What Are My Legal Rights as a Surrogate Mother in Illinois?

 Posted on December 05, 2019 in Family Law

Infertility can be emotionally and physically draining on a couple, but unfortunately, it is not uncommon. The Centers for Disease Control and Prevention (CDC) estimates that nearly 16 percent of married women struggle with infertility, while almost 9 percent of women are clinically diagnosed as infertile. For those women who cannot have a child of their own, surrogacy enables a couple to raise their own biological child. A woman who chooses to serve as a surrogate can help couples achieve their dream of raising a family, while she herself may receive compensation for her services, making this both emotionally and financially rewarding. If you are considering becoming a surrogate, speaking with an experienced family law attorney can help you navigate the legal matters pertaining to this serious endeavor.

Requirements of the Surrogate

Because a surrogate is entrusted with carrying someone else's child, it is understandable that she will be carefully selected. To best protect the child, a prospective surrogate may undergo several medical tests to ensure that she is in the best health for carrying and delivering a baby. According to Illinois’ Gestational Surrogacy Act, a surrogate must:

• Be at least 21 years old

• Have a history of at least one healthy pregnancy and delivery

• Pass a physical and mental health exam

• Seek legal counsel in creating a gestational surrogacy contract

• Possess health insurance

Legal Rights of the Surrogate

While various medical tests help to protect the investment of the intended parents, the surrogate also holds legal rights during the surrogacy process. The Gestational Surrogacy Act also protects the surrogate from serious financial strain; specifically, the Act contains a duty of support provision, which holds the intended parents financially responsible for the child even if they wish to back out of the surrogacy contract.

In addition to the above, surrogate mothers in Illinois can also expect compensation for medical expenses, maternity clothing, labor and delivery costs, and more. The surrogate is further protected if the intended parents fail to comply with any other terms of the contract. In the state of Illinois, the obligations of each party will be determined on a case-by-case basis in a courtroom.

What Is the Legality of the Surrogacy Process?

Illinois is a surrogate-friendly state. This means the Gestational Surrogacy Act protects both the surrogate mother and the intended parents. A surrogacy contract lawyer can help the parties establish clear guidelines before the surrogacy process begins.

Call a DuPage County Family Law Attorney

Surrogacy is more than just a fertility treatment. It is a gift for parents who are unable to conceive a child on their own. At A. Traub & Associates, we understand the emotional, physical, and financial effects on all parties who agree to participate in the surrogacy process, and we will help ensure that your rights are protected. If you are interested in becoming a surrogate mother and would like to discuss how to draft a surrogacy contract, contact our Lombard, IL, surrogacy contract lawyers today at 630-426-0196 to schedule a consultation.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2613&ChapterID=59

https://www.cdc.gov/nchs/fastats/infertility.htm