The Legal Implications Associated with Surrogacy

by | Jan 29, 2018 | Law

Many couples who are facing issues with fertility choose to consider surrogacy as an alternative for building a family. A surrogate is a person who carries a child to birth for a couple known as the intended parents.

Surrogacy is hardly a modern phenomenon; however, the practice has been growing since the 1970s. As of 2002, it was estimated that the number of surrogate births would reach about 550. The Organization of Parents through Surrogacy (OPTS) also relates that about 25,000 births through surrogacy have happened since the mid-1970s.

There are two types of surrogacy, known as gestational surrogacy and traditional surrogacy. The traditional method involves a woman who provides her own egg and is inseminated with the sperm of the intended father or a donor. In this type of surrogacy, the surrogate is genetically connected to the child as their own eggs were used.

In the case of gestational surrogacy, the surrogate is not genetically tied to the child. Instead, they become pregnant through in vitro fertilization, whether the egg and sperm from the intended parents or donors. These are implanted in the uterus and remain there until the baby is born.

As an Aurora family law attorney can explain, current Illinois law requires that the relationship between parent and child be established in the time preceding the child’s birth. This is not as complicated as it might seem, though. The parent or parents must fill out forms provided by the Illinois Department of Public Health as part of the Illinois Gestational Surrogacy Act.

After completing these forms, they will need to be submitted to the hospital where the child is expected to be born. The Vital Records department will also require a copy of these forms. It is worth being aware that in Illinois that at least one of the intended parents is required to be a biological parent of the child.

If these forms are not filled out or have been filled out incorrectly, it can cause major problems. In the case that a surrogate decides to attempt to keep the child, the intended parents will find themselves in the middle of a legal battle.

For those who are considering surrogacy as a way to grow their family, Keller Legal Services can help. You will have the assistance of an Aurora family law attorney as you ensure that all paperwork and required items are taken care of before the birth of your child. To learn more, feel free to contact us at 630-868-3093.

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