Gestational surrogacy contracts are enforceable by law, however, traditional surrogacy agreements are not addressed. A surrogate also may be compensated beyond the costs of reimbursement of expenses incurred.
All intended parents are able to enter into surrogacy agreements regardless of their marital status.
State law in Illinois defines and restricts some of the rights of the surrogate:
- A surrogate must have legal representation and health insurance for up to 8 weeks postpartum. The law does not require that the intended parents pay for it.
- A surrogate is required to undergo both mental and physical health screenings prior to the commencement of any medical procedures.
- The surrogate has the right to choose healthcare providers. The requirement is that consultation of the intended parents must be consulted. In addition, the surrogate is required to undergo “all medical exams, treatments, and fetal monitoring procedures that the physician recommends for the success of the pregnancy” and to “abstain from any activities that the intended parent(s) or the physician reasonably believes to be harmful to the pregnancy and future health of the child.”
- State law of Illinois requires that compensation for the surrogate must be executed via an escrow account with an independent agent prior to any medical procedures, except for evaluations.