In Illinois, your surrogacy contract is the required legal framework that protects both you and your surrogate before any medical steps begin.
By partnering with an experienced agency and attorney to draft a comprehensive agreement, you can address essential details like compensation and birth plans while securing your legal parentage from the start. This proactive approach eliminates second-guessing so you can focus on the excitement of growing your family.
We’re here to explain how the Illinois Gestational Surrogacy Act works, the specific terms your agreement must include, and how we help you navigate every legal requirement.
Contact us online and fill out a contact form to speak with a specialist, or call 1-800-875-2229 or text 913-204-0224 to get free information today.
What Should Be Included in a Surrogacy Contract?
Your surrogacy contract establishes the rules and expectations for the relationship between the intended parents and the surrogate. In Illinois, you must consider what should be included in surrogacy contract drafts to protect everyone involved.
Most contracts include sections on:
- Fair Surrogacy Compensation: This outlines base compensation, monthly allowances, and reimbursement for medical or travel expenses.
- Medical Rights and Risks: This details the IVF procedures and the assumption of pregnancy-related risks.
- Delivery Plans: This establishes the birth location and who will be in the delivery room.
- Lifestyle Clauses: These are agreements regarding diet, travel, and activities during the pregnancy.
- Resolution Clauses: These list the steps to take if a dispute or breach of contract occurs.
You might ask, how long is surrogacy contract negotiation? It varies based on your situation, but addressing these legal aspects upfront removes uncertainty and keeps the focus on the pregnancy.
Legal Clearance: The Final Step Before Transfer
The legal clearance process is mandatory before the embryo transfer can take place. This step confirms the contract is finalized and signed before a pregnancy occurs.
The contract negotiation stage typically follows these steps:
The intended parents' attorney writes the initial gestational carrier agreement (GCA). The surrogate reviews the contract with her own independent attorney to protect her interests. Both parties negotiate terms until they reach an agreement. The contract is signed and notarized. A legal clearance letter is sent to the fertility clinic, authorizing the medical cycle.
Following this timeline protects the medical and legal integrity of the surrogacy legal process, and you can review our surrogate guide to the GCA to understand exactly what to expect.
Can Surrogacy Contracts Be Enforced in Illinois?
Yes. Illinois is one of the most surrogacy-friendly states because of the Illinois Gestational Surrogacy Act.
This legislation helps answer the question: Can surrogacy contracts be enforced? Yes, they can.
As long as the contract meets statutory requirements—such as the surrogate being at least 21 years old, having given birth previously, and completing medical evaluations—the state enforces the agreement.
This allows for the establishment of parentage prior to birth without court proceedings in many cases.
What happens if a surrogacy contract is breached?
Contract breaches are serious issues that the agreement must address. You need to know what happens if contract is breached, whether it involves missing payments or engaging in restricted behaviors.
Under Illinois law, the contract outlines breach of surrogacy contract consequences, such as financial damages or reimbursement. If issues arise, contract disputes mediation is often the first step.
Courts generally will not force a surrogate to undergo or refuse a specific medical procedure (like an abortion or C-section) against her will. The consequences are typically financial or legal rather than physical.
Fair Surrogacy Compensation in Illinois and Payment Structure
Discussing finances upfront prevents confusion later. Fair surrogacy compensation in Illinois depends on factors like the surrogate’s experience, location, and the specific agency program.
A standard surrogacy pay structure in Illinois includes:
A set fee paid in monthly installments once a heartbeat is confirmed. Funds for miscellaneous expenses like vitamins, mileage, and childcare. A secure, third-party account holds all funds to guarantee timely payments.
You should also look at payment schedule options to ensure cash flow meets the surrogate's needs.
Medical Decisions and Control During Pregnancy
Intended parents often worry about control, while surrogates worry about autonomy. A strong contract addresses both, including medical records access rights and choosing the OB doctor for surrogacy, and more.
Typically, the surrogate retains the right to make decisions regarding her body and health care. The contract usually stipulates that she agrees to follow the medical decisions in surrogacy advice of the IVF physician and obstetrician, including the medication approval process.
Parties agree on major decisions—such as the number of embryos to transfer or invasive procedures—in writing before the pregnancy begins.
Termination and selective reduction clauses
Illinois law requires the contract to state the parties' agreement regarding termination for medical reasons and selective reduction agreements.
Intended parents and surrogates must align on abortion decisions in contracts before matching. The contract outlines the specific medical circumstances where a termination or reduction might be considered.
While the contract expresses the parties' intent, Illinois law generally respects the surrogate's right to make final decisions regarding her body, though financial consequences may apply if she does not follow the agreed-upon path.
Lifestyle Clauses: Travel, Diet, and Daily Life Considerations
Surrogacy contracts often include lifestyle restrictions to minimize risk to the pregnancy.
Common clauses include:
- Travel restrictions during pregnancy: Limits on travel during the late stages of pregnancy or to areas with health risks.
- Diet restrictions during surrogacy: Agreements to avoid foods generally considered unsafe during pregnancy.
- Exercise restrictions during surrogacy: Guidelines on avoiding high-impact sports or hazardous activities.
Delivery Plans and Post-Birth Expectations
The contract covers the logistics of delivery day, including delivery room presence rights. The delivery plan section outlines who is allowed in the delivery room and the level of immediate contact the intended parents will have with the baby.
Planning your surrogacy experience also includes what to expect after birth, such as recovery time compensation and a pumping agreement contract if the surrogate agrees to provide breastmilk.
Setting these expectations early lets everyone focus on the arrival.
Insurance Requirements for Surrogacy Journeys
Medical costs require clear insurance planning in the contract, including disability insurance coverage and life insurance requirements. The agreement verifies whether the surrogate’s current health insurance policy covers a surrogate pregnancy, as many do not.
If her policy has a "surrogacy exclusion," the intended parents must typically purchase surrogate friendly insurance.
We can help intended parents navigate surrogacy insurance for intended parents as well as insurance for a surrogate to protect her family.
Agency vs. Independent Surrogacy: Legal and Emotional Considerations
An agency vs. independent journey offers different levels of support.
An independent surrogacy contract requires the intended parents and surrogate to manage every legal, medical, and financial detail themselves.
This increases the responsibility on both parties to avoid legal errors or emotional friction when discussing topics like money or termination clauses. Working with an agency provides professional support compared to independent surrogacy vs. agency support.
We handle the uncomfortable conversations, coordinate the attorneys, and manage the escrow. This allows you to maintain a positive relationship with each other, focusing on the connection rather than the logistics.
Ensure Your Illinois Surrogacy Contract Covers Every Detail
A complete surrogacy contract is the foundation of a successful process. It safeguards your rights and your future.
You can take the first step on your surrogacy journey today. Contact us online or call 1-800-875-2229 or text 913-204-0224 to get more free information.