resulting child.
18        (d) A breach of a  surrogacy  contract  by  the  intended
19    parent or parents shall not affect their support obligation.

20        Section   45.  Requirements  for  surrogacy  contract.  A
21    surrogacy  contract  is  lawful   only   if   the   following
22    requirements are fulfilled:
23        (a)  The  contract  is formed through a third party agent
24    who provides for the screening of all  parties  involved  and
25    the  medical  and psychological evaluation and counseling for
26    the parties. The third party agent shall:
27             (1)  initially  coordinate  the  matching   of   the
28        potential  surrogate  mothers with the potential intended
29        parent or parents;
30             (2) coordinate and facilitate access to medical  and
31        psychological  evaluations  once the potential parties to
32        the surrogacy agreement are determined;
 
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 1             (3) make an evaluation of  the  suitability  of  the
 2        parties  to  a  surrogacy contract, after the medical and
 3        psychological evaluations are completed;
 4             (4) submit the  agent's  evaluation  to  the  court,
 5        along  with  all  other  documents  necessary in order to
 6        provide additional guidance to the determining court; and
 7             (5) provide  access  to  medical  and  psychological
 8        counseling   for  all  involved  parties  throughout  the
 9        contract and for an 8-week period after the birth of  the
10        child.
11        (b)  The  surrogate  and  the  intended parent or parents
12    shall undergo non-medical evaluation and counseling performed
13    by a health care provider. The  surrogate  and  the  intended
14    parent or parents shall not use the same health care provider
15    and  shall waive any non-disclosure privileges of the results
16    of the evaluations conducted by the health care provider. The
17    health care provider shall:
18             (1) assess each party's suitability to the agreement
19        including    each  party's  ability  to   provide   love,
20        affection,  and guidance to the child, the ability of the
21        party to  adjust  to  the  risks  of  the  contract,  the
22        psychological history of the party, and other factors the
23        health care provider deems relevant; and
24             (2)   make   a   finding   containing   his  or  her
25        professional  opinion  as  to   the   understanding   and
26        qualification of the intended parent or parents to accept
27        the responsibility of the surrogacy agreement.
28        In  the  case  of  the  evaluation  of the surrogate, the
29    health care provider shall make a finding containing  his  or
30    her   professional   opinion  as  to  the  understanding  and
31    capability  of  the  surrogate  to  perform   the   surrogacy
32    agreement.
33        (c)  A  home  study for child placement must be conducted
34    with respect to the intended parent or parents by a  licensed
 
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 1    child placing agency or the Department of Children and Family
 2    Services.  The  study  shall assess the condition of the home
 3    and the ability of the intended parent or parents to  provide
 4    for  the  health,  well-being,  and  general necessity of the
 5    child. The results of the study shall be  made  available  to
 6    all parties of the surrogacy contract.
 7        (d)  Medical evaluations shall be performed by a licensed
 8    physician on the surrogate and the donor or  donors,  if  the
 9    donor is to be an intended parent. The surrogate shall not be
10    examined  by  the  same  physician  who examines the intended
11    parent or parents. The evaluation shall include an  extensive
12    medical   history.   In   cases  of  artificial  insemination
13    surrogacy, the surrogate shall be subject to genetic testing.
14    In cases of gestational surrogacy, the intended mother or egg
15    donor shall be subject to genetic testing.
16        (e) Separate counsel shall represent  the  surrogate  and
17    the  intended parent or parents in all matters concerning the
18    surrogacy arrangement and contract.
19        (f) Each party to the surrogacy  contract  shall  provide
20    the  agent with a written indication of that party's informed
21    consent.
22        (g) The intended parent or parents shall place money,  in
23    the  amount indicated in the surrogacy contract, in escrow so
24    that the agent can ensure payment of the expenses of and  the
25    compensation  to the surrogate. The distribution of money for
26    compensation or expenses shall be specified in the  surrogacy
27    contract.
28        (h)  The  surrogacy  contract  shall be authorized by the
29    court prior  to  the  in  vitro  fertilization  or  preembryo
30    transfer procedure.

