IllinoisHB2568104th General Assembly (2025–2026)HouseWALLET

TRUST CODE-UNCLAIMED PROPERTY

Sponsored By: Sponsor information unavailable

Signed by Governor

Summary

Amends the Illinois Trust Code. Requires a trustee to maintain, for a minimum of 7 years after the termination of the trust, a copy of the governing trust instrument under which the trustee was authorized to act at the time the trust terminated. Amends the Revised Uniform Unclaimed Property Act. Provides that property held in an account or plan, including a health savings account, that qualifies for tax deferral under the United States income tax law, is presumed abandoned 20 years after the account was opened. Requires State agencies to report final compensation due a State employee to the Treasurer's Office as unclaimed property if the employee dies while employed. Requires a holder who holds property presumed abandoned to hold the property in trust for the benefit of the State Treasurer on behalf of the owner from and after the date the property is presumed abandoned. Requires that the State Treasurer provide written notice to a State agency and the Governor's Office of Management and Budget of property presumed to be abandoned and allegedly owned by the State agency before it can be escheated to the State's General Revenue Fund if the property remains unclaimed after one year. Creates authority for the Secretary of the Department of Financial and Professional Regulation to order a regulated person under the Act to immediately report and remit property subject to the Act if the Secretary determines that the action is necessary to protect the interest of an owner. Establishes a procedure regulating agreements between an owner or apparent owner and a finder to locate or recover property held by the State Treasurer. Requires a finder to be licensed by the State Treasurer and creates qualifications to be so licensed. Makes definitions. Makes other changes. The Treasurer is authorized to adopt rules as necessary to implement the Act. Effective immediately.

judiciary - civilassignmentsexecutive

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Bill Overview

Analyzed Economic Effects

20 provisions identified: 7 benefits, 0 costs, 13 mixed.

Consent establishes parenthood after assisted reproduction

People who consent to assisted reproduction with the intent to parent gain parental rights and duties. Consent can appear in a record signed by the birth parent and intended parent before, at, or after birth. A preconception agreement also establishes consent. Without either document, courts can find consent through living with and openly parenting the child during the first two years. Intended parents or the birth parent can seek a judgment before or after birth; pre-birth judgments take effect at birth.

Sexual assault survivors control parenting access

A person who conceived a child through qualifying sexual misconduct cannot receive parenting responsibilities or time without the birth parent's or guardian's consent. Inheritance and other rights from the child also require that consent. The restriction follows a qualifying conviction, guilty or no-contest plea, or clear and convincing evidence of nonconsensual penetration. The person still owes support, but the birth parent or guardian can decline it.

Surrogacy parents gain rights at birth

Under a substantially compliant surrogacy agreement, intended parents become the child's parents at birth; the surrogate and spouse are not parents. A separate certification route establishes parenthood at birth with the same legal force as a court judgment. Certifications cover eligibility, no surrogate or spouse gametes, physician confirmation, and lawyers' confirmation of agreement compliance. They require two qualified adult witnesses and delivery before birth to the expected hospital and Illinois Department of Public Health. Either side can seek a judgment before or after birth; with the required agreement, certifications, and court findings, judgment is due within 30 days after filing, generally without a hearing.

Surrogacy requires age and health safeguards

The surrogacy law uses gender-neutral definitions and covers only agreements entered after it took effect. At signing, intended parents must be at least 21, meet Illinois' insurance-law infertility definition, and complete a mental health evaluation. Surrogates must be at least 21, have given birth before, and complete medical and mental health evaluations. Each side needs ongoing independent Illinois legal counsel; the surrogate chooses their own lawyer. The surrogate needs major-medical and hospital insurance through the expected pregnancy and 8 weeks after birth; intended parents can obtain it.

Consent guides parentage in fertility treatment

Assisted reproduction covers pregnancy methods other than intercourse, including insemination, donation, in vitro fertilization, and embryo transfer. People consenting to assisted reproduction qualify as intended parents; both spouses in a married couple have that status. Covered parentage cases generally use a more-likely-than-not proof standard unless the law specifies another standard. An intended parent can withdraw before insemination or an embryo transfer resulting in pregnancy and is then not a resulting child's parent. Withdrawal must be written or filed in court, with notice to other participants and the clinic or providers involved.

Donors remain separate from legal parents

Egg or sperm donors are not parents of children conceived through assisted reproduction, whether donors are paid or unpaid. People recognized as parents under assisted-reproduction rules, or intended parents under surrogacy rules, are not classified as donors. DNA testing cannot establish a donor as a parent or challenge parentage established under assisted-reproduction or gestational-surrogacy law. The law also removes the old agreement-based donor child-support liability rule; that deletion alone does not state a replacement liability rule.

