Illinois § 15

§ 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.)