Illinois Compiled Statutes - Full Text

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Illinois Compiled Statutes - Full Text

Illinois Compiled Statutes (ILCS)

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750 ILCS 46/709

    (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.)