Requirements for a gestational surrogacy agreement

(750 ILCS 47/25)     Sec. 25. Requirements for a gestational surrogacy agreement.     (a) (Blank).     (b) A gestational surrogacy agreement shall meet the following requirements:         (1) it shall be in writing;         (2) it shall be executed prior to the commencement of     any medical procedures (other than medical or mental health evaluations necessary to determine eligibility of the parties pursuant to Section 20 of this Act) in furtherance of the gestational surrogacy:            (i) by a gestational surrogate meeting the         eligibility requirements of subsection (a) of Section 20 of this Act and, if married, the gestational surrogate's spouse; and            (ii) by the intended parent or parents meeting         the eligibility requirements of subsection (b) of Section 20 of this Act. In the event an intended parent is married, both the intended parent and spouse must execute the gestational surrogacy agreement;        (3) each of the gestational surrogate and the     intended parent or parents shall have been represented by independent legal counsel licensed in Illinois regarding the terms of the gestational surrogacy agreement and the potential legal consequences of the gestational surrogacy;        (3.5) it shall indicate that each party has received     information about the legal, financial, and contractual rights, expectations, penalties, and obligations of the surrogacy agreement;        (4) it shall require the intended parent or parents     to pay for independent legal representation for the surrogate;         (5) if the gestational surrogacy agreement provides     for the payment of compensation to the gestational surrogate, the compensation shall have been placed in escrow with an escrow agent that is independent of and is not affiliated with either the intended parents' attorney or the gestational surrogate's attorney and that is bonded prior to the gestational surrogate's commencement of any medical procedure (other than medical or mental health evaluations necessary to determine the gestational surrogate's eligibility pursuant to subsection (a) of Section 20 of this Act). The independent escrow agent must hold a minimum bond of no less than $1,000,000; and        (6) it shall be witnessed by 2 competent adults or     shall be notarized consistent with Illinois law.    (b-5) A gestational surrogacy agreement may provide for the payment of compensation and reasonable expenses.     (c) A gestational surrogacy agreement shall provide for:         (1) the express written agreement of the gestational     surrogate to:            (i) undergo pre-embryo transfer and attempt to         become pregnant and give birth to the child; and            (ii) surrender custody of the child to the         intended parent or parents immediately upon the birth of the child;        (2) if the gestational surrogate is married, the     express agreement of the gestational surrogate's spouse to:            (i) undertake the obligations imposed on the         gestational surrogate pursuant to the terms of the gestational surrogacy agreement;            (ii) surrender custody of the child to the         intended parent or parents immediately upon the birth of the child;        (3) the right of the gestational surrogate to utilize     the services of a physician of the gestational surrogate's choosing to provide the gestational surrogate with care during the pregnancy;        (4) the express written agreement of the intended     parent or parents to:            (i) accept custody of the child immediately upon         the child's birth; and            (ii) assume sole responsibility for the support         of the child immediately upon the child's birth;        (5) the right of the gestational surrogate to make     all health and welfare decisions regarding the surrogate and the pregnancy, except that this Act does not enlarge or diminish the surrogate's right to terminate their pregnancy, and any written or oral agreement purporting to waive or limit these rights shall be void as against public policy;        (6) the disclosure of all intended parent's financial     obligations with regard to the gestational surrogate, including compensation and expenses; and         (7) the inclusion of information about each party's     right under this Act to terminate the surrogacy agreement.     (d) (Blank).     (e) (Blank). (Source: P.A. 104-403, eff. 1-1-26; 104-448, eff. 12-12-25; 104-852, eff. 8-21-26.)