HB4349 104TH GENERAL ASSEMBLY

LRB104 17689 JRC 31120 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4349

Introduced 1/14/2026, by Rep. Dan Ugaste

SYNOPSIS AS INTRODUCED:

750 ILCS 46/703
750 ILCS 47/20
750 ILCS 47/25-1 new
815 ILCS 540/20-1 new

Amends the Parentage Act of 2015. Requires any individual who is an intended parent to undergo and pass a comprehensive criminal background check and screening before any insemination or embryo transfer. Provides that failure to do so waives any presumption that the person is the legal parent of any resulting child born through assisted reproduction. Prohibits an individual who is an intended parent from becoming the legal parent of a child resulting from the use of assisted reproduction if the intended parent has been convicted of or pleaded guilty to or nolo contendere to a list of criminal offenses. Makes the same changes to the Gestational Surrogacy Act. Amends the Illinois Fertility Fraud Act. Creates a cause of action against a health care provider by a child born as a result of assisted reproductive treatment if the health care provider failed to conduct a comprehensive criminal background check and screening of the child's intended parents that would have revealed that the intended parent had been convicted of or pled guilty to or nolo contendere to any specified violations and that child later suffered sexual abuse or sexual assault by that intended parent.

A BILL FOR

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Parentage Act of 2015 is amended by changing Section 703 as follows:

(750 ILCS 46/703)

Sec. 703. Parentage of child of assisted reproduction.

(a) An individual who consents under this Section to assisted reproduction with the intent to be a parent of a child conceived by assisted reproduction is a parent of the child.

(a-1) Any individual who is an intended parent must undergo and pass a comprehensive criminal background check and screening as described in this Section before any insemination or embryo transfer. Failure to do so waives any presumption that the person is the legal parent of any resulting child born through assisted reproduction.

(a-2) A comprehensive criminal background check and screening for intended parents must include, but is not limited to, the following:

(1) a criminal history check by fingerprints of the person that are submitted to the Illinois State Police and the Federal Bureau of Investigation for comparison to their criminal history records or the National Crime Information Database, when applicable;

(2) a check of the child abuse and neglect tracking system and other State child protection systems, or the national registry, as appropriate, to determine whether an individual is currently alleged or has been indicated as a perpetrator of child abuse or neglect; and

(3) a check of the Illinois Sex Offender Registry and the National Sex Offenders Registry, as appropriate.

For intended parents who resided in another state in the preceding 10 years, the screening also must include a check of that other state's child abuse and neglect registry and the National Sex Offender Registry.

(b) The consent described in subsection (a) must be either of the following:

(1) in a record signed before, on, or after the birth of the child by the woman or individual who gave birth to the child and by an individual who intends to be a parent of the child; an acknowledgment of parentage under Section 301 is a record within the meaning of this subsection; or

(2) in an agreement entered into before conception that the woman or individual who gave birth to the child and the individual who intends to be a parent of the child intended they both would be a parent of the child.

Failure to consent as required by paragraph (1) or (2) of subsection (b) does not preclude a court from finding consent to parent if the individual for the first 2 years of the child's life, including any period of temporary absence, resided in the same household with the child and openly held out the child as the individual's child.

(c) An individual who is an intended parent or the woman or individual who gave birth to the child may bring a proceeding for a judgment of parentage before or after the birth of the child. If the court finds that the individual who did not give birth consented under subsection (b) of this Section, the court shall enter a judgment of parentage declaring the individual to be the parent.

(d) The woman or individual who will give or who gave birth to the child or an individual who is or claims to be a parent under this Section may commence an action before or after the birth of a child to obtain a judgment to declare that the intended parent or parents are the parent or parents of the resulting child immediately on birth of the child and order that parental rights and responsibilities vest exclusively in the intended parent or parents immediately on birth of the child. A judgment issued before the birth of the resulting child takes effect on the birth of the resulting child. The State, the Department, and the hospital where the child is or is expected to be born are not necessary parties to an action under this Section.

(e) Notwithstanding any other provision of this Act or law, no individual who is an intended parent who has been convicted of or who has pled guilty to or nolo contendere to a violation of the following offenses under the Criminal Code of 1961 or the Criminal Code of 2012, or a similar statute in another jurisdiction, may be the legal parent of any resulting child from the use of assisted reproduction:

(1) first degree murder in violation of paragraph (1) or (2) of subsection (a) of Section 9-1 of the Criminal Code of 1961 or the Criminal Code of 2012 or conviction of second degree murder in violation of subsection (a) of Section 9-2 of the Criminal Code of 1961 or the Criminal Code of 2012 of a parent of the child to be adopted;

(2) first degree murder or second degree murder of any child in violation of the Criminal Code of 1961 or the Criminal Code of 2012;

(3) attempt or conspiracy to commit first degree murder of any child in violation of the Criminal Code of 1961 or the Criminal Code of 2012;

(4) solicitation to commit murder of any child, solicitation to commit murder of any child for hire, or solicitation to commit second degree murder of any child in violation of the Criminal Code of 1961 or the Criminal Code of 2012;

(5) predatory criminal sexual assault of a child in violation of Section 11-1.40 or 12-14.1 of the Criminal Code of 1961 or the Criminal Code of 2012;

(6) heinous battery of any child in violation of the Criminal Code of 1961;

(7) aggravated battery of any child in violation of the Criminal Code of 1961 or the Criminal Code of 2012;

(8) any violation of Section 11-1.20 or Section 12-13 of the Criminal Code of 1961 or the Criminal Code of 2012;

(9) any violation of subsection (a) of Section 11-1.50 or Section 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012;

(10) any violation of Section 11-9.1 of the Criminal Code of 1961 or the Criminal Code of 2012;

(11) any violation of Section 11-9.1A of the Criminal Code of 1961 or the Criminal Code of 2012; or

(12) an offense in any other state the elements of which are similar and bear a substantial relationship to any of the enumerated offenses in this subsection.

