In 2025, Illinois expanded on its parentage laws by adopting the Equality for Every Family Act. This legislation updated the Illinois Parentage Act to better address the reality of what modern families look like.
The changes in the law are designed to remove outdated assumptions about gender and simplify the process for parents and surrogates alike. Keep reading as we explore the recent changes to the Illinois Parentage Act.
What Is the Equality for Every Family Act?
The Equality for Every Family Act emphasizes equal treatment for all families, regardless of gender, sexual orientation, or marital status.
The law builds on the Illinois Parentage Act by broadening rights and addressing outdated language. Primarily, it addresses outdated language that ties parenthood to gender-based terminology and expands protections for non-traditional parents and for parents who are not genetically related to their child. It also provides a path to parentage for parents who have not strictly complied with the Act. And, importantly, under the new law, all parties engaged in a surrogacy relationship in Illinois need to be represented by an Illinois licensed attorney.
How Was the Illinois Parentage Act Affected?
The Act introduced meaningful updates to the Illinois Parentage Act, which updates how the law treats surrogates and parents using assisted reproductive technology. Some of the major changes include the following:
Expanded Presumptions of Parentage
One of the most significant changes involves the presumptions of parentage. In the past, these presumptions involved traditional marital roles and were written in gendered terms that were out of touch with some relationships today. The updated law uses gender-neutral language (no longer “mothers” and “fathers”) and broadens the circumstances under which a person may be presumed to be a parent.
Under the new law, parties do not need a “medical need,” as they did under the old law. Now, the intended parents only need to show they meet the definition of infertile adopted by the American Society of Reproductive Medicine (ASRM), which includes people who are unable to achieve pregnancy without medical intervention (i.e., single parents or same-sex couples).
Recognition of Intended Parentage
The updated version of the Illinois Parentage Act is focused on the intent of the involved parties. When people enter into assisted reproduction arrangements with the intent to parent a child, Illinois law now allows two people to express their intention to act as parents before the child is even born.
Streamlined Voluntary Acknowledgments of Parentage
The Act also modernized voluntary acknowledgment procedures, which can impact parents in a variety of circumstances. In many cases, parents can establish legal parentage without litigation by signing the appropriate acknowledgment forms.
Stronger Protections in Assisted Reproduction
Assisted reproductive technology plays a bigger role in family planning now more than ever before, and the updated act reinforces the rights of donors. As long as donors follow the appropriate steps, they cannot be held responsible for future child support.
Learn More About Recent Updates to the Illinois Parentage Act
The changes recently driven by the Equality for Every Family Act have clarified the rights of parents and donors across the state. By adding more inclusive language and robust protections for donors and prospective parents alike, this act offers significant benefits while avoiding substantial red tape.
If you have questions about recent changes to the Illinois Parentage Act or are considering the use of assisted reproduction technology, TR Law Offices is here to help. Reach out for a confidential consultation as soon as possible.