31        Section 50.  Establishment of parent-child relationship.
32        (a)  A  parent-child  relationship  may be established in
33    the event of surrogacy if all of the following conditions are
 
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 1    met prior to the birth of the child:
 2             (1)  The surrogate mother certifies that she is  not
 3        the  biological  mother  of  the  child,  and that she is
 4        carrying the child of the intended parent or parents.
 5             (2)  The husband, if any, of  the  surrogate  mother
 6        certifies  that  he  is  not the biological father of the
 7        child and that the child is that of the  intended  parent
 8        or parents.
 9             (3)  The  intended mother certifies that she donated
10        the egg  from  which  the  child  being  carried  by  the
11        surrogate mother was conceived.
12             (4)  The  intended  father certifies that he donated
13        the sperm from which  the  child  being  carried  by  the
14        surrogate mother was conceived.
15             (5)  A  physician  licensed  to practice medicine in
16        all its branches in the State of Illinois certifies  that
17        the  child  being  carried by the surrogate mother is the
18        biological child of the intended parent or  parents,  and
19        that  neither  the  surrogate  mother  nor  the surrogate
20        mother's husband, if any, is a biological parent  of  the
21        child being carried by the surrogate mother.
22        (b)  All  certifications under subsection (a) shall be in
23    writing and witnessed by 2 competent adults who are  not  the
24    surrogate   mother,   surrogate  mother's  husband,  if  any,
25    intended mother, or intended father.  Certifications shall be
26    on forms prescribed by  the  Illinois  Department  of  Public
27    Health,  shall  be  executed prior to the birth of the child,
28    and shall be placed in the medical records of  the  surrogate
29    mother  prior  to  the  birth  of  the  child.  Copies of all
30    certifications shall be delivered to the Illinois  Department
31    of Public Health prior to the birth of the child.

32        Section 55.  Surrogacy contract.
33        (a)  The  surrogacy  contract  shall  include, but is not
 
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 1    limited to, the following terms:
 2             (1) The surrogacy contract must be  in  writing  and
 3        signed  by  the  surrogate  and  the  intended  parent or
 4        parents  after  the  parties  have  had   full   medical,
 5        psychological,  and legal counseling. If the surrogate is
 6        married, her spouse's signature is also required.
 7             (2) The surrogate  must  give  certification,  after
 8        informed consent, that she shall be impregnated, bear the
 9        child, and surrender custody of the child to the intended
10        parent   or  parents  upon  the  child's  birth.  If  the
11        surrogate is married, the spouse's  certification,  after
12        informed  consent,  is  required  and  the  spouse  shall
13        surrender custody and all legal claims to the child.
14             (3)  The  amount  of compensation must be stated and
15        shall include:
16                  (A) reasonable compensation;
17                  (B)   pregnancy-related   expenses,   including
18             pre-arranged medical evaluations  and  complications
19             occurring   within   an   8-week  period  after  the
20             delivery;
21                  (C) a figure representing lost wages caused  by
22             the pregnancy, delivery, and post-partum recovery;
23                  (D)  health,  disability,  and  life  insurance
24             throughout the term of the pregnancy and for 8 weeks
25             after the delivery;
26                  (E) attorney's fees and court costs relating to
27             the   arrangement,   contract,   and   authorization
28             procedures; and
29                  (F)  counseling  fees  and  costs  relating  to
30             non-medical   evaluations   before  and  during  the
31             pregnancy and for an 8-week period after delivery.
32             (4) The terms and conditions for the distribution of
33        money by the agent to  the  surrogate  for  expenses  and
34        compensation must be stated.
 
