Surrogacy in Illinois: how it works in 2026

Illinois is where Private Label Surrogacy is based, and it is the state Nancy Block, RN, has worked in since she started matching surrogates and egg donors in 2000. This page is the Illinois overview: the law, the parentage process, what a journey costs, what a surrogate receives, who qualifies, how clinics and agencies fit together, and how long it all takes. Each section links to a deeper page.

Since 2017, PLS has supported [PLS_JOURNEYS] surrogacy journeys and [PLS_BABIES] births.

Is surrogacy legal in Illinois?

Yes. Gestational surrogacy is legal in Illinois, and the state has had a dedicated surrogacy statute for two decades. The Illinois Gestational Surrogacy Act, in force since 2005, makes a compensated gestational surrogacy agreement enforceable when its requirements are met. That matters because an enforceable agreement is what lets everyone plan with confidence: the surrogate knows her compensation, expenses and insurance are written down and payable, and intended parents know they will be the legal parents at birth.

Gestational surrogacy means the surrogate carries an embryo created through IVF, using the intended parents' eggs and sperm or donor eggs, donor sperm or a donated embryo. She has no genetic link to the baby. This is the only form of surrogacy PLS arranges.

Traditional surrogacy, where the surrogate's own egg is used, is not covered by the Act. Without the statute, parentage is not automatic, so most Illinois attorneys and agencies, PLS included, do not arrange it.

Illinois does not restrict surrogacy by marital status or sexual orientation. Single intended parents, married and unmarried couples, and LGBTQ parents can all build a family through an Illinois surrogacy journey. Intended parents do not need to live in Illinois. PLS serves families across the US and abroad, and surrogates in surrogacy-friendly states.

For the full legal picture, see Illinois surrogacy law. For the short answer with context on other states, see Is surrogacy legal in Illinois?

What does the Illinois Gestational Surrogacy Act require?

The Act sets conditions for the surrogate, for the intended parents and for the agreement itself. The surrogate must be at least 21, must have carried and delivered at least one child, and must have completed medical and mental-health evaluations. Both sides must have independent legal counsel. The agreement must be signed before any medication or embryo transfer begins. The embryo must be created through IVF, so the surrogate has no genetic link to the child.

In practice, here is how those conditions show up in a PLS journey:

• Surrogate age and prior birth. PLS accepts surrogates aged 21 to 43 who have had at least one healthy full-term pregnancy and are currently raising a child. Mark Silverberg, DDS, MD, reads every candidate's prenatal and delivery records himself before a match is offered.
• Medical and mental-health evaluation. The surrogate completes medical screening at the intended parents' fertility clinic and a psychological evaluation by an independent licensed professional. PLS does not employ in-house psychologists, on purpose: the evaluator should answer to the standard, not to the agency.
• Independent counsel. The surrogate and the intended parents each have their own attorney. PLS refers to independent reproductive-law attorneys and does not employ lawyers. Intended parents pay for both attorneys, through escrow.
• Agreement before medication. No medications start until the gestational carrier agreement is signed by everyone and the escrow account is funded.

Statute details on this page are pending review by counsel. Reviewed by [attorney name], [firm], on [date].

What changed under the Equality for Every Family Act (December 2025)?

The Equality for Every Family Act, signed in December 2025, made two changes that matter for surrogacy. It removed the requirement that at least one intended parent be genetically related to the child. It also requires independent legal counsel for both the surrogate and the intended parents.

The first change widens who gets the same legal certainty at birth. Parents who need both donor eggs and donor sperm, or who use a donated embryo, can now plan an Illinois surrogacy journey on the same footing as parents using their own gametes.

The second change matches how PLS already worked. Separate attorneys for each side has always been part of the PLS process, because a surrogate who has her own lawyer understands what she is signing, and an agreement both sides understood is a stronger agreement.

Agreements signed before the effective date may remain governed by the prior rules unless amended. Confirm the effective date and transition rules with your Illinois attorney.

Nothing about surrogate compensation or PLS eligibility criteria changed with the new law. Read more on the Equality for Every Family Act page.

How does parentage work: the Illinois pre-birth order

Parentage is the legal answer to one question: whose names go on the birth certificate? In Illinois the answer is settled before the baby is born.

Under the Act, the attorneys for both sides file certifications before the birth confirming that the agreement meets the statute. The hospital then issues the original birth certificate with the intended parents' names. The surrogate is not listed, and no adoption follows. A court hearing is not usually required.

Your attorney typically handles the parentage filing during the second trimester, after the pregnancy is confirmed, so the paperwork is in place if the baby arrives early. PLS coordinates the timing between both attorneys, the surrogate's OB and the delivering hospital, and builds the hospital plan around it: who is in the delivery room, where the intended parents stay, and when the baby is discharged to them.

If your surrogate lives near a state line and might deliver in Wisconsin or Indiana, tell your attorney early. The law of the state where the birth happens governs the certificate, and your attorney plans for that.

For international intended parents, the birth certificate is only the first document. The baby's passport or home-country papers come next. A federal executive order dated August 6, 2026, on citizenship for children born through compensated surrogacy to two non-citizen parents is under litigation. Status as of [date], reviewed by counsel.

