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Surrogacy Contracts

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WHAT IS A SURROGACY CONTRACT?

Generally speaking, there are two types of surrogacy. Those being traditional and gestational surrogacy.

In traditional surrogacy, the surrogate mother is artificially inseminated by either the intended father or through anonymous donation, and caries the baby to term. Traditional surrogacy results in the child being genetically related to the surrogate mother and the biological father. Traditional surrogacy tends to be the more controversial of the two forms in part due to the biological relationship with the surrogate mother. Due to this biological relationship complications can arise if the validity of the surrogacy agreement or parental rights are challenged.

In gestational surrogacy an egg is collected from the intended mother or an anonymous egg donation and is fertilized with the sperm of the intended father or anonymous sperm donation. The then fertilized egg is placed in the surrogate who carries the baby to term. Gestational surrogacy results in the child being genetically related to the female whose egg was used as well as male who provided the sperm but not the surrogate mother.

In Illinois we are fortunate to have in place the Illinois Gestational Surrogacy Act, which became effective in 2005. The establishment of this act enabled Illinois to set a basic level of standards and procedural safeguards to ensure the protection of all parties involved in a gestational surrogacy contract. In addition, the Gestational Surrogacy Act provides guidelines for confirming the legal status of children who are born as a result of these contracts.

While the Gestational Surrogacy Act makes Illinois one of the more “surrogacy friendly” states and provides some guidance in this area of law, it does not cover many of the critical components that should be covered in an attorney drafted surrogacy contract.


I CAN ANSWER YOUR SURROGACY CONTRACT QUESTIONS

If you are considering a SURROGACY CONTRACT, you probably have many questions:  How long will it take? What will the process be like? How much will it cost? I am honest and straightforward in the answers I provide. I tell you what your options may be and how the best possible results can be achieved.

Because each situation is different, the best way to get answers to your questions is to talk to me directly. I offer free and confidential consultations.

To schedule a consultation regarding an SURROGACY CONTRACT matter, call me at 217-525-7003 or contact me online.