Illinois

PRE BIRTH OR POST BIRTH ORDER

Pre-birth filings only; no judgment is required.

Process begins at week 14 of the pregnancy.  File the necessary documents with the delivery hospital and vital records office in advance of the birth to ensure the birth certificate will reflect the Intended Parents' names.


Married Hetero Couple

Unmarried Hetero Couple

Married Same-Sex Couple

Unmarried Same-Sex Couple

Single Parent

One Bio Connection

Two Bio Connections

No Bio Connections


Acceptance of California Pre-birth order

Unknown.

Due to the ease and cost, it is more efficient to use IL administrative process.

In advance of birth, email the signed certifications to:

Joellen Compagni Joellen.Compagni@Illinois.gov

and cc:

Yenny Jimenez Yenny.K.Jimenez@illinois.gov

Once IDPH receives and proofs the certifications, an email will be sent with approval or with a request for corrected documents. Original certifications should be sent to the delivery hospital.


Birth Certificates

Timing - Varies by county, but the typical time frame is 5 business days.

Title - Parents can choose to be listed as father, co-parent, or mother.

GC - The initial birth certificate can include the name of the GC with the name of an IP with a post-birth order only.  The birth certificate can later be revised to remove the name of the GC.


statutes / case law

Gestational Surrogacy is permitted by statute,  750 ILCS 47/1 – 47/75.

Is there a statute or published case law that addresses the rights of a donor over the resulting eggs, sperm, embryo or child?  No.
 

Venue

County of the child's birthplace.

Do results vary by venue?  No.

Are motions to waive venue accepted?  No


Electronic signatures / e-notarizaTIONS

Traditional signatures and traditional notarizations required.


Second / step parent adoptions

Can the non-biological parent in a same-sex couple obtain a second parent adoption based solely on the fact that the child was born in the state (i.e., neither of the Intended Parents lives in the state)?  Yes.

Will courts grant second parent adoptions or stepparent adoptions to heterosexual couples living in the state?  Yes.

Does the couple need to be married?  No.
 
Will courts grant second parent adoptions or stepparent adoptions to same-sex couples living in the state? 
Yes.

Does the couple need to be married?  No.