How to Become a Surrogate in Illinois
Illinois is the best state in America to be a surrogate, and it isn’t close. It has had a dedicated surrogacy statute since 2005, your compensation is legally enforceable, and — uniquely — the whole parentage process happens without you ever setting foot in a courtroom. Here’s what you need to qualify and what you’ll be paid.
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Do you qualify to be a surrogate in Illinois?
Illinois is one of only two states on this site where the eligibility criteria are written into law rather than left to agency policy. Under the Illinois Gestational Surrogacy Act (750 ILCS 47/20), a gestational surrogate must, at the time the contract is signed:
- Be at least 21 years old
- Have given birth to at least one child
- Have completed a medical evaluation
- Have completed a mental health evaluation
- Have had independent legal consultation about the contract’s terms and consequences
- Hold a health insurance policy covering major medical treatment and hospitalisation, running throughout the pregnancy and for eight weeks after the birth
That last one deserves attention. Illinois is the only state in the region that makes postpartum coverage a legal requirement rather than a negotiating point. Eight weeks after delivery is exactly when complications surface, and Illinois law will not let an agreement proceed without it. The intended parents can and normally do buy that policy for you.
Set by the agency and clinic on top of the statute:
- An upper age limit, usually around 40–45
- You’re raising the child you gave birth to
- No nicotine — cigarettes, vapes, pouches, patches. Typically 6–12 months clear, and expect a test
- No drug use, in your household as well as by you
- A background check, for you and your partner
- U.S. citizenship or permanent residency
More flexible than you’d expect:
- BMI. Most clinics want 19–32, some to 35. A few points over usually means “let’s get you there,” not “no.”
- C-sections. Two is standard, three often workable. How you healed matters more than the count.
- Tubal ligation. Irrelevant — embryo transfer bypasses your tubes.
- Endometriosis. Usually fine. It affects conceiving, not carrying.
- HSV-2. Not disqualifying at most programmes.
- Hashimoto’s or hypothyroidism. Usually fine if well controlled with TSH in range.
- Single, unmarried, or LGBTQ+. Doesn’t affect eligibility.
Raise these early:
- A history of intrahepatic cholestasis of pregnancy (ICP). Recurs often and carries real risk; most programmes decline or require maternal–fetal medicine clearance.
- Preeclampsia or HELLP previously. Depends on severity and timing.
- Antidepressants or other psychotropic medication. Policies vary. Ask before applying; don’t stop medication to qualify.
- Gestational diabetes. Diet-controlled and resolved, usually fine.
- Still breastfeeding. Fully weaned, typically 2–3 months before medication.
| Requirement | Illinois standard | Set by |
|---|---|---|
| Minimum age 21 | Hard requirement | State law |
| Prior birth | At least one | State law |
| Medical evaluation | Before signing | State law |
| Mental health evaluation | Before signing | State law |
| Independent legal consultation | Before signing | State law |
| Health insurance through pregnancy + 8 weeks | Required | State law |
| Upper age limit | Usually 40–45 | Agency / clinic |
| BMI | 19–32, some to 35 | Clinic |
| C-sections | Usually up to 2–3 | Clinic |
| Nicotine | None, 6–12 months | Agency / clinic |
Unsure whether a past complication, your BMI, or a third C-section rules you out? The questionnaire covers all of it.
Check my eligibility →
What surrogates are paid in Illinois
Illinois is a mature, competitive surrogacy market with a large concentration of agencies and clinics around Chicago. That works in your favour: more intended parents are looking here than in most states, and rates reflect it.
First-time surrogates: $65,000+ total. Experienced surrogates: $75,000+ total.
That splits into two parts — your compensation, and your expenses.
