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LGBTQ+ Surrogacy in Illinois: What Couples Need to Know

Authored and medically reviewed by Dr. Eli Reshef

Dr. Eli Reshef is a reproductive endocrinologist and fertility specialist who sees patients in Chicago and the greater Chicagoland area.

For many intended parents, the path to parenthood is not linear. Whether due to medical, genetic, or personal circumstances, some families turn to gestational surrogacy—a process that offers hope, clarity, and a chance to build the family they've dreamed of. At Advanced Fertility Center of Chicago (AFCC), our gestational carrier program is designed to support this journey with precision, compassion, and ethical care.

What Is a Gestational Carrier?

A gestational carrier is a person who carries a pregnancy for intended parents but has no genetic connection to the child. The embryo is created through in vitro fertilization (IVF) using the intended parents' or donors' genetic material (sperm and/or eggs) and then transferred to the carrier's uterus.

This option is often chosen by:

• Individuals with uterine factor infertility or who've undergone a hysterectomy

• Those with medical conditions that make pregnancy unsafe

• LGBTQ+ couples and single men

• Families who've experienced recurrent pregnancy loss or failed IVF cycles

AFCC's protocols ensure that gestational carriers undergo comprehensive medical, psychological, and legal screening before being matched with intended parents.

Why Intended Parents in Chicago Choose This Path

Illinois is one of the most surrogacy-friendly states in the U.S., offering clear legal protections for both carriers and intended parents. AFCC's four locations in the greater Chicagoland area provide access to:

• High IVF success rates that consistently surpass the national average

• CAP-accredited labs and advanced genetic screening

• A diverse pool of donors and carriers

• Legal frameworks that support parentage rights from birth

• An experienced gestational surrogacy team

The Laws Governing Gestational Surrogacy for Gay and LGBTQ+ Couples

For gay couples and LGBTQ+ intended parents, gestational surrogacy is one of the most direct paths to a child with a biological connection to one or both parents. Understanding the legal landscape is an important early step—and the encouraging news is that Illinois offers some of the strongest, most inclusive protections in the United States.

Marriage Equality and the Foundation for Family Building

Since the U.S. Supreme Court's 2015 decision in Obergefell v. Hodges, same-sex marriage has been recognized nationwide, affirming the right of LGBTQ+ couples to marry and build families on equal footing. The federal Respect for Marriage Act, signed in 2022, reinforced this by repealing the Defense of Marriage Act and requiring that valid marriages be recognized across state lines. Together, these protections mean gay and lesbian couples can pursue surrogacy, adoption, and other family-building options with the same standing as anyone else.

Just as importantly, in Illinois you do not need to be married to pursue surrogacy at all—married couples, unmarried couples, and single individuals are all fully supported under state law.

Illinois: One of the Most Inclusive Frameworks in the Country

Illinois has had a clear, statute-based approach to surrogacy since the Illinois Gestational Surrogacy Act (750 ILCS 47) was passed in 2005—two decades of legal certainty that many states still lack. Under this framework:

• Same-sex couples are treated equally. Whether married or unmarried, both partners can be recognized as legal parents, and both names appear on the child's original birth certificate—often listed as "Co-Parent" and "Co-Parent."

• No court action is usually required. When the statutory requirements are met and the paperwork is completed before delivery, intended parents go directly to Vital Records for the birth certificate—no court hearing or post-birth adoption needed in most cases.

• The non-genetic parent is fully recognized. In a two-father arrangement, for example, one partner may provide sperm while the other does not—yet both sign as intended parents and both appear on the birth certificate from day one. The non-biological parent never holds "second-class" status. The same equal recognition applies to two-mother families, including those using reciprocal IVF, where one partner provides the egg and the other carries the pregnancy.

