How to Become a Surrogate in Illinois

If you live in Illinois and are looking into gestational surrogacy before you have told anyone, you can start with a clear answer. Illinois has a specific statute for this, the Illinois Gestational Surrogacy Act (750 ILCS 47/). It sets conditions that apply to you as the surrogate and to the agreement you would sign. Whether you personally qualify is a separate question. An agency, a fertility clinic and a physician who reviews your records decide that.

This page covers what the Illinois law asks of you, the eligibility criteria programmes commonly use, how the process runs from application to delivery, how compensation is structured, and what to ask when you compare programmes. It applies whether you live in Chicago, Naperville, Rockford, Peoria, Springfield or anywhere in between.

Surrogate Compass is an independent platform for women considering surrogacy. We help you understand your options and connect you with agencies. We are not an agency or a clinic, and we do not screen, match, contract with or pay surrogates. This page describes Illinois law in plain language for general information. It is not legal advice, and the attorney who represents you is the person to apply the law to your situation.

Why Illinois Has a Clearer Legal Framework Than Many States

Surrogacy law in the United States is set state by state, and it varies enormously. Some states have no statute at all, which leaves arrangements to court decisions and makes outcomes harder to predict. A few are hostile to compensated gestational surrogacy.

Illinois is different because it has a written statute. The Illinois Gestational Surrogacy Act has been in effect since 2005, making it one of the earlier comprehensive surrogacy laws in the country. It sets out who may act as a gestational surrogate, what the agreement must include, and how the intended parents are recognised as the child's legal parents.

For you, the practical value is predictability. The conditions are written down, your attorney can point to them, and the steps are familiar to Illinois reproductive attorneys. That framework applies the same way in Cook County as it does in Champaign-Urbana or Joliet. It does not guarantee any particular outcome for any individual arrangement, and it does not replace your own attorney's review.

Eligibility Requirements for Illinois Surrogates

Two layers decide eligibility in Illinois: what the statute requires, and what each agency and clinic adds on top. The statute sets a floor. Programmes often go further, and they do not all set the bar in the same place.

What the Illinois statute requires. Under 750 ILCS 47/20, a gestational surrogate must:

• be at least 21 years old
• have given birth to at least one child
• complete a medical evaluation
• complete a mental health evaluation
• have a legal consultation with independent legal counsel about the agreement and its consequences

What programmes commonly add. These are common ranges, not rules. Programmes differ, and a medical team makes the final call.

• Age. Many programmes look for women roughly 21 to 40. Some extend to around 42. The upper limit depends on the agency and the clinic's protocol.
• Your own children. Many programmes ask that you are currently parenting a child you carried and delivered.
• BMI. Many clinics use a BMI ceiling, commonly somewhere around 32 to 33. It is a medical protocol tied to pregnancy and procedure risk, not a judgment about you, and the exact number varies by clinic.
• Nicotine and drugs. Programmes commonly ask for a non-smoking, drug-free household and no nicotine for a period before you apply. The length of that period varies.
• Financial stability. Programmes commonly look at whether your household is financially stable. Ask how a given programme defines this.
• Psychological readiness. You will be asked to take part in a mental health evaluation, which the statute also requires.
• Background checks. Agencies and clinics run their own background screening, and their standards differ.

Meeting these general criteria is preliminary. It is not qualification. Agency, medical and legal screening decide whether you actually qualify. The surrogate requirements guide explains how these criteria differ between programmes.

The Illinois Gestational Surrogacy Act: What It Actually Says

The full citation is 750 ILCS 47/, and the complete text is published by the Illinois General Assembly. Reading the sections that apply to you, alongside your attorney's explanation, is worthwhile.

Definitions. The Act defines a gestational surrogate as a woman who carries a pregnancy using an embryo she is not genetically related to. Your own eggs are not used. It also defines the intended parents, the people who will be the child's parents.

Conditions for you. Section 47/20 lists the conditions above: age 21 or older, a prior birth, medical and mental health evaluations, and consultation with your own independent attorney.

Conditions for the intended parents and the agreement. The Act also sets requirements that apply to the intended parents and to the agreement itself (see 750 ILCS 47/20 and 47/25). Your attorney can walk you through how those sections apply to your arrangement.

The agreement. The gestational surrogacy agreement must be in writing and signed before medical procedures such as embryo transfer begin. Each side has its own legal representation. You never share an attorney with the intended parents.

