Recent major legal change

Surrogacy laws in Illinois

Illinois has a detailed Gestational Surrogacy Act, and that Act was materially updated by Public Act 104-448 effective December 12, 2025.

Why this page is blue: Illinois has a mature statutory framework, but the governing Act changed recently enough that older summaries may no longer reflect the current text.

What changed

The Gestational Surrogacy Act continues to provide statutory standards and safeguards for gestational-surrogacy agreements, but key provisions were amended effective December 12, 2025.

What prospective gestational carriers should verify

  • The current eligibility and agreement requirements.
  • Independent legal representation and required evaluations.
  • How parentage documentation works under the current Act.
  • Compensation, expenses, insurance and escrow terms in the agreement.
  • Whether guidance being used predates the December 2025 amendments.

The blue status does not mean Illinois lacks a comprehensive statute; it flags a recent material change to that statute.