750 ILCS 47/37

(750 ILCS 47/37)

Sec. 37. Parentage and substantial noncompliance.

(a) If a gestational surrogacy agreement does not substantially comply with the requirements of this Act:

(1) The court shall determine the rights and duties of the parties to the agreement consistent with the intent of the parties at the time of execution, taking into account the best interests of the child.

(2) Each party to the surrogacy agreement and any individual who at the time of the execution of the agreement was a spouse of a party to the agreement has standing to maintain an action to adjudicate an issue related to the enforcement of the agreement. Any party to the agreement not joining in the action shall be provided with notice of the proceeding.

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