Chicago LGBTQ Surrogacy Attorneys

Experienced LGBTQ+ Family Law Firm in Chicago

For same-sex couples who wish to have children, it is essential to do what is necessary to protect their rights as parents from the moment they begin the surrogacy process. It is an area of law that is constantly changing, so if you are thinking of growing your family by seeking a surrogate, the legal team at Nottage and Ward, LLP can help. Our Chicago LGBTQ+ surrogacy attorneys could provide the legal advice and guidance you need to navigate your case. Call us today at (312) 332-2915 to schedule a consultation with a member of our team to get started.

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Legal Considerations for LGBTQ+ Surrogacy

Under the Illinois Gestational Surrogacy Act, gestational surrogacy is officially recognized. When one of the partners donates sperm and an egg from a donor is implanted in a surrogate mother, this is known as gestational surrogacy. Under these circumstances, the same-sex couple does not have to attend court to be declared the child’s parents. That said, it is still essential for them to meet certain requirements and to sign all the necessary agreements. Separate surrogacy attorneys are required for both parties.

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What is a Surrogacy Agreement?

Surrogacy agreements are designed to protect both the intended parents and the surrogate. A variety of stipulations will be addressed within the agreement, including:

• Compensation the surrogate will receive
• The behavior of the surrogate throughout the pregnancy
• Each party’s obligations to one another
• If there is to be any contact after the child is born
• Agreements made regarding any issues that may arise, such as the need for the termination of a fetus or selective reduction

If the contract is followed and all requirements are met, the intended parents’ names will be on the child’s birth certificate.

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Finding a Surrogate

There are different types of surrogacy options available, including traditional and gestational. With traditional surrogacy, the surrogate’s eggs are used, and she would be the biological mother. With gestational surrogacy, the surrogate would not be biologically related to the child. Traditional surrogacies can be riskier in the legal sense because the surrogate would still be listed as the child’s mother on the birth certificate. She would have to give up her parental rights and the non-biological father must take the proper steps to legally become the child’s parent.

There are many surrogacy agencies available in Illinois, which provide everything from screening to case management and counseling services for intended parents and surrogates. These are important services as you will want to ensure a successful surrogacy arrangement. You could also opt for an independent surrogate.

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The Surrogacy Process

If you have decided to move forward with the surrogacy process, you should first have an idea of what to expect. Here is a brief overview of the steps involved:

• If you are opting to go through an agency, you will first choose a surrogacy agency you believe will help facilitate a successful arrangement.
• The agency will help you find a surrogate match who will help you grow your family.
• Before you can proceed with your chosen surrogate, you will have to get all the legal details sorted out. All parties must be represented by surrogacy attorneys, a contract must be drafted, and everything must be completed in accordance with the law.
• Assuming you opted for gestational surrogacy, the surrogate will receive fertility medications ahead of the embryo transfer. After the embryo is created in a lab using the donated eggs and sperm, it will be transferred to the surrogate’s uterus.
• The baby is born, and the intended parents can welcome a new child into their lives.

Although no one likes to think about the prospect of ever divorcing their spouse, having a solid surrogacy agreement in place could protect your parental rights if you ever choose to dissolve your marriage in the future.

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Schedule a Consultation with an Experienced Chicago Surrogacy Attorney Today!

If you and your spouse would like to grow your family, surrogacy might be the path for you. At Nottage and Ward, LLP, our Chicago LGBTQ family law attorneys are experienced in handling these matters and could assist you throughout every step of the process. Call us today at (312) 332-2915 to schedule a consultation.

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Additional Information

• Illinois Gestational Surrogacy Act