Equal parentage rights for Illinois children

Children have equal parentage and support rights regardless of their parents' age, marital status, gender, gender identity, or sexual orientation. Parentage can arise through birth, adoption, court decisions, signed acknowledgments, assisted reproduction, or surrogacy. Marriage, civil unions, and similar legal relationships create parentage presumptions during the relationship and within 300 days after specified endings. Another route involves being named on the birth certificate after birth with written consent. Surrogacy rules and other legal exceptions still apply.

Faster adoption confirmation for intended parents

Families using legally compliant donor-assisted reproduction or substantially compliant surrogacy can use a streamlined adoption process; courts can allow other cases. A complete petition serves as the parents' consent, with no extra consent or donor notice in donor-gamete or donor-embryo cases. Required documents include the birth certificate, supporting declaration and records, and a marriage certificate when applicable. After finding assisted reproduction, intended-parent consent, and no competing parentage claims, courts must grant adoption within 30 days or as soon as possible. Hearings, home studies, child representatives, background checks, and minimum home residency generally cannot be required without good cause explained in writing.

Binding parentage decisions and temporary support

Illinois' Department of Healthcare and Family Services can decide parentage or nonparentage through its administrative process. Those decisions have the same legal force as court judgments. Courts can order temporary child support, including against the person who gave birth, after a party requests it. The request needs clear and convincing evidence of parentage, and payments follow Illinois support guidelines. This temporary-support provision does not apply to Gestational Surrogacy Act cases.

Child protections and notice in parenthood disputes

In competing parenthood claims or disputes involving an existing legal parent, courts must weigh the child's best interests and fairness. Courts consider relationships, timing, potential harm, support, and whether denying parenthood or undoing an existing relationship is unfair. Minor or incapacitated children must have a guardian ad litem, child's representative, or lawyer. Outside Gestational Surrogacy Act cases, filers must notify people listed in the law, who have a right to join. Missing notice does not cancel the judgment, but a person entitled to notice can still bring the separate proceeding allowed by law.

Consent guides parents' stored embryo disputes

When intended parents disagree about medical use of a stored fertilized egg, their latest fertility-center informed consent controls its disposition. A qualifying marital settlement agreement can also govern. That agreement must be part of a judgment for divorce, legal separation, or civil union dissolution. These documents can limit a parent's current preferred choice.

Court review for flawed surrogacy agreements

A surrogacy agreement that falls short of substantial legal compliance still has a path to court review. Courts decide rights and duties based on the parties' intent when signing and the child's best interests. Agreement parties and anyone who was a party's spouse when it was signed can bring an enforcement case. Parties who do not join the case must receive notice.

Families gain filing options and deadlines

Children, birth parents, pregnant people, alleged or presumed parents, intended parents, and listed agencies or caregivers can bring parentage cases. Assisted-reproduction and gestational-surrogacy parentage cases can be filed in any Illinois county. Illinois courts can hear some nonresident cases based on Illinois conception, fertility procedures, birth, or surrogacy consultations, subject to interstate-support and constitutional limits. People receiving the specified parentage notice have 30 days after receipt to assert rights or request further notices; silence may bar later claims. When a public agency brings the case, it mails the notice and the clerk's mailing fee is waived.

Families gain testing rights with safeguards

Courts and expedited child-support hearing officers generally must order parentage DNA testing when a party or child requests it. A child's request requires extraordinary circumstances, proved by clear and convincing evidence, to be denied; minors and incapacitated children need representation. Adult requests can be denied when prior conduct bars denying parentage, disproving the relationship is unfair, and denial serves the child's best interests. With an existing presumed or legally established parent, results require both that parent's and the birth parent's consent, or properly ordered court testing. If a potential parent's sample is unavailable, courts can require relatives' samples after notice, joining them to the case, and finding good cause outweighing their interests. Separate evidence rules apply when an alleged genetic parent is not presumed and the birth parent is the only other claimant.

Intended parents fund lawyers and escrow

Intended parents must pay up front for the surrogate's independent Illinois lawyer. The written agreement must be signed before medical procedures, apart from eligibility evaluations. It must explain financial duties and each party's right to end the agreement, and can cover compensation and reasonable expenses. Any promised compensation must enter escrow before procedures begin. The escrow agent cannot be affiliated with either side's lawyer.

Parentage can survive intended parent's death

An intended parent's death after gamete or embryo transfer but before birth does not prevent parentage if they otherwise qualify. When death comes before transfer, intent to parent after death must be recorded or proved by clear and convincing evidence. The transfer must occur within 36 months after death. Without that intent and timely transfer, this route does not establish the deceased person's parentage.