Your compensation: a sample of $50,500
Applying to become a surrogate through SurroAdvisor lets you choose your fee structure rather than getting handed a fixed number, so this is a representative schedule rather than a quote. What’s unusual — and worth paying attention to — is that we publish when each payment lands, which almost no nobody else does.
| When you’re paid | Amount |
|---|---|
| At match | $1,250 |
| At medical clearance | $500 |
| At legal clearance | $1,000 |
| When you start medication | $500 |
| At embryo transfer | $1,000 |
| At hCG pregnancy confirmation | $1,000 |
| At heartbeat confirmation | $3,500 |
| Monthly during pregnancy (8 payments of $5,000) | $40,000 |
| Wellness package | $1,750 |
| Sample base total | $50,500 |
Experienced surrogates add $10,000, taking a comparable schedule to roughly $60,500.
Your expenses: $15,000–$20,000+ on top
Separate from your fee and not deducted from it: $300 monthly allowance with no receipts; all lost wages, yours and your partner’s; travel and a travel companion; family allowance for overnights away; weekly bed rest allowance; post-birth medical leave, 6–8 weeks; maternity clothing; medical insurance and all medical costs; life insurance; your own attorney’s fees; mental health support.
In Illinois, two of those aren’t optional extras — the statute requires you to have independent legal consultation and to hold health insurance running eight weeks past the birth.
Your payments are held in third-party escrow, so the money is set aside independently rather than depending on the intended parents paying on time. In Illinois you also have a statute behind you: gestational surrogacy contracts are expressly enforceable here, so your compensation terms are backed by law as well as by escrow.
Three things about the money nobody else will tell you
It is very likely taxable. The “non-taxable reimbursement” argument circulating online is unsettled and the IRS has not endorsed it. Most tax professionals treat surrogate compensation as taxable income, and some agencies issue a 1099. Budget as though it’s taxable and speak to a CPA before you sign.
It can affect Illinois benefits. If your household receives Medicaid or HealthChoice Illinois, SNAP, TANF or the Child Care Assistance Program, surrogate compensation counts as income and could take you over an eligibility threshold. Illinois Medicaid also generally won’t cover a surrogate pregnancy — which is partly why the statute requires a separate policy. Get advice on timing before you match.
Compare total packages, not base pay. Chicago-market quotes vary widely and some agencies advertise headline numbers that assume an experienced surrogate carrying twins. Ask for a written payment schedule with dates attached, as above, rather than a range.
The questionnaire tells you which fee structure you’d qualify for and what your schedule would look like.
See what I’d be paid →
Is surrogacy legal in Illinois?
Yes — Illinois has one of the strongest and clearest surrogacy laws in the country, and has had it for twenty years.
The Gestational Surrogacy Act (750 ILCS 47/1–47/75) took effect on 1 January 2005. It expressly permits gestational surrogacy, permits compensation, sets out exactly what a valid contract must contain, and makes those contracts enforceable. Married couples, unmarried couples, single people and LGBTQ+ intended parents are all covered.
The part that matters most to you: you never go to court
This is what genuinely separates Illinois, and almost nobody explains it from the surrogate’s side.
In most states, parentage is transferred by a judge — before the birth if you’re lucky, after it if you’re not. In Missouri it can’t happen until after delivery at all. In Illinois there is usually no court case whatsoever.
Provided the statutory requirements are met, both attorneys sign certified statements on forms prescribed by the Illinois Department of Public Health, witnessed by two independent adults, and the originals are delivered to the director of medical records at your delivery hospital before the birth. That’s it. The intended parents go straight to Vital Records.
Under 750 ILCS 47/15, parental rights vest in the intended parents immediately upon the birth of the child. And practically:
Your name never appears on the birth certificate. Neither does your husband’s or partner’s. Not provisionally, not pending an order, not at all. Compare Missouri, where you could be the legal mother for several days after delivery, or Indiana, where the agreement itself is void by statute. In Illinois, from the first moment, the child is legally theirs and you are legally not the mother.
The one question to ask. Because the whole thing hinges on paperwork filed before delivery, ask your attorney directly: have the certified statements been filed with the Illinois Department of Public Health and delivered to my delivery hospital? If the answer is yes, the administrative route works and nobody sees a judge. If the paperwork is missed, everyone ends up in court unnecessarily.
One limitation worth knowing
The streamlined administrative route requires at least one intended parent to be genetically related to the child. If your intended parents are using both a donor egg and donor sperm, they can still do surrogacy in Illinois — they simply have to petition a court for a parentage order instead of using the administrative process. That’s their issue rather than yours, but it changes the timeline, so it’s fair to ask early.