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 1             (5)  The  name  and  address  of  the  physician  or
 2        physicians  who will perform the surrogacy procedure must
 3        be stated.
 4             (6)  In  the   case   of   artificial   insemination
 5        surrogacy,  any visitation rights of the surrogate mother
 6        and the sperm donor, if known, must be stated.
 7        (b) The  surrogacy  contract  may  include,  but  is  not
 8    limited to, the following terms:
 9             (1)  The  intended  parent  or parents may appoint a
10        physician of their choice to care for the  surrogate  and
11        may  require the surrogate to undergo with that physician
12        all  medical  exams,  treatments,  and  fetal  monitoring
13        procedures that the intended parent  or  parents  or  the
14        physician   deem   necessary   for  the  success  of  the
15        pregnancy.
16             (2) The intended parent or parents  may  require  in
17        advance  of  the  in  vitro  fertilization  or  preembryo
18        transfer  procedure  that  the surrogate abstain from any
19        activities that  the  intended  parent  or  parents  deem
20        harmful  to the pregnancy and future health of the child,
21        including,  but  not  limited   to:   smoking;   drinking
22        alcoholic  beverages; use of non-prescribed drugs; use of
23        prescription  drugs  not  authorized  by  a  health  care
24        provider; exposure to radiation; or any other  activities
25        proscribed by a health care provider.
26             (3)  The  intended parent or parents may choose that
27        the delivery be performed by Caesarean section.
28        (c) The surrogacy contract shall contain  attachments  of
29    the certifications establishing the parent-child relationship
30    as provided for in this Act and the Illinois Parentage Act of
31    1984.

32        Section 60.  Judicial authorization.
33        (a)  Within  one  week after the execution of a surrogacy
 
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 1    contract, the parties shall file notice with the court of the
 2    surrogacy contract and must jointly petition  the  court  for
 3    judicial authorization.
 4        (b) The petition shall include:
 5             (1)  the  full  names,  ages, and residencies of all
 6        parties;
 7             (2) the name and address of the  licensed  physician
 8        or physicians who will perform the procedure;
 9             (3)  an original copy of the surrogacy contract with
10        all of the required written consents and signatures;
11             (4) documents, evaluations, and records as  required
12        by this Act;
13             (5)  evidence  that  the  intended parent or parents
14        have deposited sufficient funds in escrow; and
15             (6) a written consent by the surrogate's husband, if
16        any, acknowledging  the  agreement  and  his  consent  to
17        undergo   testing   if  requested  by  a  paternity  test
18        petition.
19        (c) After the notice and  petition  are  filed  with  the
20    court,  the  intended  parent  or parents shall post with the
21    court a bond of a surety company registered  to  do  business
22    within the State. This bond shall indemnify the State for any
23    possible  costs,  as  determined  by  the  court, that may be
24    incurred by the State for the care and placement of the child
25    in the event of a failure of the surrogacy contract.
26        (d) The court, in its discretion, may require  a  hearing
27    prior  to  granting  the judicial authorization. This hearing
28    shall be conducted according to the provisions of this Act.
29        (e) The court shall determine,  no  later  than  60  days
30    after  the  filing  or re-filing of the petition or, in cases
31    involving a  hearing,  within  60  days  after  the  hearing,
32    whether  all  of  the  required  documents,  evaluations, and
33    consents have been filed and the  requirements  of  this  Act
34    have  been  satisfied. An order granting authorization of the
 
