Illinois is one of the most progressive states for gays and lesbians to contract with gestational surrogates. Legislature dictates that when a child is born through gestational surrogacy, the intended parent(s) have sole custody and full parental rights immediately upon the child’s birth. This allows the intended parent(s) to circumvent the entire adoption process, and also prevents the surrogate carrier from asserting a legal claim to the baby.
Illinois requires that one of the intended parents be genetically related to the child. If either of the intended parents donates his or her own genetic material (i.e. an intended mother is the egg donor or an intended father is the sperm donor), then both intended parents have equal custody and full parental rights from the moment the child is born.
The state does not have a residency requirement for intended parents or surrogate carriers, so Illinois is an ideal place for a child carried through gestational surrogacy to be born. Intended parents who live in communities with less favorable surrogacy laws should consider selecting a gestational carrier who is able to give birth in Illinois.
Source: The American Surrogacy Center