Illinois Compiled Statutes - Full Text

  1. Home
  2. Legislation
  3. Illinois Compiled Statutes

Illinois Compiled Statutes - Full Text

Illinois Compiled Statutes (ILCS)

Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.


750 ILCS 47/15

    (750 ILCS 47/15)
    Sec. 15. Rights of Parentage.
    (a) Except as provided in this Act, the woman who gives birth to a child is presumed to be the mother of that child for purposes of State law.
    (b) In the case of a gestational surrogacy satisfying the requirements set forth in subsection (d) of this Section:
        (1) the intended mother shall be the mother of the
    
child for purposes of State law immediately upon the birth of the child;
        (2) the intended father shall be the father of the
    
child for purposes of State law immediately upon the birth of the child;
        (3) the child shall be considered the legitimate
    
child of the intended parent or parents for purposes of State law immediately upon the birth of the child;
        (4) parental rights shall vest in the intended parent
    
or parents immediately upon the birth of the child;
        (5) sole custody of the child shall rest with the
    
intended parent or parents immediately upon the birth of the child; and
        (6) neither the gestational surrogate nor her
    
husband, if any, shall be the parents of the child for purposes of State law immediately upon the birth of the child.
    (c) In the case of a gestational surrogacy meeting the requirements set forth in subsection (d) of this Section, in the event of a laboratory error in which the resulting child is not genetically related to either of the intended parents, the intended parents will be the parents of the child for purposes of State law unless otherwise determined by a court of competent jurisdiction.
    (d) The parties to a gestational surrogacy shall assume the rights and obligations of subsections (b) and (c) of this Section if:
        (1) the gestational surrogate satisfies the
    
eligibility requirements set forth in subsection (a) of Section 20;
        (2) the intended parent or parents satisfy the
    
eligibility requirements set forth in subsection (b) of Section 20; and
        (3) the gestational surrogacy occurs pursuant to a
    
gestational surrogacy contract meeting the requirements set forth in Section 25.
(Source: P.A. 93-921, eff. 1-1-05.)