750 ILCS 47/20

(750 ILCS 47/20)

Sec. 20. Eligibility.

(a) A gestational surrogate shall be deemed to have satisfied the eligibility requirements of this Act if, at the time the gestational surrogacy agreement is executed, the gestational surrogate:

(1) is at least 21 years of age;

(2) has given birth to at least one child;

(3) has completed a medical evaluation;

(4) has completed a mental health evaluation;

(5) has had and will have ongoing legal representation by independent counsel, licensed in Illinois and chosen by the surrogate, throughout the course of the gestational surrogacy arrangement regarding the terms of the gestational surrogacy agreement and the potential consequences of the gestational surrogacy; and

(6) has obtained a health insurance policy that covers major medical treatments and hospitalization and the health insurance policy has a term that extends throughout the duration of the expected pregnancy and for 8 weeks after the birth of the child; provided, however, that the policy may be procured by the intended parents on behalf of the gestational surrogate pursuant to the gestational surrogacy agreement.

(b) The intended parent or parents shall be deemed to have satisfied the eligibility requirements of this Act if, at the time the gestational surrogacy agreement is executed, the intended parent or parents:

(1) is at least 21 years of age;

(2) are experiencing infertility as defined in subsection (c) of Section 356m of the Illinois Insurance Code;

(3) have completed a mental health evaluation; and

(4) has had and will have ongoing legal representation by independent counsel, licensed in Illinois, throughout the course of the gestational surrogacy arrangement regarding the terms of the gestational surrogacy agreement and the potential legal consequences of the gestational surrogacy.

(Source: P.A. 104-448, eff. 12-12-25.)