Parentage. The Act provides a route for the intended parents to be recognised as the child's legal parents from birth, so they can be named on the birth certificate. This step, often described as a pre-birth order or pre-birth parentage process, is handled by the attorneys during the pregnancy. Your attorney can explain exactly how this process is carried out under Illinois law.

Medical decisions during pregnancy. Ask your attorney how the Act and your agreement treat medical decision-making, including your choice of physician and what happens if a decision has to be made quickly. This is one of the most important parts of the contract to understand before you sign.

The Surrogacy Process in Illinois, Step by Step

The sequence below is the common shape. Programmes vary in the order and in how long each stage takes. The broader surrogacy process for surrogates covers each stage in more depth.

1. Application and initial screening. You apply to an agency or, in some arrangements, a fertility clinic. They review your health history, pregnancy and delivery records, and basic criteria.
2. Medical screening. A reproductive endocrinologist at a fertility clinic evaluates your uterine health, hormone levels and overall health.
3. Psychological evaluation. An independent mental health professional meets with you, and sometimes with your partner if you have one.
4. Legal consultation and agreement. You work with your own attorney, as the statute requires. The gestational surrogacy agreement is drafted, negotiated and signed.
5. Matching. In agency arrangements you are matched with intended parents. In independent arrangements you may already know them. Programmes differ on whether matching happens before or after legal work.
6. Embryo transfer. The transfer takes place at the fertility clinic, followed by a period of monitoring appointments.
7. Confirmed pregnancy. Once pregnancy is confirmed, the attorneys begin the parentage step under Illinois law. Your prenatal care typically moves to an obstetrician.
8. Delivery and after. You deliver, the post-birth legal steps are completed, and the intended parents are named on the birth certificate.

A commonly cited timeline is 12 to 18 months from application to delivery. It can be longer if matching takes time or more than one transfer is needed. Courts in Cook County and downstate counties are both familiar with these steps, but timing depends on your individual arrangement.

Surrogate Compensation in Illinois

Compensation in Illinois is set by your agreement, not by the statute, and it varies meaningfully by agency, by whether you have been a surrogate before, and by what is negotiated. This page does not give a base pay figure because no single verified figure applies to every Illinois surrogate. What can be described clearly is the structure.

Base compensation. This is the main payment for carrying the pregnancy. It is commonly paid in monthly installments that begin once pregnancy is confirmed. The amount and schedule are written into your agreement.

Allowances and reimbursements. Agreements commonly include separate items for costs the pregnancy creates. Ask each programme which of these it includes, how each is calculated and when it is paid:

• maternity clothing
• travel to medical appointments, including mileage, parking and overnight stays
• lost wages if you miss work
• childcare during appointments
• housekeeping if a physician orders bed rest

Procedure-related payments. Many agreements include set payments for specific events, such as embryo transfer, a C-section, or other procedures the agreement addresses. Which events are covered, and at what amount, is a contract term.

In writing. Under 750 ILCS 47/, the agreement must be in writing, and compensation terms belong in it. Your attorney reviews these terms before you sign. Ask how the money is held, for example whether the programme uses an escrow account, and who manages it.

Taxes. Surrogacy compensation is commonly treated as taxable income, but the treatment depends on your circumstances. This is not tax advice. A tax professional, ideally one familiar with surrogacy, can tell you how it applies to you.

For a fact-specific figure, an agency consultation or your attorney's review of an actual agreement gives you the real picture.

Finding an Agency or Fertility Clinic in Illinois

Both national agencies with Illinois programmes and Illinois-based agencies work with Illinois surrogates. Either can be a reasonable choice. What matters is whether they work regularly under Illinois law and with Illinois reproductive attorneys.

Questions worth asking any agency:

• Do you require independent legal counsel for surrogates, and who pays for my attorney?
• Do you work with attorneys experienced with 750 ILCS 47/?
• What is your typical matching timeline?
• How are payments held and released?
• How many surrogates does each coordinator support?

The guide to choosing a surrogacy agency covers these questions in more detail.

Fertility clinics. The embryo transfer happens at a clinic chosen by or affiliated with the intended parents, so you travel to that clinic. The Chicago metro area, across Cook County, DuPage County and Lake County, has the highest concentration of fertility clinics in Illinois. If you live downstate in Springfield, Peoria, Champaign-Urbana or Rockford, you may travel to a Chicago-area clinic for screening and transfer. Ask how travel is reimbursed and whether some monitoring can happen closer to home.

Red flags. Be cautious of any agency that discourages you from having your own attorney, or that asks you to sign before your attorney has reviewed the agreement. Independent counsel is a statutory requirement in Illinois, not a courtesy.

