Illinois is a surrogacy-friendly state for same-sex couples who want to have a child through surrogacy. The Gestational Surrogacy Act of the Illinois General Assembly governs the legal framework for surrogacy arrangements in the state. This act sets forth specific guidelines and requirements that ensure the rights of all parties involved are protected. 

What is Gestational Surrogacy?

Gestational surrogacy is a process in which a surrogate mother is implanted with an embryo created from the eggs and sperm of the intended parents or donors. The surrogate mother carries the pregnancy to term and delivers the child, but the child is genetically unrelated to the surrogate mother.

Requirements for Surrogacy in Illinois

The Gestational Surrogacy Act of the Illinois General Assembly requires that all parties involved in a surrogacy agreement undergo a psychological evaluation before the arrangement begins. The intended parents must also obtain legal representation before entering into a surrogacy agreement, and the surrogate mother must have her legal representation as well. The Act also requires that the surrogacy agreement be in writing and signed by all parties involved, including the surrogate's spouse, if applicable.

A separation, divorce, or custody dispute can cause emotions to run hot. An emotionally unstable spouse may become abusive when he or she is confronted with possible family changes. Some people choose to leave their spouse or seek full custody of their children precisely because their partner is abusive. Domestic violence is shockingly common in the United States. On average, 10 million Americans suffer as a result of domestic violence each year, and about one in three women and one in four men will suffer intimate partner violence in their lifetime. Fortunately, there are legal options for those who wish to protect themselves or their children from an abusive partner.  

Understanding Orders of Protection in Illinois

In Illinois, orders of protection are designed to protect a person from the threat of imminent harm. An emergency order of protection can be easily acquired and does not require the person seeking the order of protection to give notice to his or her abuser. An emergency order is a short-term measure typically given to a victim by a judge for up to 21 days. This gives the abused person time to request a longer-term protection order if necessary.

A plenary order of protection can last for up to two years and can be renewed upon review when it expires. These protection orders can include various provisions but generally require the alleged abuser to stay away from the accuser and/or their children or family.