Illinois Compiled Statutes - Full Text

Illinois Compiled Statutes (ILCS)

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750 ILCS 46/703

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