Jul 17, 2015 | Family Law

There are many couples in Illinois who want to have children. Many couples may have some issues getting pregnant, but, in most situations, they are eventually able to conceive. However, this is not always the case. There are a large number of couples who are not able to conceive for one reason or another. These couples could adopt, use in-vitro fertilization or could also use a surrogate in order to have children and start a family.

All of these options require the parent to go through legal channels in order to make the child their own. For instance, if a couple decides to use a surrogate, another woman is the one who carries and delivers the baby. So, the intended parents need to complete paperwork in order to legally establish the parent-child relationship.

The parents of the child must sign an acknowledgement of parentage. The surrogate mother must certify that she is carrying the child for the parents and is not the biological mother. If the surrogate mother is married, her husband must also certify that the child is not his biological child. The intended parents must certify that their egg and sperm were used or

an egg or sperm donor donated them.

A licensed physician must certify that the surrogate is carrying the child for the intended parents and attorneys for both the intended parents and surrogate mother must certify that the parties entered into a valid surrogacy contract. Then, the document must be witnessed by two adults who are not involved in the surrogacy. If these requirements are not met, then the surrogate mother could be presumed to be the mother of the child.

Many couples in Illinois are not able to conceive a child. If they want a family, they have to explore other methods, one of which is surrogacy. However, in order to ensure that the intended parents legally become the parents of the child, certain requirements must be met. Experienced attorneys understand these legal requirements and may be able to help achieve a couple’s dream of starting a family.

Source: Illinois General Assembly, “Families,” accessed on July 14, 2015