See how an Illinois pre-birth parentage order works for the step-by-step timeline.

How much does surrogacy cost in Illinois?

Intended parents should budget $150,000 to $200,000 for a full Illinois surrogacy journey. Itemized, a PLS journey runs about $112,000 to $127,000 before IVF clinic fees and any new surrogate health insurance. The total has four parts:

1. The PLS program fee. Currently $35,000, paid $15,000 at signing, $15,000 at surrogate acceptance and $5,000 at medical clearance. On new agreements the proposed fee is $42,000 ($20,000, $17,000, $5,000). A proposed Assured tier at $55,000 adds priority matching, unlimited rematches and no new agency fee if the first surrogate does not succeed. Program fee: confirm current schedule.
2. Surrogate compensation and expenses. A typical total package of roughly $68,000 to $78,000 for a first-time surrogate carrying one baby.
3. Third-party costs. $15,300 to $29,000 for attorneys for both sides, escrow administration, the independent psychological evaluation, background checks, an insurance policy review, surrogate travel and local monitoring.
4. Clinic and insurance. IVF and clinic fees are paid directly to your clinic. If the surrogate's own health plan excludes surrogacy, a dedicated policy costs $5,000 to $40,000.

Where the money sits matters as much as how much it is. PLS never holds client funds. Intended parents fund an independent licensed escrow agent: $10,000 at match, and the balance before medications start. You may choose your own escrow company. This is not a small detail. When an agency holds its clients' money, a business failure can take that money with it. In late 2025 the Surro Connections agency collapsed, leading to a federal indictment in August 2026, and the SEAM escrow failure involved more than $16 million. PLS has always used independent licensed escrow.

The payments are spread across the journey rather than due at once. You pay the first program fee installment at signing. At match, you pay the second installment and put $10,000 into escrow. Before the surrogate starts medications, you fund the rest of the escrow balance, which covers her compensation, expenses and the third-party services. Clinic fees are paid to the clinic as each step happens. Most families plan the cash flow against this schedule before they sign.

Three things move a family toward the top of the range: needing a dedicated insurance policy for the surrogate, needing an egg donor, and needing more than one embryo transfer. PLS also offers reduced programs for families returning for a sibling and for families who bring their own surrogate. The egg donation match fee is $11,000, or $8,500 when bundled with a surrogacy program. Sibling journeys are charged 50 percent of the program fee. Cycle Management, for parents who bring their own surrogate, is a proposed $15,000 ($12,500 for military families). Confirm current schedule.

For the itemized table, see what surrogacy costs in Illinois, and for how escrow works, see escrow.

How much are surrogates paid in Illinois?

PLS publishes the total package first, because the base figure alone understates what a surrogate receives.

A first-time surrogate receives a typical total package of roughly $68,000 to $78,000. Base compensation is $60,000 for a first-time surrogate (proposed, up from $55,000) and $65,000 to $70,000 for an experienced surrogate. On top of base compensation, the package includes:

• $300 monthly allowance
• $500 when medications start and $1,000 at embryo transfer
• $750 for maternity clothing ($1,000 for multiples)
• $5,000 for twins, $10,000 for triplets
• $200 per week while pumping breast milk
• $90 per week for housekeeping from 32 weeks
• Lost wages for the surrogate and her partner
• Extended life insurance up to $750,000
• Mental-health support and nutrition support

Compensation is paid from the independent escrow account, which the intended parents fund before medications start. It does not pass through the agency's bank account. PLS pays the same base compensation across Illinois, whether a surrogate lives in Chicago or downstate.

Illinois law permits compensation. Its tax treatment for the surrogate is unsettled, so she should confirm her own position with a CPA. See surrogate compensation in Illinois for the line-by-line schedule.

Who can become a surrogate in Illinois?

PLS accepts surrogate applicants who meet all of these criteria:

• Age 21 to 43
• US citizen or permanent resident
• BMI under 33
• At least one healthy full-term pregnancy, and currently raising a child
• Non-smoker
• Not receiving government assistance
• A stable home
• Not currently taking antidepressants (current site wording)

Screening has seven steps: an online application, an interview with a case manager, a medical records review by Dr. Silverberg, a background check, an insurance review, a psychological evaluation by an independent licensed professional, and medical screening at the intended parents' fertility clinic. From application to match averages about 6 months.

The records review is where PLS differs from many agencies. Dr. Silverberg has more than 30 years of medical practice, much of it as an anesthesiologist in Chicago-area operating facilities with many obstetric and gynecologic cases. He reads every candidate's prenatal and delivery records and writes a physician medical summary that goes to the intended parents' fertility clinic. The agency agreement defines this as review by a board-certified physician.

Once matched, a surrogate is supported by a case manager who has been a surrogate herself. Natalie Gaudio-Fricano and Jenni Symons carry the active matches. Julie Bendix, MPH, RD, LD, CLC, a registered dietitian and lactation counselor, holds at least six nutrition consults with each surrogate across the journey.

