For same-sex couples hoping to start the journey of parenthood in Illinois, the process can seem intimidating from both biological and legal points of view. Assisted reproductive technology (ART) can help both same-sex couples and opposite-sex couples achieve their dreams of becoming parents.
Illinois law protects the rights of same-sex couples to start a family through gamete donation and gestational surrogacy, and a lawyer with experience in this area can help make sure all legal requirements are met.
Assisted reproductive technology (ART) includes fertility procedures such as in vitro fertilization (IVF), egg and embryo freezing, and surrogacy using your own eggs and sperm or that of a donor. A surrogate, also known as a gestational carrier, can carry a child to term for those who are otherwise unable or unwilling to do so. This can include both same-sex couples and women with health concerns involving pregnancy.
Surrogacy is the path for many LGBTQIA+ couples to build a family in Illinois, beginning with IVF – where an egg is fertilized with donor sperm in a clinical setting. Once embryos are successfully created through IVF, they will be implanted into a gestational carrier (surrogate). As part of this process, all parties will enter into a surrogacy contract that defines the rights and responsibilities of all involved, and will also protect the parental rights of the same-sex parents.
Illinois law protects the legal rights of same-sex couples to start a family. Through the Illinois Gestational Surrogacy Act, surrogacy contracts are legally protected and enforceable. Intended parents are not required to be genetically related to a child born through ART procedures. The Gestational Surrogacy Act protects the rights of parents whether they are married, unmarried, or in a same-sex relationship.
Intended parents must meet the following requirements under the Gestational Surrogacy Act:
Prospective parents using assisted reproductive technology should consult with a reproductive law attorney. They will need to obtain competent legal counsel to prepare or review the appropriate contracts to ensure their legal parentage. This is true for both same-sex and opposite-sex couples.
In addition to meeting certain legal requirements, a lawyer can help answer questions, ease concerns about the process, and address any potential legal issues that might come up in the future. Surrogacy contracts and other legal agreements are required to ensure a same-sex couple has their parental rights in place and avoids future surprises.
If you and your partner hope to start a family, you will have many questions about what is involved. Reproductive technology can help same-sex couples become parents, and an experienced Illinois lawyer can also help make those dreams a reality. To learn more about your options, contact TR Law Offices to schedule a consultation with Attorney Robins.
