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Chicago Surrogacy Attorney

DuPage County Surrogacy Attorney

Chicago Surrogacy Lawyer Serving Cook County

At NextLevel Law, P.C. by Daniel R. Hernandez, Esq, we celebrate families in all of their forms and are ready to support those who want to bring a child into their family. All same-sex couples who want to be parents have different options. Some couples may choose adoption, while others prefer to become surrogate parents. Surrogacy is popular among same-sex male couples who want to have biologically related offspring. Through surrogacy, one of the partners, or both with multiple children, can be the biological father of the child. The process can be lengthy, and it is helpful to have an experienced attorney by your side, acting as your advocate and managing the legal aspects. As a 100% LGBTQ-owned law firm, we know the challenges same-sex couples can face and are ready to provide you with the support you need to become parents.

Surrogacy Laws in Illinois

Under Illinois law, the process known as gestational surrogacy is officially recognized under the Illinois Gestational Surrogacy Act. In a gestational surrogacy, the donor sperm from one of the partners and an egg from a donor are implanted in a surrogate mother. The intended parents, that is, the same-sex couple, do not need to go to court to be legally declared the parents of the child. However, they must meet all of the requirements of the law and sign the appropriate contacts.

To legally manage the relationship between the intended parents and their surrogate, all parties must sign a surrogacy contract, which will stipulate:

  • The surrogate's compensation
  • The surrogate's behavior during the pregnancy
  • All parties' obligations to each other
  • Levels of contact (if any) after the birth of the child
  • Agreed upon decisions if the need arises for selective reduction or termination of fetuses

Separate lawyers are required for the two parties. Upon execution of the contract, the surrogacy process can begin. If the surrogacy contract and other required certifications are followed before the birth, the child's birth certificate will have the intended parents' names on it.

While legal in Illinois, the process known as traditional surrogacy is less common and legally riskier. In a traditional surrogacy, the egg donor and the surrogate mother are the same person. While the Illinois Gestational Surrogacy Act grants parental rights to the intended couple in a gestational surrogacy, it does not cover traditional surrogacy. In this case, the sperm donor will be listed as the father on the child's birth certificate, and the surrogate will be listed as the mother. She must relinquish her parental rights while the non-biological father must take action to become the child's legal parent through a stepparent adoption. Because of the risks involved, traditional surrogacy cases are less common and generally not encouraged.

Our lawyers have the experience you can trust. We will make sure you understand the surrogacy process before you start and help you every step of the way.

Contact a Trusted Cook County Surrogacy Attorney

When you decide to bring a child into this world through surrogacy, you will be faced with many questions. At NextLevel Law, P.C. by Daniel R. Hernandez, Esq, we can help you navigate the emotional and sometimes complex world of surrogacy so that you can focus on the most important thing, expanding your family. Being a 100% LGBTQ-owned law firm, we are sensitive to the needs of the LGBTQ+ community and are excited for the opportunity to serve you and provide you with exceptional legal representation. We offer flat fees for all our services so that you always know what to expect. Our office serves clients throughout northeastern Illinois, including Chicago, Cook County, DuPage County, Lake County, Will County, and Joliet. Our lawyers speak English and Spanish. Call us today at 312-442-2225 or contact our office by email.

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