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 1    surrogacy contract shall be given only upon the finding that:
 2             (1) all parties to the  contract  have  given  their
 3        informed consent;
 4             (2)  the  surrogacy  contract conforms to all of the
 5        requirements of this Act and contains  no  prohibited  or
 6        unconscionable terms;
 7             (3)  the evaluations and counseling required by this
 8        Act have been sufficiently completed by qualified  health
 9        care providers; and
10             (4)  the  surrogacy contract is in the best interest
11        of the intended child.
12    If the court finds that the required documents,  evaluations,
13    and  consents  are not sufficient in the original filing, the
14    court shall give the parties one month to correct the filing.
15        (f)  If the parties submit another insufficient  petition
16    or  fail  to  submit  an  amended  petition,  the court shall
17    dismiss the petition. The same parties  are  prohibited  from
18    submitting  another petition for authorization of a surrogacy
19    contract for 6 months after the dismissal of the most  recent
20    petition.
21        (g)  The  court  shall  refuse to authorize the surrogacy
22    contract if the court finds  that  any  misrepresentation  or
23    false  statement or document was submitted in connection with
24    the petition. Any parties involved in such a filing shall  be
25    prohibited  from  filing  for authorization for one year from
26    the date of refusal.
27        (h) Either party may request a hearing to be held  within
28    60  days after the order authorizing or denying the surrogacy
29    contract and may offer additional relevant information.
30        (i) The effect of  the  judicial  order  authorizing  the
31    surrogacy  contract  shall be the termination of the parental
32    rights of the surrogate and her husband, if  any,  after  the
33    birth  of the intended child and a vesting of those rights in
34    the intended parent or parents of the surrogacy contract.
 
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 1        (j)  The  court  shall  retain  jurisdiction   over   the
 2    arrangement throughout the duration of the surrogacy contract
 3    and for 8 weeks thereafter.

 4        Section  65.  Notice;  hearings.  If the court requires a
 5    hearing on  the  petition  for  judicial  authorization,  the
 6    hearing  shall be held within 30 days after the filing of the
 7    petition.  At least 10 days prior to the hearing,  notice  of
 8    the  hearing  shall  be  given  to the parties and any mental
 9    health  practitioner,  child  placing  agency,  health   care
10    provider,  or  any  other  person who conducted nonmedical or
11    medical evaluation or counseling with respect to a  party  to
12    the contract.  The notice shall include the time and place of
13    the hearing.
14        All  hearings shall be closed to the public and the court
15    shall  admit  only  the  essential  officers  of  the  court,
16    parties, witnesses, and counsel. The parties to the surrogacy
17    contract must be present at the hearing.
18        Papers and records pertaining to  the  surrogacy  hearing
19    shall  be  subject  to  inspection  only  upon consent of all
20    petitioners or upon a showing of good cause  supported  by  a
21    court order.

22        Section 70.  Liabilities.  A person who acts in negligent
23    noncompliance  of  this  Act  shall  be  liable for resulting
24    damages and may be jointly and  severally  liable  for  child
25    support  to the resulting child under the laws of this State.
26    The sanctions provided in this Section shall be  in  addition
27    to any other sanctions provided by this Act.

28        Section 75.  Sperm donor liability.  A sperm donor may be
29    liable  for  child support only if he signs an agreement with
30    the other parties in the surrogacy contract to that effect.
 
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 1        Section 80.  Immunities.
 2        (a) Except as provided in this Act, no  person  shall  be
 3    civilly  or  criminally liable for nonnegligent actions taken
 4    pursuant to the requirements of this Act.
 5        (b) A  health  care  provider  whose  actions,  taken  in
 6    performance  of a contract under this Act, are in accord with
 7    reasonable medical standards shall not be subject to criminal
 8    or civil liability or discipline for  unprofessional  conduct
 9    with respect to those actions.

10        Section 85.  Noncompliance.
11        (a)   Noncompliance   by   the  surrogate  in  artificial
12    insemination surrogacy occurs when a paternity  test  reveals
13    that  the  intended  father or agreed-upon sperm donor is not
14    the natural father. Only the surrogate or the intended parent
15    or parents may petition the court to determine  paternity  of
16    the  child.  The  petition for the determination of paternity
17    must be submitted to the court within 14 calendar days  after
18    the birth of the child.
19        (b) Noncompliance by the surrogate or the intended parent
20    or parents occurs when that party breaches a provision of the
21    contract.

