Gestational Surrogacy Attorney in Chicago, IL
Building a family through gestational surrogacy is an exciting and emotional journey, but it also involves complex legal steps. Whether you’re an intended parent or a gestational carrier, partnering with an experienced gestational surrogacy attorney helps ensure that everyone’s rights, responsibilities, and expectations are clearly defined.
At Metz & Jones LLC, our surrogacy law firm provides compassionate legal counsel to guide you through every stage of the process. Contact our team today and allow us to help make the path to parenthood as smooth as possible. As an LGBTQ+ family lawyer in Chicago with over 40 years of experience, you can rely on us.
Creating a Gestational Carrier Contract
A strong legal foundation is essential in any gestational surrogacy arrangement. Before any medical steps begin, intended parents and the gestational carrier should have a written agreement prepared by a gestational surrogacy attorney. At Metz & Jones LLC, we help ensure every contract clearly defines expectations, obligations, and protections for everyone involved.
A comprehensive gestational carrier contract typically outlines:
- Who will cover medical expenses, maternity-related costs, and any financial responsibilities resulting from complications
- Who is responsible for reimbursement for legal fees, lost wages, child care, and maternity products
- What compensation will be supplied to the surrogate (if any)
These financial details are important in avoiding misunderstandings later. The agreement should also clarify what medical treatment, history, and health information may be shared with the intended parents. It can also determine who has the authority to make medical decisions during the pregnancy. By addressing these topics in advance, our surrogacy law firm helps establish clarity and trust from the beginning.
The Illinois Gestational Surrogacy Act
When pursuing surrogacy in Illinois, the legal framework is shaped by the Illinois Gestational Surrogacy Act. This statute allows intended parents to secure their parental rights without needing post-birth adoption, as long as all legal requirements are met.
To qualify under the Act, parties must have a written surrogacy agreement that meets specific legal criteria. The gestational carrier and all involved parties must sign official statements confirming their consent to the established parentage of the child. These documents help ensure that legal relationships are clearly defined before birth.
A licensed physician must also certify that the child being carried is the biological child of the intended parent or parents. The physician’s statement must confirm that the gestational carrier and her spouse or partner, if any, are not biologically related to the child. This statement must be signed by a doctor licensed in the state where insemination or embryo transfer occurred.
Each attorney representing the involved parties must complete a certified statement, as well. All required documents must be executed before the child’s birth.
Because these steps are detailed and time-sensitive, receiving surrogate legal counsel is essential. Metz & Jones LLC is well-versed in the Illinois Gestational Surrogacy Act and guides clients through all legal processes.
Acquiring a Birth Certificate
As one of the most surrogacy-friendly states in the country, Illinois has unique procedures that make acquiring a birth certificate easy for new parents. The Illinois Department of Health provides forms that can be filled out before the birth in order to list the intended parents on the birth certificate without involving the courts.
These documents must be completed before delivery and require signatures from the gestational carrier, all intended parents, their respective attorneys, and the physician involved in the pregnancy. Our surrogacy lawyer in Chicago can help ensure the birth certificate is properly finalized on the day that you become a family.
Post-Birth Adoptions
Post-birth adoption may be necessary in gestational surrogacy cases if:
- Neither intended parent is genetically related to the child (i.e., both genetic contributions come from third-party donors).
- The surrogacy contract or statutory requirements are not met, and parentage cannot be determined administratively.
- A non-genetic intended parent in an unmarried couple must complete a second-parent adoption (or stepparent adoption if married to the genetic parent) to secure parental rights not covered by the statute.
Contact Our Gestational Surrogacy Attorney
As an LGBTQ+ adoption lawyer, we are very familiar with the specifics surrounding gestational surrogacy. By following the state of Illinois’ gestational surrogacy guidelines, arrangements can be made fair, enforceable, and efficient, helping to protect all parties involved from unintended complications.
If you have questions regarding family building, surrogacy, or related topics, please contact us today. Our law firm has over four decades of experience helping LGBTQ+ clients navigate all types of legal matters.