Pending attorney review before publishing. Bill number, effective date and any other provisions in the Act: [COUNSEL to confirm]. Reviewed by [attorney name], [firm], on [date].
What did the Act change?
Two changes matter for surrogacy: which families can use the pre-birth parentage process, and who must have a lawyer. Each is explained below, with what it means for intended parents and for surrogates, and what stayed exactly as it was.
The Equality for Every Family Act, signed in Illinois in December 2025, amended the Illinois Gestational Surrogacy Act in two ways. It removed the requirement that at least one intended parent contribute the egg or the sperm used to create the embryo. And it requires that the surrogate and the intended parents each have independent legal counsel.
| Before the Act | After the Act | |
|---|---|---|
| Genetic link to the child | At least one intended parent had to contribute an egg or sperm | Not required |
| Independent counsel | Standard practice at PLS | Required for both the surrogate and the intended parents |
| Parentage path | Pre-birth parentage only for parents meeting the genetic-link rule | Pre-birth parentage for all intended parents whose agreement complies |
| Who qualifies for pre-birth parentage | Parents using at least one of their own gametes | Also parents using donor eggs and donor sperm together, or a donated embryo |
| Effective date | Not applicable | Signed December 2025; effective date [COUNSEL to confirm] |
Who benefits from removing the genetic-link requirement?
Families who cannot or do not use their own eggs or sperm. That includes:
- Intended parents who need both an egg donor and a sperm donor.
- Intended parents using a donated embryo.
Under the old rule, these families could not use the Act's pre-birth parentage process, because neither parent was genetically related to the child. Under the amended Act, they receive the same pre-birth parentage as everyone else, and they are named on the original birth certificate without an adoption.
For these families, the change means a wider range of family-building paths now carries the same legal certainty at birth. That certainty is what lets you plan the hospital stay, the baby's insurance enrollment and, for international families, the travel documents, before the baby arrives.
If you are considering donor eggs, PLS's egg donation program is run by Nancy Block, RN, who founded The Center for Egg Options Illinois in 2000. See egg donation in Illinois.
What does the independent-counsel rule mean in practice?
It means the surrogate has her own lawyer, and the intended parents have theirs. Neither attorney represents both sides, and neither works for the agency.
Independent counsel for the surrogate is now a statutory requirement. The intended parents pay for both attorneys, through escrow. Legal fees are part of the third-party costs, which total $15,300 to $29,000 in a PLS journey.
In practice, the surrogate's attorney explains the gestational carrier agreement to her line by line, negotiates the terms that protect her, such as compensation, expenses, insurance and her right to make her own health decisions, and confirms she understands what she is signing. Your attorney does the same for you. When both sides have had that conversation with their own lawyer, the agreement is stronger, and the relationship starts on firmer ground.
For PLS families, this rule changed paperwork, not practice. PLS has always required separate attorneys and has never employed lawyers. It refers to independent reproductive-law attorneys, and you may choose your own. The reasoning is the same reason PLS uses independent escrow and independent psychologists: the people who protect each side should answer only to that side.
Does it affect agreements already signed?
Agreements signed before the effective date remain governed by the prior rules unless amended. If you signed a gestational carrier agreement in 2025 or earlier and the genetic-link rule affected your plans, ask your attorney whether an amendment makes sense.
Confirm the effective date and transition rules with your Illinois attorney.
What stayed the same?
For surrogates, nothing about compensation or eligibility changed. The Act still covers gestational surrogacy only. The surrogate still must be at least 21, have given birth before, and complete medical and mental-health evaluations. The agreement still must be signed before any medication or transfer.
At PLS, the same seven-step screening applies, Mark Silverberg, DDS, MD, still reads every candidate's prenatal and delivery records, and compensation is still paid from an independent licensed escrow account. First-time base compensation is $60,000 (proposed).
Traditional surrogacy, where the surrogate's own egg is used, is still outside the Act, and PLS still does not offer it.
What should you ask your attorney now?
Bring these questions to your first call with an Illinois reproductive-law attorney:
- What is the bill number and effective date of the Equality for Every Family Act, and does it apply to my agreement?
- If my agreement was signed before the effective date, should it be amended?
- We are using donor eggs and donor sperm, or a donated embryo. What changes in the parentage filing for us?
- Does the Act include other provisions, such as parentage for assisted reproduction without a surrogate, that affect our family?
- How will the parentage certification be timed relative to the second trimester?
- If our surrogate might deliver outside Illinois, what is the plan?
PLS coordinates with both attorneys throughout. For the full legal picture, see Illinois surrogacy law and how the pre-birth parentage order works.
Sources
- Equality for Every Family Act, signed December 2025, Illinois General Assembly. Pending attorney review.
- Illinois Gestational Surrogacy Act (2005), Illinois General Assembly. Pending attorney review.