22        Section 90.  Effect of noncompliance.  Except as provided
23    in  this Section, noncompliance with the requirements of this
24    Act shall not affect the determination  of  parenthood  under
25    this   Act  nor  shall  breach  of  a  judicially  authorized
26    surrogacy contract affect the  transfer  of  parentage  under
27    this  Act.  All  legal  remedies  are  available  to the non-
28    breaching party.
29        In  the  case  of  noncompliance  by  the  surrogate   in
30    artificial  insemination  surrogacy,  the  surrogate's breach
31    shall mean that the custody is placed with the surrogate  and
32    her spouse, if she is married, and the intended parents shall
 
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 1    not  have  any  legal responsibility concerning the child. In
 2    this case, all legal remedies are available to  the  intended
 3    parent or parents against the surrogate.
 4        There  shall be no specific performance requirement for a
 5    breach by the surrogate of a  surrogacy  contract  term  that
 6    requires her to be impregnated.

 7        Section  95.  Damages.  If  the surrogate fails to become
 8    pregnant  within  a  reasonable  time  after  the   surrogacy
 9    contract  has been judicially approved, the contract shall be
10    voidable at the option of either party.
11        If the intended parents breach a  material  term  of  the
12    contract, the surrogate may recover health care expenses that
13    the  intended  parents were required to pay, collect the fees
14    provided for in the contract, and,  if  the  breach  was  the
15    refusal  to  accept the child, collect child support from the
16    intended parents.

17        Section  100.  Rulemaking.  The  Department   of   Public
18    Health may adopt rules pertaining to the required medical and
19    psychological evaluations for a surrogacy contract. Until the
20    Department  of  Public  Health  adopts  these  rules, medical
21    evaluations and procedures shall be conducted  in  accordance
22    with  the  relevant  sections  of  the most recent guidelines
23    produced by the American Fertility Society.

24        Section 105.  Severability.  If any provision of this Act
25    or application of any provision of this Act to any person  or
26    circumstance  is held invalid, the invalidity does not affect
27    the other provisions or applications of the Act that  can  be
28    given effect without the invalid provision or application and
29    for this purpose the provisions of this Act are severable.

30        Section  800.   The  Illinois  Parentage  Act  of 1984 is
 
                            -16-     LRB093 02043 LCB 02101 b
 1    amended by changing Section 6 as follows:

 2        (750 ILCS 45/6) (from Ch. 40, par. 2506)
 3        Sec. 6.  Establishment of Parent and  Child  Relationship
 4    by Consent of the Parties.
 5        (a)  A  parent  and child relationship may be established
 6    voluntarily by the signing  and  witnessing  of  a  voluntary
 7    acknowledgment  of parentage in accordance with Section 12 of
 8    the Vital Records Act, or Section  10-17.7  of  the  Illinois
 9    Public  Aid Code, or the provisions of the Surrogacy Act. The
10    voluntary  acknowledgment  of  parentage  shall  contain  the
11    social security numbers of the persons signing the  voluntary
12    acknowledgment  of parentage; however, failure to include the
13    social security numbers of the persons  signing  a  voluntary
14    acknowledgment of parentage does not invalidate the voluntary
15    acknowledgment of parentage.
16             (1)  A  parent-child relationship may be established
17        in the  event  of  surrogacy  if  all  of  the  following
18        conditions are met prior to the birth of the child:
19                  (A)  The surrogate mother certifies that she is
20             not the biological mother of the child, and that she
21             is  carrying  the  child  of  the  biological father
22             (sperm donor) and  of  the  biological  mother  (egg
23             donor).
24                  (B)  The  husband,  if  any,  of  the surrogate
25             mother certifies  that  he  is  not  the  biological
26             father  of  the  child and that the child is that of
27             the biological  father  (sperm  donor)  and  of  the
28             biological mother (egg donor).
29                  (C)  The  biological  mother certifies that she
30             donated the egg from which the child  being  carried
31             by the surrogate mother was conceived.
32                  (D)  The  biological  father  certifies that he
33             donated the sperm from which the child being carried
 
