Illinois law allows gestational surrogacy agreements, where the surrogate mother is not the biological contributor of the egg. However the law does not address traditional surrogacy agreements in which the surrogate mother is the biological contributor of the egg. The issue of surrogacy agreements involving lesbian, gay, bisexual or transgender (LGBT) individuals has not yet been considered by the courts. According to 750 ILCS 45/6, a parent and child relationship may be established voluntarily by consent of the parties when:
- the surrogate mother certifies she is not the biological mother;
- the husband of the surrogate mother certifies he is not the biological father;
- the intended mother certifies she donated the egg;
- the intended father certifies he donated the sperm; and
- a licensed physician and an attorney for the intended parents certify in writing that all of the above is true.