Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 500 - ILLINOIS VITAL RECORDS CODE › Section 500.25 - Gestational Surrogacy Births

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 A process for establishing a parent-child relationship between a child and his
			 or her intended parent or parents when the child is being carried by a
			 gestational surrogate shall be completed prior to the birth of the child in
			 accordance with Section 12 of the Vital Records Act, Section 6 of the Illinois
			 Parentage Act of 1984, and the Gestational Surrogacy Act.
b) At least one of the intended
			 parents/co-parents must be the biological parent (egg or sperm donor) of the
			 child being carried by the gestational surrogate.
c) The name or names of the intended parent
			 or parents, irrespective of gender or marital/civil union status, shall be
			 entered on the child's birth record so long as the intended parent is a party
			 to, or both intended parents are parties to, an otherwise lawful gestational
			 surrogacy contract.
d) The names of
			 the gestational surrogate and the gestational surrogate's husband/civil union
			 partner, if any, are not placed on the child's birth certificate.
e) All parties and spouses/partners involved
			 in the surrogate arrangement must sign certified statements consenting to the
			 establishment of the child's parentage (see Appendix J).
f) A physician licensed to practice medicine
			 in all its branches in the State of Illinois must sign a certified statement
			 that the child being carried by the gestational surrogate is the child of the
			 intended parent/co-parent or parents/co-parents and that neither the
			 gestational surrogate nor the gestational surrogate's husband/civil union
			 partner, if any, is a biological parent of the child being carried by the
			 gestational surrogate. (Section 6(a) of the Illinois Parentage Act of
			 1984)
g) The attorneys representing
			 the intended parent/co-parent or parents/co-parents and the gestational
			 surrogate and her husband/civil union partner, if any, must each sign a
			 separate certified statement that the parties have signed a gestational
			 surrogacy contract and that this contract satisfies the requirements of Section
			 25 of the Gestational Surrogacy Act. (Section 6(a) of the Illinois Parentage
			 Act of 1984)
h) The certified
			 statements must be on forms prescribed by the Department and executed prior to
			 the birth of the child (see Appendix J).
i) The certified statement must be witnessed
			 by two competent adults age 18 or older who are not the parties and
			 spouses/civil union partners involved in the surrogate arrangement.
j) The original certified statements, not
			 photocopies, must be delivered to the director of medical records in the
			 hospital of planned delivery prior to the birth of the child. These original
			 statements are to be placed in the medical record of the gestational surrogate.
			 (Section 6(a) of the Illinois Parentage Act of 1984)
k) If a surrogate birth occurs in an Illinois
			 hospital other than the hospital planned for the delivery, the person preparing
			 the birth certificate must be advised of the existence of the surrogate
			 parentage statements. The birth record preparer should immediately contact the
			 Department's Division of Vital Records, or the hospital where the birth was
			 planned, for a copy of the surrogate parentage statements and also request that
			 the original surrogate parentage statements be forwarded to the delivering
			 hospital for inclusion in its medical records files.
l) A photocopy of all of the certified
			 statements shall be filed, at no charge, with the Department's Division of
			 Vital Records prior to the birth of the child at the following address:
Illinois Department of Public Health
Division of Vital Records
925 East Ridgely Ave.
Springfield IL 62702-2737
m) The Gestational Surrogacy Act does not
			 apply if the gestational surrogate delivers the child outside of
			 Illinois.