                            -17-     LRB093 02043 LCB 02101 b
 1             by the surrogate mother was conceived.
 2                  (E)  A physician licensed to practice  medicine
 3             in  all  its  branches  in  the  State  of  Illinois
 4             certifies  that  the  child  being  carried  by  the
 5             surrogate  mother  is  the  biological  child of the
 6             biological mother (egg donor) and biological  father
 7             (sperm donor), and that neither the surrogate mother
 8             nor  the  surrogate  mother's  husband, if any, is a
 9             biological parent of the child being carried by  the
10             surrogate mother.
11                  (F)  All certifications shall be in writing and
12             witnessed  by  2  competent  adults  who are not the
13             surrogate mother,  surrogate  mother's  husband,  if
14             any,   biological   mother,  or  biological  father.
15             Certifications shall be on forms prescribed  by  the
16             Illinois  Department  of  Public  Health,  shall  be
17             executed  prior to the birth of the child, and shall
18             be placed in the medical records  of  the  surrogate
19             mother  prior  to the birth of the child.  Copies of
20             all  certifications  shall  be  delivered   to   the
21             Illinois  Department  of  Public Health prior to the
22             birth of the child.
23             (2)  Unless otherwise determined  by  order  of  the
24        Circuit  Court,  the  child  shall  be presumed to be the
25        child of  the  surrogate  mother  and  of  the  surrogate
26        mother's   husband,   if  any,  if  all  requirements  of
27        subdivision (a)(1) are not met prior to the birth of  the
28        child.  This  presumption  may  be  rebutted by clear and
29        convincing evidence.  The circuit  court  may  order  the
30        surrogate  mother, surrogate mother's husband, biological
31        mother, biological father, and child to  submit  to  such
32        medical  examinations  and  testing  as  the  court deems
33        appropriate.
34        (b)  Notwithstanding any other provisions  of  this  Act,
 
                            -18-     LRB093 02043 LCB 02101 b
 1    paternity  established  in accordance with subsection (a) has
 2    the full force and effect of a judgment  entered  under  this
 3    Act  and  serves as a basis for seeking a child support order
 4    without any further proceedings to establish paternity.
 5        (c)  A judicial or administrative  proceeding  to  ratify
 6    paternity  established  in  accordance with subsection (a) is
 7    neither required nor permitted.
 8        (d)  A signed acknowledgment of paternity  entered  under
 9    this  Act  may  be  challenged  in court only on the basis of
10    fraud, duress, or material mistake of fact, with  the  burden
11    of  proof upon the challenging party.  Pending outcome of the
12    challenge to  the  acknowledgment  of  paternity,  the  legal
13    responsibilities  of  the  signatories  shall  remain in full
14    force and effect, except upon  order  of  the  court  upon  a
15    showing of good cause.
16        (e)  Once  a parent and child relationship is established
17    in accordance with subsection (a), an order for  support  may
18    be  established  pursuant to a petition to establish an order
19    for support by consent filed with the clerk  of  the  circuit
20    court.   A  copy  of the properly completed acknowledgment of
21    parentage form  shall  be  attached  to  the  petition.   The
22    petition  shall ask that the circuit court enter an order for
23    support.  The petition may ask that an order for  visitation,
24    custody,   or   guardianship  be  entered.   The  filing  and
25    appearance fees provided under the Clerks of Courts Act shall
26    be waived  for  all  cases  in  which  an  acknowledgment  of
27    parentage form has been properly completed by the parties and
28    in  which  a  petition  to  establish an order for support by
29    consent has been filed with the clerk of the  circuit  court.
30    This subsection shall not be construed to prohibit filing any
31    petition for child support, visitation, or custody under this
32    Act,  the  Illinois Marriage and Dissolution of Marriage Act,
33    or the Non-Support Punishment  Act.   This  subsection  shall
34    also  not  be  construed  to  prevent the establishment of an
 
                            -19-     LRB093 02043 LCB 02101 b
 1    administrative  support  order  in  cases  involving  persons
 2    receiving child support enforcement services under Article  X
 3    of the Illinois Public Aid Code.
 4    (Source:  P.A.  91-308,  eff.  7-29-99; 91-613, eff. 10-1-99;
 5    92-16, eff. 6-28-01)