Illinois Compiled Statutes 750 ILCS 47/15 – Rights of Parentage
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(a) Except as provided in this Act, the woman who gives birth to a child is presumed to be the mother of that child for purposes of State law.
(b) In the case of a gestational surrogacy satisfying the requirements set forth in subsection (d) of this Section:
(1) the intended mother shall be the mother of the
(b) In the case of a gestational surrogacy satisfying the requirements set forth in subsection (d) of this Section:
Terms Used In Illinois Compiled Statutes 750 ILCS 47/15
- Contract: A legal written agreement that becomes binding when signed.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- State: when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14
(1) the intended mother shall be the mother of the
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child for purposes of State law immediately upon the birth of the child;
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(2) the intended father shall be the father of the
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child for purposes of State law immediately upon the birth of the child;
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(3) the child shall be considered the legitimate
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child of the intended parent or parents for purposes of State law immediately upon the birth of the child;
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(4) parental rights shall vest in the intended parent
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or parents immediately upon the birth of the child;
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(5) sole custody of the child shall rest with the
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intended parent or parents immediately upon the birth of the child; and
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(6) neither the gestational surrogate nor her
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husband, if any, shall be the parents of the child for purposes of State law immediately upon the birth of the child.
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(c) In the case of a gestational surrogacy meeting the requirements set forth in subsection (d) of this Section, in the event of a laboratory error in which the resulting child is not genetically related to either of the intended parents, the intended parents will be the parents of the child for purposes of State law unless otherwise determined by a court of competent jurisdiction.
(d) The parties to a gestational surrogacy shall assume the rights and obligations of subsections (b) and (c) of this Section if:
(1) the gestational surrogate satisfies the
(d) The parties to a gestational surrogacy shall assume the rights and obligations of subsections (b) and (c) of this Section if:
(1) the gestational surrogate satisfies the
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eligibility requirements set forth in subsection (a) of Section 20;
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(2) the intended parent or parents satisfy the
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eligibility requirements set forth in subsection (b) of Section 20; and
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(3) the gestational surrogacy occurs pursuant to a
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gestational surrogacy contract meeting the requirements set forth in Section 25.
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