Illinois Compiled Statutes - Full Text

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Illinois Compiled Statutes - Full Text

Illinois Compiled Statutes (ILCS)

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750 ILCS 47/55

    (750 ILCS 47/55)
    Sec. 55. Damages.
    (a) Except as expressly provided in the gestational surrogacy agreement or in subsection (b), if the agreement is breached by the gestational surrogate or one or more intended parents, the non-breaching party is entitled to the remedies available at law or in equity.
    (b) The breach of the gestational surrogacy agreement by one or more intended parents does not relieve the intended parent of the support obligations imposed by the parent and child relationship under this Act.
    (c) Specific performance is not a remedy available for breach by a gestational surrogate of provision in the agreement that the gestational surrogate be impregnated, terminate a pregnancy, or submit to medical procedures.
    (d) Except as otherwise provided in subsection (c), if an intended parent is determined to be a parent of the child, specific performance is a remedy available for either of the following:
        (1) Breach of the gestational surrogacy agreement by
    
a gestational surrogate that prevents an intended parent from exercising the full rights of parentage immediately upon birth of the child.
        (2) Breach of the gestational surrogacy agreement by
    
an intended parent that prevents the intended parent's acceptance of the duties of parentage immediately upon birth of the child.
(Source: P.A. 104-448, eff. 12-12-25.)