Read how to become a surrogate in Illinois for the full process.

Which Illinois fertility clinics handle surrogacy?

PLS works with 14 partner fertility centers, including Kindbody, Shady Grove Fertility, Fertility Centers of Illinois and Oregon Reproductive Medicine. In the Chicago area, Fertility Centers of Illinois and Kindbody are the partners families most often use. You do not have to use a partner clinic: PLS coordinates with any licensed IVF clinic you choose, in Illinois or another state.

The clinic and the agency do different jobs. The clinic does the surrogate's medical screening, prescribes her medications, performs the embryo transfer and monitors the early pregnancy. The agency recruits and screens the surrogate, runs the match, coordinates the attorneys, escrow and insurance, and case-manages the journey through birth. PLS delivers each candidate's complete file to your clinic, including Dr. Silverberg's physician medical summary, so the clinic's own review starts with full information.

IVF and clinic fees are paid directly to the clinic and sit outside the agency fee. Before you choose a clinic, look at its outcomes in the SART clinic data and the CDC's ART success rates reporting. See Illinois fertility clinics PLS works with.

How do you choose an Illinois surrogacy agency?

Choose on standards you can verify, not on promises. Five questions separate agencies quickly:

1. Who holds the money? Ask for the name of the escrow company and whether it is independent and licensed. At PLS, parents fund an independent licensed escrow agent and may choose their own.
2. Who reads the surrogate's medical records? Ask whether a physician reviews prenatal and delivery records before a match is offered, and whether the clinic receives a written summary. At PLS, Dr. Silverberg does both.
3. Are the attorney and psychologist independent? An agency that employs the professionals who evaluate its own surrogates has a conflict of interest. PLS refers to independent licensed professionals on purpose.
4. Who runs matching and who carries my case? At PLS, Nancy Block, RN, personally runs matching, and a case manager who has been a surrogate herself carries the match.
5. What does the fee include, and what happens if a match ends? Ask for the payment schedule in writing, with what triggers each installment and what a rematch costs.

PLS's standard comes from Nancy's career. She spent 17 years as an OB/GYN and fertility nurse and staff educator at Northwestern Memorial Hospital's Prentice Women's Pavilion. She founded The Center for Egg Options Illinois in 2000, ran it for 15 years, and stayed on as VP International and Major Client Relations after its 2015 sale to Fertility SOURCE Companies. She is a former President of SEEDS, the Society for Ethics in Egg Donation and Surrogacy, received its Shining Star Award in 2018, and has made more than 2,500 matches across her career.

Two more checks are worth making. First, ask how many active matches each case manager carries. A capped caseload is what makes it possible for someone to answer a surrogate's call at night or rebook a flight when weather closes an airport. One night the PLS after-hours team rebooked a stranded surrogate's hotel, car and flight while another PLS surrogate was delivering twins. Second, ask what the agency did when other agencies failed. In 2025 and 2026, PLS took on three surrogates, pro bono, who were stranded when their agencies collapsed.

Be wary of claims you cannot check. A published success figure means little without a definition of what was counted and over what period. PLS does not describe itself as the top or only agency for anything, and it does not quote a success percentage. It publishes what it can stand behind: the escrow structure, the physician review, the screening steps and the fee schedule.

If you want an outside view before you call any agency, SurrogacyHotline.com, PLS's sister site, answers questions free, usually within 24 to 48 hours.

When you compare Chicago-area agencies, see the PLS agency page for Chicago.

How long does an Illinois surrogacy journey take?

A full journey typically runs 18 to 24 months from signing with the agency to bringing your baby home. The stages:

Matching itself averages about 6 months. The wait to meet a surrogate is the longest single stage, and PLS states it plainly so you can plan. Legal work runs in parallel with medical screening once you are matched, and the escrow account must be funded before medications start.

Here is what happens inside each stage. During matching, Nancy reviews your profile, your clinic's requirements and your preferences, and presents a surrogate whose screening is complete. You meet, usually by video, and both sides decide. Once you accept, the attorneys draft and negotiate the gestational carrier agreement, the escrow account is funded, and the surrogate completes medical screening at your clinic. The medical cycle follows: your clinic sets her medication calendar, she does monitoring appointments near home, and she travels to your clinic for the transfer. If the pregnancy test is positive, the clinic monitors the early weeks before releasing her to her own OB, and the parentage filing happens in the second trimester.

The best way to shorten the overall timeline is to have embryos created and tested before you match, so the medical cycle can start as soon as the agreement is signed. Your clinic can tell you how long that takes.

To talk through your own timeline, call the Northbrook office at (847) 496-0600 or plan your journey online.

Sources

• Illinois Gestational Surrogacy Act (2005), Illinois General Assembly. Statute details pending review by counsel.
• Equality for Every Family Act, signed December 2025, Illinois General Assembly. Details pending review by counsel.
• Society for Assisted Reproductive Technology (SART), clinic outcome data: sart.org
• Centers for Disease Control and Prevention (CDC), Assisted Reproductive Technology success rates
• SEEDS, Society for Ethics in Egg Donation and Surrogacy