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Gestational Surrogacy

The path to parenthood is paved with unique challenges for every couple, regardless of the reproductive choices that are made. When it comes to pursuing gestational surrogacy as part of your family creation story, hiring a knowledgeable surrogacy lawyer can help make the arrangement smoother and more joyous for everyone involved.

Creating a Gestational Carrier Contract

In order to create a safe and comfortable space for everyone involved in the pregnancy, it’s important to have a comprehensive contract created by a surrogacy lawyer in Chicago before the process begins. Your contract can clarify the expectations, obligations, and rights of the parties involved. Examples of topics that can be covered in a gestational carrier contract include:

  • Who is liable for medical expenses, including those resulting from complications
  • What medical history and personal medical information is available to the parents
  • Who is responsible for legal fees, lost wages, child care, and maternity products
  • Who holds the right to make medical decisions associated with the pregnancy
  • What compensation will be supplied to the surrogate (if any)

Acquiring a Birth Certificate

As one of the most surrogacy-friendly states in the U.S., Illinois has unique procedures which make acquiring a birth certificate easier for new parents. The Illinois Department of Health provides forms which can be filled out before the birth in order to list the intended parents on the birth certificate without involving the courts. These forms will need to be filled in by all parties, their lawyer(s), and a 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

In the event that neither intended parent is genetically related to the child, a post-birth adoption will be necessary. Married couples in Illinois will need only one person to apply to adopt the child to secure full parental rights for both parties. If the intended parents are not married, a second-parent adoption will need to take place in order for both people to claim their parental rights. Our law firm can help you prepare ahead of time so that adoption can move forward quickly and effectively soon after the child is born.

Contact Our Surrogacy Lawyer in Chicago

As an LGBTQ+ centered law firm, we are very familiar with the specifics surrounding gestational surrogacy in Chicago. 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 our process or would like to schedule an appointment, please contact us today to speak with an attorney.