Sen. John G. Mulroe
Filed: 5/13/2016
 
 

 

 

 
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1
AMENDMENT TO HOUSE BILL 3898 




2    AMENDMENT NO. ______. Amend House Bill 3898, AS AMENDED, 
3with reference to page and line numbers of Senate Amendment No. 
41, on page 111, by inserting immediately below line 17 the 
5following:

 
6    "(750 ILCS 46/710 new)
7    Sec. 710. Applicability. This Article applies only to 
8assisted reproductive arrangements or gestational surrogacy 
9contracts entered into after the effective date of this 
10amendatory Act of the 99th General Assembly.
 
11    Section 12. The Gestational Surrogacy Act is amended  by 
12changing Sections 20 and 70 as follows:
 
13    (750 ILCS 47/20)

14    Sec. 20. Eligibility. 
15    (a) A gestational surrogate shall be deemed to have

 
 
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1satisfied the requirements of this Act if she has met the

2following requirements at the time the gestational
surrogacy 
3contract is executed:
4        (1) she is at least 21 years of age;
5        (2) she has given birth to at least one child;
6        (3) she has completed a medical evaluation;
7        (4) she has completed a mental health evaluation;
8        (5) she has undergone legal consultation with 
9    independent legal counsel regarding the terms of the 
10    gestational surrogacy contract and the potential legal 
11    consequences of the gestational surrogacy; and
12        (6) she has obtained a health insurance policy that 
13    covers major medical treatments and hospitalization and 
14    the  health insurance policy has a term that extends 
15    throughout the duration of the expected pregnancy and for 8 
16    weeks after the birth of the child; provided, however, that 
17    the policy may be procured by the intended parents on 
18    behalf of the gestational surrogate pursuant to the 
19    gestational surrogacy contract.
20    (b) The intended parent or parents shall be deemed to have 
21satisfied the requirements of this Act if he, she, or they have 
22met the following requirements at the time the gestational 
23surrogacy contract is executed:
24        (1) he, she, or they contribute at least one of the 
25    gametes resulting in a pre-embryo that the gestational 
26    surrogate will attempt to carry to term;
 
 
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1        (2) he, she, or they have a medical need for the 
2    gestational surrogacy as evidenced by a qualified 
3    physician's affidavit attached to the gestational 
4    surrogacy contract and as required by the Illinois 
5    Parentage Act of 2015 1984;
6        (3) he, she, or they have completed a mental health 
7    evaluation; and
8        (4) he, she, or they have undergone legal consultation 
9    with independent legal counsel regarding the terms of the 
10    gestational surrogacy contract and the potential legal 
11    consequences of the gestational surrogacy.

12(Source: P.A. 93-921, eff. 1-1-05.)
 
13    (750 ILCS 47/70)

14    Sec. 70. Irrevocability. No action to invalidate a 
15gestational surrogacy meeting the requirements of subsection 
16(d) of Section 15 of this Act or to challenge the rights of 
17parentage established pursuant to Section 15 of this Act and 
18the Illinois Parentage Act  of 2015 1984 shall be commenced 
19after 12 months from the date of birth of the child.

20(Source: P.A. 93-921, eff. 1-1-05.)".