A Major 2025 Update: The Equality for Every Family Act

In December 2025, Illinois Governor JB Pritzker signed the Equality for Every Family Act (HB2683) into law, modernizing the state's surrogacy and parentage statutes. This is a meaningful step forward for LGBTQ+ families:

• No genetic connection required. Previously, at least one intended parent had to contribute a gamete (egg or sperm). The Act removed that requirement, creating a clear statutory pathway for families who use a donor embryo or both donor egg and donor sperm.

• Gender-neutral language. The statutes were rewritten to recognize "both spouses" rather than "husband and wife," and to use "parent" in place of "mother" and "father."

• "Medical need" replaced with "infertility." Intended parents now represent that they are experiencing infertility as defined by the Illinois Insurance Code, rather than meeting the older "medical need" standard.

Because some state agencies and hospital forms may still be updating their materials to reflect these changes, it's wise to confirm the current process with an experienced reproductive law attorney.

If You're Traveling From Another State or Country

Surrogacy laws vary significantly from state to state. Some states are highly protective of LGBTQ+ intended parents, while others remain restrictive—which is one reason many intended parents travel to Illinois specifically for its favorable laws. If you live elsewhere, or abroad, Illinois courts can issue parentage orders to satisfy your home state's or home country's requirements, and some families choose a confirmatory adoption for added security when traveling or relocating. Your attorney can help you plan for legal recognition wherever you call home.

A Note on Legal Guidance

This overview is provided for general educational purposes and is not legal advice. Surrogacy law is detailed and continues to evolve, and every family's situation is unique. AFCC works alongside experienced reproductive law attorneys and trusted surrogacy agencies so that your legal protections are firmly in place before any medical procedures begin.

AFCC's Role: Screening, Matching, and Medical Support

1. Rigorous Screening

At AFCC, the integrity and safety of our gestational carrier program begin with a comprehensive screening process for all participants—intended parents, donors (if applicable), and gestational carriers. This ensures that everyone involved is medically eligible, emotionally prepared, and legally protected throughout the journey.

Genetic Risk Assessments

AFCC provides a detailed genetic risk assessment report for each intended parent. This includes expanded carrier screening, which evaluates hundreds of genetic conditions to identify potential risks that could affect embryo health or pregnancy outcomes.

Psychological Evaluations

Gestational carriers and intended parents undergo psychological evaluations to assess emotional readiness, mental health stability, and understanding of the surrogacy process. These evaluations are conducted by licensed professionals and help ensure that all parties are entering the arrangement with informed consent and realistic expectations.

Infectious Disease Testing

Federal and clinic-specific guidelines require thorough infectious disease screening for all parties. This includes testing for HIV, hepatitis, syphilis, and other transmissible conditions. These tests are typically performed within 30 days of embryo transfer or egg retrieval to ensure compliance with FDA and ASRM standards.

Medical Eligibility and Pre-Cycle Workup

Before any treatment begins, AFCC conducts a pre-cycle medical evaluation that includes hormone panels, ultrasounds, and uterine evaluations for gestational carriers. Intended parents may also undergo fertility testing such as AMH levels, thyroid tests, and semen analysis to confirm their reproductive health.

Legal Consent and Identity Disclosure

All participants must sign legal consent forms. AFCC collaborates with reproductive law experts to ensure that contracts are enforceable under Illinois law, which is known for its favorable surrogacy statutes. These agreements protect the rights and responsibilities of both carriers and intended parents.

Financial Transparency

While not part of the medical screening, AFCC ensures that all parties understand the financial obligations involved. Costs for screening and pre-cycle evaluations are outlined clearly by our team of financial counselors.

2. Thoughtful Matching

AFCC collaborates with trusted surrogacy agencies and legal experts to match intended parents with carriers who align with their values and expectations. Legal agreements are reviewed and signed before any medical procedures begin, and AFCC provides non-identifying donor profiles and medical histories to help guide decisions.

3. Comprehensive Medical Oversight

At the heart of our gestational carrier program is a meticulous and compassionate medical process designed to optimize outcomes for both intended parents and gestational carriers. Our fertility specialists oversee every step of the IVF journey with precision, transparency, and care.

