Illinois § 709

§ 709.

Establishment of parentage; requirements of Gestational Surrogacy Act. (a) In the event of gestational surrogacy, in addition to the requirements of the Gestational Surrogacy Act, a parent-child relationship is established between a person and a child if all of the following conditions are met prior to the birth of the child: (1) The gestational surrogate certifies that she did not provide a gamete for the child, and that she is carrying the child for the intended parents. (2) The spouse, if any, of the gestational surrogate certifies that he or she did not provide a gamete for the child. (3) Each intended parent, or the parent's legally authorized designee if an intended parent dies, certifies that the child being carried by the gestational surrogate was conceived using at least one of the intended parents' gametes. (4) A physician licensed in the state in which the fertilized ovum was inseminated or transferred to the gestational surrogate certifies that the child being carried by the gestational surrogate was conceived using the gamete or gametes of at least one of the intended parents, and that neither the gestational surrogate nor the gestational surrogate's spouse, if any, provided gametes for the child being carried by the gestational surrogate. (5) The attorneys for the intended parents and the gestational surrogate each certify that the parties entered into a gestational surrogacy agreement intended to satisfy the requirements of the Gestational Surrogacy Act. (b) All certifications under this Section shall be in writing and witnessed by 2 competent adults who are not the gestational surrogate, gestational surrogate's spouse, if any, or an intended parent. Certifications shall be on forms prescribed by the Illinois Department of Public Health and shall be executed prior to the birth of the child. All certifications shall be provided, prior to the birth of the child, to both the hospital where the gestational surrogate anticipates the delivery will occur and to the Illinois Department of Public Health. (c) Parentage established in accordance with this Section has the full force and effect of a judgment entered under this Act. (d) The Illinois Department of Public Health shall adopt rules to implement this Section. (Source: P.A. 102-1117, eff. 1-13-23.)