(Source: P.A. 104-448, eff. 12-12-25.)

Section 10. The Gestational Surrogacy Act is amended by changing Sections 20 and 25 and by adding Section 25-1 as follows:

(750 ILCS 47/20)

Sec. 20. Eligibility.

(a) A gestational surrogate shall be deemed to have satisfied the eligibility requirements of this Act if, at the time the gestational surrogacy agreement is executed, the gestational surrogate:

(1) is at least 21 years of age;

(2) has given birth to at least one child;

(3) has completed a medical evaluation;

(4) has completed a mental health evaluation;

(5) has had and will have ongoing legal representation by independent counsel, licensed in Illinois and chosen by the surrogate, throughout the course of the gestational surrogacy arrangement regarding the terms of the gestational surrogacy agreement and the potential consequences of the gestational surrogacy; and

(6) has obtained a health insurance policy that covers major medical treatments and hospitalization and the health insurance policy has a term that extends throughout the duration of the expected pregnancy and for 8 weeks after the birth of the child; provided, however, that the policy may be procured by the intended parents on behalf of the gestational surrogate pursuant to the gestational surrogacy agreement.

(b) The intended parent or parents shall be deemed to have satisfied the eligibility requirements of this Act if, at the time the gestational surrogacy agreement is executed, the intended parent or parents:

(1) is at least 21 years of age;

(2) are experiencing infertility as defined in subsection (c) of Section 356m of the Illinois Insurance Code;

(3) have completed a mental health evaluation; and

(4) has had and will have ongoing legal representation by independent counsel, licensed in Illinois, throughout the course of the gestational surrogacy arrangement regarding the terms of the gestational surrogacy agreement and the potential legal consequences of the gestational surrogacy; and .

(5) he, she, or they have undergone and passed a comprehensive criminal background check and screening as described in Subsection (c) before the commencement of any medical procedures (other than medical or mental health evaluations necessary to determine eligibility of the parties under Section 20 of this Act).

(c) A comprehensive criminal background check and screening for intended parents must include, but is not limited to, the following:

(1) a criminal history check by fingerprints of the person that are submitted to the Illinois State Police and the Federal Bureau of Investigation for comparison to their criminal history records or the National Crime Information Database, when applicable;

(2) a check of the child abuse and neglect tracking system and other state child protection systems, or the national registry, as appropriate, to determine whether an individual is currently alleged or has been indicated as a perpetrator of child abuse or neglect; and

(3) a check of the Illinois Sex Offender Registry and the National Sex Offenders Registry, as appropriate.

(Source: P.A. 104-448, eff. 12-12-25.)

(750 ILCS 47/25-1 new)

Sec. 25-1. Grounds for disqualification of intended parents.

(a) Any individual who is an intended parent and refuses to undergo a comprehensive criminal background check and screening as described in Section 20 shall be deemed not to have satisfied and met the eligibility requirements of this Act.

(b) In addition, any individual who is an intended parent and has been convicted of or who has pled guilty to or nolo contendere to a violation of the following offenses under the Criminal Code of 1961 or the Criminal Code of 2012, or a similar statute in another jurisdiction, is deemed not to have satisfied and met the eligibility requirements of this Act:

(1) first degree murder in violation of paragraph (1) or (2) of subsection (a) of Section 9-1 of the Criminal Code of 1961 or the Criminal Code of 2012 or conviction of second degree murder in violation of subsection (a) of Section 9-2 of the Criminal Code of 1961 or the Criminal Code of 2012 of a parent of the child to be adopted;

(2) first degree murder or second degree murder of any child in violation of the Criminal Code of 1961 or the Criminal Code of 2012;

(3) attempt or conspiracy to commit first degree murder or second degree murder of any child in violation of the Criminal Code of 1961 or the Criminal Code of 2012;

(4) solicitation to commit murder of any child, solicitation to commit murder of any child for hire, or solicitation to commit second degree murder of any child in violation of the Criminal Code of 1961 or the Criminal Code of 2012;

(5) predatory criminal sexual assault of a child in violation of Section 11-1.40 or 12-14.1 of the Criminal Code of 1961 or the Criminal Code of 2012;

(6) heinous battery of any child in violation of the Criminal Code of 1961;

(7) aggravated battery of any child in violation of the Criminal Code of 1961 or the Criminal Code of 2012;

(8) any violation of Section 11-1.20 or Section 12-13 of the Criminal Code of 1961 or the Criminal Code of 2012;

(9) any violation of subsection (a) of Section 11-1.50 or Section 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012;

(10) any violation of Section 11-9.1 of the Criminal Code of 1961 or the Criminal Code of 2012;

(11) any violation of Section 11-9.1A of the Criminal Code of 1961 or the Criminal Code of 2012; or

(12) an offense in any other state the elements of which are similar and bear a substantial relationship to any of the enumerated offenses in this subsection.

Section 15. The Illinois Fertility Fraud Act is amended by adding Section 20-1 as follows:

(815 ILCS 540/20-1 new)

Sec. 20-1. Negligent failure to screen intended parents. A child born as a result of assisted reproductive treatment may bring an action against any health care provider that:

(1) failed to conduct a comprehensive criminal background check and screening of the child's intended parents as required by Section 703 of the Illinois Parentage Act of 2015 that would have revealed that the intended parent had been convicted of or pled guilty to or nolo contendere to any of the violations described in that Section; and

(2) that child later suffered sexual abuse or sexual assault by that intended parent.