Parents face deadlines to dispute parentage

Adults challenging presumed parentage generally have 2 years from when they knew or should have known the relevant facts. Legal disability, duress, and fraudulent concealment pause that clock; the child's own action has no such deadline. Outside challengers who neither signed an acknowledgment nor joined the original case generally have 2 years from its effective date. A court-established parent seeking DNA-based relief must file within 2 years of actual knowledge and before the child turns 18; assisted-reproduction cases are excluded. A spouse challenging assisted-reproduction parentage must file and serve the case within 2 years after birth. Separate rules govern when decisions bind children, including assisted-reproduction, genetic-evidence, and representation requirements, with an exception for adult children who start the case.

Signed forms establish parents' legal duties

Beginning January 1, 2026, valid parentage acknowledgments filed with Illinois' Department of Healthcare and Family Services carry a court judgment's legal effect. The birth parent and an alleged genetic, presumed, or intended parent can sign, gaining parental rights and duties, including support. Forms must be witnessed and signed under penalty of perjury. Social Security or tax identification numbers are required, but missing numbers do not invalidate the form. A presumed parent's valid denial, paired with a filed acknowledgment, ends that person's parental rights and duties; prior acknowledgment or court-established parentage generally bars this route.

Surrogacy parentage survives errors and separation

After a laboratory error under a qualifying surrogacy agreement, intended parents remain parents unless a court decides otherwise. This applies even without a genetic link to either intended parent or their chosen donor. Later marriage generally does not require new spousal consent or make the new spouse a parent; divorce or separation does not cancel the agreement. Recognized parents must support the child even after breaching the agreement. Challenges to qualifying surrogacies or parentage under the Act must start within 12 months after birth.

Surrogates keep control over pregnancy decisions

Surrogates keep health and pregnancy decision rights, including ending a pregnancy; agreements cannot waive or limit those rights. Courts cannot force pregnancy, abortion, or medical procedures, but can award damages or enforce qualifying parental duties after breach. Any party can end the agreement by notifying every other party in a record before embryo transfer. This also applies before another transfer if the earlier transfer caused no pregnancy; absent fraud, termination carries no penalty or preset damages. Unless the agreement says otherwise, termination releases the parties, but intended parents still owe covered expenses incurred through termination.

Sponsors & Cosponsors

Sponsors

There is no primary sponsor on record.

Cosponsors

  • Aarón M. Ortíz

    Democratic • House

  • Adriane L. Johnson

    Democratic • Senate

  • Amy Briel

    Democratic • House

  • Ann M. Williams

    Democratic • House

  • Anna Moeller

    Democratic • House

  • Anne Stava

    Democratic • House

  • Barbara Hernandez

    Democratic • House

  • Bob Morgan

    Democratic • House

  • Camille Y. Lilly

    Democratic • House

  • Celina Villanueva

    Democratic • Senate

  • Dagmara Avelar

    Democratic • House

  • Daniel Didech

    Democratic • House

  • David Koehler

    Democratic • Senate

  • Diane Blair-Sherlock

    Democratic • House

  • Don Harmon

    Democratic • Senate

  • Edgar González, Jr.

    Democratic • House

  • Elizabeth "Lisa" Hernandez

    Democratic • House

  • Eva-Dina Delgado

    Democratic • House

  • Graciela Guzmán

    Democratic • Senate

  • Gregg Johnson

    Democratic • House

  • Hoan Huynh

    Democratic • House

  • Jaime M. Andrade, Jr.

    Democratic • House

  • Jehan Gordon-Booth

    Democratic • House

  • Jennifer Gong-Gershowitz

    Democratic • House

  • Joyce Mason

    Democratic • House

  • Kam Buckner

    Democratic • House

  • Karina Villa

    Democratic • Senate

  • Kelly M. Cassidy

    Democratic • House

  • Kevin John Olickal

    Democratic • House

  • Laura Faver Dias

    Democratic • House

  • Laura Fine

    Democratic • Senate

  • Lilian Jiménez

    Democratic • House

  • Lindsey LaPointe

    Democratic • House

  • Lisa Davis

    Democratic • House

  • Marcus C. Evans, Jr.