Where Surrogate Compass fits. We help Illinois women understand the process and compare their options, and we connect you with agencies. We do not provide legal advice or representation in Illinois, and we do not screen or match you.

Living in Illinois as a Surrogate: Practical Considerations

The decision is not only legal and medical. It sits inside your daily life, your family and your work.

Health insurance. Your own plan, whether private or Illinois Medicaid, may or may not cover a surrogate pregnancy. Programmes commonly review this during screening. Ask whether the intended parents will obtain or fund a policy, what it covers, and how long it lasts after delivery.

Birth certificates. The Illinois Department of Public Health oversees vital records. The parentage step completed during your pregnancy determines how the birth certificate is issued.

Distance. Illinois surrogates live across the state, from Chicago, Naperville, Aurora and Joliet to Rockford, Peoria, Springfield and Champaign-Urbana. Distance to the clinic affects how much time each appointment takes, so it is worth discussing early.

Your partner. If you have a partner, programmes commonly ask them to take part in the psychological evaluation and sign a consent form.

Your children. Your children will see the pregnancy. Many surrogates prepare age-appropriate ways to explain it.

Work and leave. Illinois has no specific surrogacy leave statute. Your employment, leave options and any lost-wage terms belong in your financial planning and your agreement. The pros and cons of surrogacy covers these trade-offs more broadly.

Questions Illinois Women Ask Before Applying

These are the questions that tend to come up before an Illinois woman applies.

Do I need to live in Chicago to become a surrogate in Illinois?

No. The Illinois statute applies statewide, and women from Rockford, Peoria, Springfield, Champaign-Urbana and the Chicago suburbs all consider surrogacy. The practical question is travel to the fertility clinic. Ask each programme how travel is reimbursed under its agreements.

Does Illinois law protect me if something goes wrong during the pregnancy?

The Act requires a written agreement, signed before medical procedures begin, with your own attorney advising you. How the agreement handles medical contingencies, medical decisions, life insurance and disability cover are contract terms. Ask your attorney to explain each one before you sign.

Can I be a surrogate in Illinois if I had a C-section?

A prior C-section is not automatically disqualifying in many programmes. A reproductive endocrinologist reviews your records, typically looking at how many C-sections you have had, how you recovered and the condition of your uterus. The decision belongs to the physician reviewing your history.

Do I need my own attorney, or does the agency provide one?

You need independent legal counsel. The Illinois Gestational Surrogacy Act requires it under 750 ILCS 47/20. Your attorney represents you, not the agency or the intended parents. Ask who pays the attorney's fees, which is set out in the agreement.

What does the psychological evaluation involve?

A licensed mental health professional, often one experienced in reproductive psychology, interviews you and may use standardised questionnaires. The evaluation explores your reasons, your understanding of the process, your support system and how you expect to handle the emotional side. It is both screening and preparation.

What happens if the pregnancy does not result in a live birth?

Your agreement addresses this. Ask how compensation, reimbursements and medical cover are handled after a pregnancy loss or an unsuccessful transfer, and what emotional support the programme offers. Your attorney can explain these terms before you sign.

Will surrogacy compensation affect my taxes or public benefits?

Compensation is commonly treated as taxable income, and payments could affect eligibility for some benefits. A tax professional familiar with surrogacy can give you a fact-specific answer.

How long does the surrogacy process take in Illinois?

A commonly cited range is 12 to 18 months from application to delivery. Matching time, the number of transfers needed and the pregnancy itself can extend it. Illinois's legal steps are well established.

Can I choose the intended parents I work with?

In agency arrangements, matching is mutual. You typically review intended parent profiles and can ask questions before agreeing. In independent arrangements, you and the intended parents find each other directly.

Your Next Step

If you want a clearer read on your situation, Surrogate Compass offers a free eligibility review with no obligation. The review looks at your age, pregnancy and delivery history, the conditions set by the Illinois statute, and the other criteria programmes commonly use, and it shows whether your situation looks likely to meet those common criteria. Surrogacy agreements commonly address compensation for base pay, reimbursed expenses such as travel and childcare, lost wages, and other items the law allows parties to include; a surrogate may be able to seek recovery of these categories through the agreement process, and an attorney can explain which may apply to a given arrangement. It is not approval. Agencies and clinics run their own screening, and a physician decides on medical clearance. The eligibility quiz explained shows what the questions cover.

When you are ready, contact Surrogate Compass to request your free eligibility review. There is no deadline, and you can come back whenever it suits you.