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The success and achievements of medical technology in the recent years have resulted in many new ways to create a family. Assisted Reproductive Technology (ART) is becoming one of the fastest growing options for family building. In Illinois, however, there are few laws regulating this area and yet intended parents, donors and surrogates are asked to sign legal agreements and contracts.
Fortunately, Illinois did pass the Gestational Surrogacy Act, which became effective in January 2005. The establishment of this act enabled Illinois to set a basic level of standards and procedural safeguards to ensure the protection of all parties involved in a gestational surrogacy contract. In addition, the Gestational Surrogacy Act provides guidelines for confirming the legal status of children who are born as a result of these contracts.
In plain language, Illinois is considered one of the more Òsurrogacy friendly statesÓ. If you meet ALL of the requirements of the IL Gestational Surrogacy Act and you are working with an Illinois surrogate and the child is born in Illinois then the act allows for the Intended ParentsÕ names to go directly on the childÕs birth certificate without needing any further consent from the surrogate and there is no need to do an adoption.
Although this Act provides some guidance in this area of law, it does not cover many of the critical components that should be addressed in a well-drafted surrogacy contract. Moreover, given the sensitive nature of these legal agreements, it is critical that clients seek out counsel experienced in surrogacy law that can advise them accordingly.
As an attorney practicing in the area of ART and surrogacy I have the:
- KNOWLEDGE of the applicable statutes
- UNDERSTANDING of the established caselaw
- ABILITY to advise you regarding what has been recognized by some as a minimum level of acceptable standards in the area
- WILLINGNESS to offer competent and compassionate legal advice to clients from beginning to end.
My legal services include:
- Reviewing and negotiating fertility clinic contracts;
- Drafting a surrogacy contract on behalf of a Gestational Carrier
- Drafting a surrogacy contract on behalf of Intended Parent(s)
- Reviewing a surrogacy contract on behalf of a Gestational Carrier
- Reviewing a surrogacy contract on behalf of Intended Parent(s)
- Drafting an Egg Donor Agreement on behalf of a Donor Recipient
- Reviewing an Egg Donor Agreement on behalf of a Donor Recipient
- Reviewing an Egg Donor Agreement on behalf of a Egg Donor
- Pre-birth, Domestic Partner Agreements
I represent only surrogates, intended parents, egg recipients, or egg donors. I do not represent medical clinics, which allows me to offer independent and impartial advice regarding Surrogacy and Assisted Reproductive Technology contracts.
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