Statute details on this page are pending review by counsel. Reviewed by [attorney name], [firm], on [date].
Is paid surrogacy legal in Illinois?
Yes. Compensation for a gestational surrogate is expressly permitted under the Illinois Gestational Surrogacy Act, in force since 2005, and a compensated gestational surrogacy agreement is enforceable when the Act's requirements are met.
"Paid" covers two kinds of money. The first is base compensation, which recognizes the surrogate's time, effort and risk. At Private Label Surrogacy, a first-time surrogate's base compensation is $60,000 (proposed, up from $55,000), and an experienced surrogate's is $65,000 to $70,000. The second is expenses and benefits: a monthly allowance, milestone payments, maternity clothing, lost wages, insurance and support. Both are written into the gestational carrier agreement and paid from an independent licensed escrow account the intended parents fund, never through the agency's bank account.
The surrogate's tax treatment of compensation is her own question for a CPA.
Who can be an intended parent under Illinois law?
Illinois law does not restrict surrogacy by marital status or sexual orientation. Single parents, married couples, unmarried couples and LGBTQ parents can all be intended parents in an Illinois journey.
Since December 2025, under the Equality for Every Family Act, intended parents no longer need a genetic link to the child. Parents using donor eggs and donor sperm together, or a donated embryo, now receive the same pre-birth parentage as parents using their own gametes. The Act also requires each side to have independent legal counsel.
When the agreement complies with the Act, intended parents become the legal parents at birth through pre-birth parentage paperwork filed by counsel, are named on the original birth certificate, and do not need to adopt.
You do not need to live in Illinois. PLS works with intended parents across the US and abroad.
Who can be a surrogate under Illinois law?
The Act requires a gestational surrogate to be at least 21, to have carried and delivered at least one child, to have completed medical and mental-health evaluations, and to have her own independent attorney.
PLS's criteria are more specific. A PLS surrogate must be 21 to 43, a US citizen or permanent resident, have a BMI under 33, have had at least one healthy full-term pregnancy and be raising a child now, be a non-smoker, not receive government assistance, live in a stable home, and not currently take antidepressants. Mark Silverberg, DDS, MD, reads every candidate's prenatal and delivery records before a match is offered, and the psychological evaluation is done by an independent licensed professional, not agency staff.
See how to become a surrogate in Illinois.
Is traditional surrogacy legal in Illinois?
Traditional surrogacy, where the surrogate's own egg is used, is not covered by the Illinois Gestational Surrogacy Act. That means the pre-birth parentage process does not apply and parentage is not automatic. Most Illinois attorneys and agencies do not arrange traditional surrogacy.
PLS does not offer it. Every PLS journey is gestational: the embryo is created through IVF, and the surrogate has no genetic link to the baby.
What about parents or surrogates from other states or countries?
Out-of-state intended parents match with Illinois surrogates regularly, and Illinois law applies to an Illinois birth. The law of the state where the baby is born generally governs the birth certificate. If a surrogate lives near the Wisconsin or Indiana line, the attorneys plan for where she will deliver.
International intended parents can use an Illinois surrogate. The child's citizenship and travel documents depend on the parents' home country and on current US federal policy, which is in flux in 2026. 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. Jan Telman Berman, PLS's Global Surrogacy Coordinator, has managed international cycles for more than 18 years; plan the documents with your attorney before you match. See the 2026 federal executive order page.
Where Illinois ranks among surrogacy-friendly states
Illinois is one of the most surrogacy-friendly states in the US. Three features put it there: a dedicated statute that has been in force for two decades, pre-birth parentage without an adoption, and, since December 2025, no genetic-link requirement for intended parents.
Other states have moved too. Michigan legalized compensated surrogacy in April 2025. New York licenses surrogacy agencies, and PLS is applying for its license. A few states still restrict or prohibit compensated surrogacy; PLS recruits surrogates only in surrogacy-friendly states. See states that restrict surrogacy and the full Illinois surrogacy law page.
Sources
- Illinois Gestational Surrogacy Act (2005), Illinois General Assembly. Pending review by counsel.
- Equality for Every Family Act, signed December 2025, Illinois General Assembly. Pending review by counsel.