    Democratic • House

  • Margaret Croke

    Democratic • House

  • Martha Deuter

    Democratic • House

  • Mary Beth Canty

    Democratic • House

  • Mary Edly-Allen

    Democratic • Senate

  • Maura Hirschauer

    Democratic • House

  • Michael Crawford

    Democratic • House

  • Michael W. Halpin

    Democratic • Senate

  • Michelle Mussman

    Democratic • House

  • Mike Simmons

    Democratic • Senate

  • Nicolle Grasse

    Democratic • House

  • Norma Hernandez

    Democratic • House

  • Robert Peters

    Democratic • Senate

  • Robyn Gabel

    Democratic • House

  • Sara Feigenholtz

    Democratic • Senate

  • Sharon Chung

    Democratic • House

  • Theresa Mah

    Democratic • House

  • Tracy Katz Muhl

    Democratic • House

  • Will Guzzardi

    Democratic • House

Roll Call Votes

All Roll Calls

Yes: 452 • No: 227

Senate vote • 10/29/2025

Accept Amendatory Veto - Senate Passed

Yes: 38 • No: 16

House vote • 10/15/2025

Amendatory Veto Motion - Motion Prevailed

Yes: 74 • No: 38

House vote • 10/14/2025

Amendatory Veto Motion - Accept Motion Recommends Be Adopted Rules Committee;

Yes: 5 • No: 0

House vote • 5/31/2025

Senate Committee Amendment No. 1 House Concurs

Yes: 77 • No: 40

House vote • 5/31/2025

Senate Floor Amendment No. 2 House Concurs

Yes: 77 • No: 40

House vote • 5/30/2025

Senate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Judiciary - Civil Committee;

Yes: 13 • No: 7

House vote • 5/30/2025

Senate Floor Amendment No. 2 Motion to Concur Recommends Be Adopted Judiciary - Civil Committee;

Yes: 13 • No: 7

Senate vote • 5/29/2025

Third Reading - Passed;

Yes: 36 • No: 19

Senate vote • 5/28/2025

Senate Floor Amendment No. 2 Recommend Do Adopt Executive;

Yes: 9 • No: 4

Senate vote • 5/15/2025

Do Pass as Amended Executive;

Yes: 9 • No: 4

House vote • 4/10/2025

Third Reading - Short Debate - Passed

Yes: 75 • No: 38

House vote • 4/9/2025

House Floor Amendment No. 3 Recommends Be Adopted Judiciary - Civil Committee;

Yes: 13 • No: 7

House vote • 3/19/2025

Do Pass as Amended / Short Debate Judiciary - Civil Committee;

Yes: 13 • No: 7

Actions Timeline

  1. Public Act . . . . . . . . . 104-0448

    12/12/2025House
  2. Effective Date January 1, 2026; some provisions

    12/12/2025House
  3. Effective Date December 12, 2025; some provisions

    12/12/2025House
  4. Governor Certifies Changes

    12/12/2025House
  5. Sent to the Governor

    11/21/2025House
  6. Both Houses Accepted Amendatory Veto

    10/29/2025House
  7. 3/5 Vote Required

    10/29/2025Senate
  8. Accept Amendatory Veto - Senate Passed 038-016-000

    10/29/2025Senate
  9. Amendatory Veto Motion - Approved for Consideration Assignments

    10/28/2025Senate
  10. Amendatory Veto Motion - Motion Referred to Assignments

    10/28/2025Senate
  11. Amendatory Veto Motion - Motion Filed Accept Amendatory Veto Sen. Don Harmon

    10/28/2025Senate
  12. Placed on Calendar Amendatory Veto October 28, 2025

    10/15/2025Senate
  13. Amendatory Veto Motion - Motion Prevailed 074-038-000

    10/15/2025House
  14. 3/5 Vote Required

    10/15/2025House
  15. Amendatory Veto Motion - Accept Motion Recommends Be Adopted Rules Committee; 005-000-000

    10/14/2025House
  16. Amendatory Veto Motion - Motion Referred to Rules Committee

    10/14/2025House
  17. Amendatory Veto Motion - Motion Filed Accept Amendatory Veto Rep. Tracy Katz Muhl

    10/14/2025House
  18. Placed on Calendar Amendatory Veto

    10/14/2025House
  19. Governor Amendatory Veto

    8/8/2025House
  20. Sent to the Governor

    6/9/2025House
  21. Added Co-Sponsor Rep. Martha Deuter

    5/31/2025House
  22. Passed Both Houses

    5/31/2025House
  23. House Concurs

    5/31/2025House
  24. Senate Floor Amendment No. 2 House Concurs 077-040-000

    5/31/2025House
  25. Senate Committee Amendment No. 1 House Concurs 077-040-000

    5/31/2025House

Bill Text

  • Amendatory Veto Motion 001

  • Engrossed

  • Enrolled

  • House Amendment 1

  • House Amendment 2

  • House Amendment 3

  • Introduced

  • Re-Enrolled

  • Senate Amendment 1

  • Senate Amendment 2

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