How to Become a Surrogate in Illinois

Why Illinois is a clear state for surrogates

Illinois passed the Gestational Surrogacy Act in 2004 and it took effect on January 1, 2005. Three things make it work well for a surrogate:

• The statute spells things out. 750 ILCS 47 lists who can be a surrogate, who can be an intended parent, and what the contract has to contain. That leaves less to argue about and less to a judge's mood.
• Parentage before birth, usually without court. When the Act's requirements are met, the intended parents are the legal parents at birth. Attorneys file certifications ahead of delivery; in most journeys nobody goes to court.
• All family types. The Act defines "intended parent" without any marriage requirement. Married, unmarried, same-sex, single — all covered, as long as at least one intended parent contributes a gamete.

One thing Illinois is not: a no-tax state. Illinois taxes income at a flat 4.95%, and surrogate compensation isn't exempt. We give you the real math below.

Illinois surrogate requirements

Illinois is unusual in that several requirements come straight from the statute (750 ILCS 47/20), not just agency policy. The full surrogate requirements guide explains the reasoning behind each item; here's the Illinois list:

• At least 21 years oldIn the Act. Agencies usually cap first journeys at 39, some extend to 42 for experienced surrogates.
• Have given birth to at least one childIn the Act.
• Complete a medical evaluationIn the Act.
• Complete a mental-health evaluationIn the Act.
• Have your own attorneyIn the Act — independent legal consultation before signing. Paid by the intended parents.
• Hold a health insurance policy covering major medical care and hospitalizationIn the Act. Agencies arrange a surrogacy-specific policy if yours won't cover the pregnancy.
• BMI under 32Agency and clinic policy; a few clinics accept up to 34.
• Raising at least one child of your ownAgency policy.
• Non-smoker, no drug use, no alcohol misuseAgency policy.
• Financially stable — not currently receiving cash public assistance (TANF)Agency policy.
• A partner, family member, or friend who backs your decisionAgency policy.

You may see older pages claim the Act requires you to prove you're "not doing this for financial need." It doesn't. There is no such test in 750 ILCS 47.

Illinois surrogacy law at a glance

The Illinois surrogacy legal process

1. Eligibility. You meet the 47/20 list above. The intended parents must also meet theirs, including a doctor's finding of medical need and at least one of them contributing a gamete.
2. Independent attorneys. You and the intended parents each have your own lawyer. The Act requires it; the intended parents pay.
3. Gestational surrogacy contract. In writing, signed by everyone, and witnessed (47/25). It covers medical decisions, compensation, insurance, and what happens if plans change. It's signed before any medications start.
4. Screening and transfer. At the intended parents' clinic — usually in the Chicago area, sometimes out of state.
5. Before birth. The attorneys and the clinic complete certifications under 47/15 confirming the Act's requirements were met. Those go to the hospital and the Department of Public Health so the intended parents' names go on the birth certificate.
6. Delivery. The hospital treats the intended parents as the legal parents. No adoption, and in most cases no court hearing. A court order is only needed if something about the arrangement falls outside the Act — your attorney will know.

Why Illinois contracts close in 4–6 weeks

Illinois contracts tend to move faster than in case-law states, and it's not magic. The Act tells attorneys what has to be in the contract, so most start from a well-worn template and negotiate the personal terms — bed-rest pay, communication expectations, travel — rather than the legal structure. There's no court filing to wait on before transfer. And because parentage is set by certification rather than a petition, there's no second legal phase mid-pregnancy. Four to six weeks from first draft to signed contract is typical; a complicated insurance situation is the usual reason it runs longer.

Illinois surrogate compensation

Two numbers, and they're different. Base pay is guaranteed and paid in installments once a heartbeat is confirmed. Typical total adds allowances and contingent fees that only pay if something happens — a transfer attempt, a C-section, twins, bed rest. Here's Illinois against the national partner range:

See how Illinois compares to every state, and how a package is built for what each line means.

The honest Illinois tax picture

Your Illinois partner agency

Family Makers Surrogacy (Atlanta) works with surrogates in every state except Texas, Louisiana, Nebraska, and New York — including Illinois. It's the agency in our network with the most Midwest journeys.

There's no in-state partner agency headquartered in Illinois. In practice that matters less than it sounds: your attorney, your clinic, and your hospital are all local, and the agency's job is coordination and escrow.

Chicago and the rest of Illinois

Most of Illinois' population, most of its fertility clinics, and most of its surrogacy activity sit in one metro area. Where you live changes your logistics:

• Chicago and the collar counties (Cook, DuPage, Lake, Will, Kane). Clinics are close, monitoring is usually a short drive, and the hospitals have handled surrogate births many times. Winter is the main planning issue: early-morning monitoring in January on the Kennedy is its own kind of commitment.
• Rockford, Peoria, Bloomington-Normal, Champaign. Local OB care is fine once you're pregnant, but screening and transfer usually mean a trip to Chicago. The agency pays travel and mileage.
• Springfield and southern Illinois. St. Louis is closer than Chicago for many. If your transfer happens in Missouri but you deliver in Illinois, the Illinois Act still governs the birth — ask your attorney how the paperwork is handled across the line.

Fertility clinics in Illinois

The intended parents' clinic is where your screening and transfer happen; you don't choose it. Two long-established Chicago-area programs are Fertility Centers of Illinois (multiple locations) and Northwestern Medicine's fertility program (Chicago). Ask the agency which clinics they work with most and how far you'd travel for monitoring.

Typical Illinois timeline

1. Months 0–3

   Application and screening

   Application, records, background check, then the medical and mental-health evaluations the Act requires. Two to three months.

2. Months 3–6

   Matching

   One to four months, depending on your preferences and the pool of intended parents.

3. Months 6–7

   Legal contract

   Four to six weeks with your own attorney. The Act's checklist keeps this short.

4. Months 7–9

   Medications and transfer

   One to two months. Often more than one attempt; each pays a transfer fee.

5. Months 9–18

   Pregnancy

   Base pay in monthly installments after heartbeat. Certifications filed before delivery; usually no court date.

6. +1–2 months

   Delivery and postpartum

   Final payment, recovery. The intended parents are on the birth certificate from the start.

Total: roughly 15–19 months for a first journey. Illinois' clear statute keeps the contract phase short compared with case-law states.

What Illinois surrogates wish they'd known

• Illinois taxes your pay. Anyone who told you otherwise was wrong. Budget 4.95% for the state on top of federal.
• The insurance requirement is real. The Act requires a policy covering major medical care and hospitalization. If your plan excludes surrogacy, the agency buys a policy for the journey — confirm who pays before you sign.
• You probably won't see a courtroom. Certifications do the work. If you're told a hearing is needed, ask your attorney why.
• Base pay starts after heartbeat, not after signing. Between contract and heartbeat you receive allowances and transfer fees, not base. Budget for the gap.
• You should never be out of pocket. Family Makers reports $0 out-of-pocket for approved expenses. If a bill lands on you, call your coordinator the same day.

Frequently asked questions