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Gestational Surrogacy Agreement

Please note that the legal information presented on this page is written for those living in the state of Illinois.

What Does it Mean?

A gestational surrogacy agreement is a document confirming the intent of a pregnant person to place their child in the care of another person(s) once born.

How Does it Work?

In a valid gestational surrogacy agreement, the child is conceived through in-vitro fertilization. The agreement is typically made before the child is conceived.

The person pregnant with the child is called the surrogate. The person(s) to whom the surrogate will give their child is called the intended parent.

Things You Should Know

For a gestational surrogacy agreement to be valid, one intended parent must have contributed (genetically) to the fertilization process.

If the surrogacy agreement is valid, the intended parent(s) will become the child's legal parent once the child is born. 

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