Initial Consultation and Personalized Planning

The process begins with a thorough consultation where our fertility specialists review medical histories, discuss patient goals, and develop a personalized treatment plan. This includes selecting the most appropriate protocols for egg retrieval, embryo creation, and transfer.

Egg Retrieval and Fertilization

Once the intended parent or donor undergoes ovarian stimulation, eggs are retrieved in a controlled outpatient procedure. These eggs are then fertilized using sperm from the intended parent or donor in one of our IVF labs.

Embryo Creation and Genetic Testing

Embryos are cultured and monitored for several days. AFCC offers Preimplantation Genetic Testing for Aneuploidy (PGT-A) to screen embryos for chromosomal abnormalities, increasing the likelihood of a healthy pregnancy and reducing the risk of miscarriage. This step is especially valuable for intended parents with known genetic risks or those seeking to transfer the most viable embryos.

Embryo Transfer and Early Pregnancy Monitoring

Once a gestational carrier is medically cleared, a selected embryo is transferred into her uterus. Our team closely monitors hormone levels and performs ultrasounds to confirm implantation and early pregnancy progression. Care continues throughout the surrogate's first trimester, ensuring her well-being and the pregnancy's stability.

Technology and Teamwork

Our success is driven by our use of state-of-the-art technology and a collaborative team of reproductive endocrinologists, embryologists, nurses, and genetic counselors. We ensure that every medical decision is informed, ethical, and aligned with the best interests of both the intended parents and the gestational carrier.

4. Coordinated Support and Ongoing Monitoring

A successful surrogacy journey depends on more than any single appointment—it relies on a tightly coordinated system of people, checkpoints, and clear communication. At AFCC, intended parents and gestational carriers are supported by a multidisciplinary team of reproductive endocrinologists, embryologists, nurses, genetic counselors, and financial coordinators, all working in concert with your surrogacy agency and legal counsel.

That structure translates into clear, milestone-based monitoring at every phase:

• Pre-cycle: Thorough medical, psychological, and legal clearances confirm that everyone is ready before treatment begins.

• Cycle and transfer: Carefully timed protocols, hormone monitoring, and ultrasounds guide egg retrieval, embryo creation, and transfer.

• Early pregnancy: Our team tracks hormone levels and performs ultrasounds to confirm implantation and follow the pregnancy through the first trimester.

• Graduation to OB care: Once the pregnancy is stable, the carrier transitions to her obstetrics provider with a clear, well-documented hand-off.

Throughout, dedicated coordinators keep all parties informed, and psychological support remains available to carriers and intended parents alike. This combination of rigorous oversight and steady communication is what keeps the process predictable, transparent, and reassuring—even across the many moving parts of third-party reproduction.

How AFCC Supports LGBTQ+ Families on This Journey

AFCC has long been a welcoming home for LGBTQ+ family building, and our gestational carrier program reflects that commitment at every step. For gay couples and single intended parents, that means:

• A clear, biology-aware plan. We help you decide how to use your own and/or donor gametes, coordinate egg donation when needed, and select protocols designed to give you the best chance of a healthy pregnancy.

• High success rates and advanced lab capabilities. Our CAP-accredited labs, PGT-A genetic testing, and consistently above-average IVF success rates give intended parents confidence in their outcomes.

• Seamless coordination with legal and agency partners. We work hand-in-hand with reproductive attorneys and surrogacy agencies experienced in LGBTQ+ family building, so your parentage protections are secured early.

• Care that sees you. From your first consultation onward, our team is committed to inclusive, respectful, judgment-free care for every kind of family.

Learn more about our LGBTQ+ fertility care and gestational surrogacy services.

Ready to Begin Your Journey?

Whether you're just starting to explore gestational surrogacy or you're ready to take the next step, the team at Advanced Fertility Center of Chicago is here to guide you with expertise, compassion, and integrity.

Schedule a consultation today to learn more about our gestational carrier program and how AFCC can help you build the family you've been dreaming of.

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