2016 Illinois Compiled Statutes
Chapter 750 - FAMILIES
750 ILCS 46/ - Illinois Parentage Act of 2015.
Article 7 - Child of Assisted Reproduction

(750 ILCS 46/Art. 7 heading)

ARTICLE 7. CHILD OF ASSISTED REPRODUCTION (Source: P.A. 99-85, eff. 1-1-16; 99-763, eff. 1-1-17.)

(750 ILCS 46/701)
Sec. 701. Scope of Article. Except as described in this Article, this Article does not apply to the birth of a child conceived by means of sexual intercourse or a child born as a result of a valid gestational surrogacy arrangement meeting the requirements of the Gestational Surrogacy Act.
(Source: P.A. 99-763, eff. 1-1-17.)

(750 ILCS 46/702)
Sec. 702. Parental status of donor. Except as provided in this Act, a donor is not a parent of a child conceived by means of assisted reproduction.
(Source: P.A. 99-763, eff. 1-1-17.)

(750 ILCS 46/703)
Sec. 703. Parentage of child of assisted reproduction.
(a) Any individual who is an intended parent as defined by this Act is the legal parent of any resulting child. If the donor and the intended parent have been represented by independent counsel and entered into a written legal agreement in which the donor relinquishes all rights and responsibilities to any resulting child, the intended parent is the parent of the child. An agreement under this subsection shall be entered into prior to any insemination or embryo transfer.
(b) If a person makes an anonymous gamete donation without a designated intended parent at the time of the gamete donation, the intended parent is the parent of any resulting child if the anonymous donor relinquished his or her parental rights in writing at the time of donation. The written relinquishment shall be directed to the entity to which the donor donated his or her gametes.
(c) An intended parent may seek a court order confirming the existence of a parent-child relationship prior to or after the birth of a child based on compliance with subsection (a) or (b) of this Section.
(d) If the requirements of subsection (a) of this Section are not met, or subsection (b) of this Section is found by a court to be inapplicable, a court of competent jurisdiction shall determine parentage based on evidence of the parties' intent at the time of donation.
(Source: P.A. 99-763, eff. 1-1-17.)

(750 ILCS 46/704)
Sec. 704. Withdrawal of consent of intended parent or donor. An intended parent or donor may withdraw consent to use his or her gametes in a writing or legal pleading with notice to the other participants. An intended parent who withdraws consent under this Section prior to the insemination or embryo transfer is not a parent of any resulting child. If a donor withdraws consent to his or her donation prior to the insemination or the combination of gametes, the intended parent is not the parent of any resulting child.
(Source: P.A. 99-763, eff. 1-1-17.)

(750 ILCS 46/705)
Sec. 705. Parental status of deceased individual. If an individual consents in a writing to be a parent of any child born of his or her gametes posthumously, and dies before the insemination of the individual's gametes or embryo transfer, the deceased individual is a parent of any resulting child born within 36 months of the death of the deceased individual.
(Source: P.A. 99-763, eff. 1-1-17.)

(750 ILCS 46/706)
Sec. 706. Inheritance rights of posthumous child. Notwithstanding Section 705, the rights of a posthumous child to an inheritance or to property under an instrument shall be governed by the provisions of the Probate Act of 1975.
(Source: P.A. 99-763, eff. 1-1-17.)

(750 ILCS 46/707)
Sec. 707. Burden of proof. Parentage established under Section 703, a withdrawal of consent under Section 704, or a proceeding to declare the non-existence of the parent-child relationship under Section 708 of this Act must be proven by clear and convincing evidence.
(Source: P.A. 99-763, eff. 1-1-17.)

(750 ILCS 46/708)
Sec. 708. Limitation on proceedings to declare the non-existence of the parent-child relationship. An action to declare the non-existence of the parent-child relationship under this Article shall be barred if brought more than 2 years following the birth of the child.
(Source: P.A. 99-763, eff. 1-1-17.)

(750 ILCS 46/709)
Sec. 709. Establishment of parentage; requirements of Gestational Surrogacy Act.
(a) In the event of gestational surrogacy, in addition to the requirements of the Gestational Surrogacy Act, a parent-child relationship is established between a person and a child if all of the following conditions are met prior to the birth of the child:
(1) The gestational surrogate certifies that she did

not provide a gamete for the child, and that she is carrying the child for the intended parents.

(2) The spouse, if any, of the gestational surrogate

certifies that he or she did not provide a gamete for the child.

(3) Each intended parent certifies that the child

being carried by the gestational surrogate was conceived using at least one of the intended parents' gametes.

(4) A physician certifies that the child being

carried by the gestational surrogate was conceived using the gamete or gametes of at least one of the intended parents, and that neither the gestational surrogate nor the gestational surrogate's spouse, if any, provided gametes for the child being carried by the gestational surrogate.

(5) The attorneys for the intended parents and the

gestational surrogate each certify that the parties entered into a gestational surrogacy agreement intended to satisfy the requirements of the Gestational Surrogacy Act.

(b) All certifications under this Section shall be in writing and witnessed by 2 competent adults who are not the gestational surrogate, gestational surrogate's spouse, if any, or an intended parent. Certifications shall be on forms prescribed by the Illinois Department of Public Health and shall be executed prior to the birth of the child. All certifications shall be provided, prior to the birth of the child, to both the hospital where the gestational surrogate anticipates the delivery will occur and to the Illinois Department of Public Health.
(c) Parentage established in accordance with this Section has the full force and effect of a judgment entered under this Act.
(d) The Illinois Department of Public Health shall adopt rules to implement this Section.
(Source: P.A. 99-763, eff. 1-1-17.)

(750 ILCS 46/710)
Sec. 710. Applicability. This Article applies only to assisted reproductive arrangements or gestational surrogacy contracts entered into after the effective date of this amendatory Act of the 99th General Assembly.
(Source: P.A. 99-763, eff. 1-1-17.)