The Surrogacy Law In The State Of Illinois

A Wisconsin case may set a new precedent for surrogacy policies across the country. The Supreme Court found that a surrogate mother's agreement to give birth to a child while terminating all birth rights is not enforceable.

This situation involves two couples that were friends. The one couple agreed to be a surrogate, being inseminated with the childless couple's sperm. Both parties had attorneys and agreed to a written contract where the surrogate mother forfeits any parental rights and custody. The couple receiving the child thought they had covered all of their legal bases, then issues arose when the surrogate mother changed her mind about giving up the baby.

The initial judge in this case ruled that the surrogate's parental rights could not be bound by such an agreement because it didn't meet the requirements for voluntary termination of parental rights. Later, a judge ruled that the biological father would retain sole custody of the child, with visitation rights to the surrogate. The case was sent to the Wisconsin Supreme Court after the biological father appealed the judgement.

The Supreme Court found that the original agreement between both parties must be considered when the case goes to trial in a lower court, however the surrogate's parental rights may still stand despite the contract.

Surrogacy laws across the country are complex and sometimes vague, and Illinois is no exception. Illinois surrogacy agreements only pertain to gestational surrogacy, not traditional (in traditional surrogacy, the surrogate is also the egg donor). In order to have a legal leg to stand on in Illinois, the surrogate mother cannot also be the egg donor. In this situation, the child is now three years old and legal battles are still ensuing.

For more in depth information pertaining to your specific case, contact Illinois Family Law Attorney Vincent Ruggiero at 630-654-0044 for assistance with your Family Law matters in DuPage, Will, Kane, and Cook Counties.