Traditional surrogacy — using your own egg — is not covered by the Act. It’s permitted in Illinois but treated much like a stepparent adoption, and a traditional surrogate cannot give up her maternity rights until at least 72 hours after the birth. Agencies don’t do it and you shouldn’t consider it.
What the process looks like in Illinois
Twelve to eighteen months from application to birth.
Month 1 — Application and matching. You apply, we review your history, and you speak to the agency. Matching typically takes one to three months and you have a say — you’re not assigned to anyone. Illinois has a deep pool of intended parents, so matching here is often faster than in smaller states.
Months 2–3 — Screening, which Illinois law requires anyway. Bloodwork, an infectious disease panel, a saline sonogram or hysteroscopy, and a mental health evaluation. In Illinois both the medical and mental health evaluations are statutory conditions of a valid contract, not just clinic policy. Your partner is screened too. If you’re in Rockford, Peoria, Champaign or southern Illinois, expect to travel to the Chicago area for monitoring, reimbursed.
Month 4 — Contracts and certified statements. You get your own attorney, chosen by you and paid for by the intended parents — a statutory requirement here. The agreement must be signed before any medical procedure other than the required evaluations. Your attorney also prepares the IDPH certified statement that makes the administrative parentage route work.
Months 5–6 — Medication and transfer. Estrogen and progesterone to prepare your lining, monitored by ultrasound and bloodwork. The transfer takes minutes and needs no anaesthetic. A pregnancy test around ten days later. Not every transfer works first time; that’s normal and covered.
Months 6–15 — Pregnancy. Care with your own OB or a practice the clinic refers you to. Before you get near your due date, confirm the certified statements have reached your delivery hospital.
Birth and after. You deliver at an Illinois hospital you choose. The intended parents are the child’s legal parents from the moment of birth. There is no hearing, no order, no adoption, and your name doesn’t go on the certificate. Your health coverage continues for eight weeks afterwards by law, and you recover with support.
The first step is 12 questions about your pregnancy history. If you’re not a fit, we’ll say so straight away.
Start the questionnaire →
The risks, honestly
Any page listing only the rewards is selling you something. Illinois removes the legal risk almost entirely. It removes none of the rest.
Physical. Every risk of pregnancy again: gestational diabetes, preeclampsia, hyperemesis, preterm labour, haemorrhage, an unplanned C-section. IVF pregnancies carry a modestly elevated rate of some complications. If a previous pregnancy was difficult, it can be again. Maternal mortality in the US is low but not zero, and that deserves saying plainly.
The medication is not nothing. Weeks of injections, with bruising, mood swings, headaches and bloating. Most describe it as irritating rather than awful. Some find it harder.
Emotional. Most gestational surrogates don’t experience the grief people expect. But postpartum depression is as possible for you as for any birth, and there’s a flatness some women describe when the intensity ends. Use the counselling — and note that Illinois guarantees you eight weeks of coverage precisely because this period matters.
Relational. Your partner signs paperwork too. Your children will have questions. Families who talk it through in advance do much better.
Failed transfers and loss. Not every transfer takes, and miscarriage happens at roughly the general rate. It’s hard to carry when it wasn’t your pregnancy to lose, and it’s the least-discussed part of this.
The relationship may not be what you hoped. Some surrogates stay close to the families they carried for; some drift. Knowing that stops it reading as failure.
The paperwork risk is small but real. Illinois’s administrative route is excellent when it’s done properly and a nuisance when it isn’t. A missed filing means a court process nobody planned for. Use an attorney who does this regularly.
How we make money
SurroAdvisor is free for you and always will be. When we match you with an agency and you’re accepted into their programme, they pay us a fee. You are never charged, and your compensation isn’t reduced because you came through us.
We think you should know that, and we think it should change how you read this page. It’s also why we only work with just one, trusted, agency partner — based right here in the Midwest — rather than listing everyone who’ll pay us. We’d rather send you somewhere we’d send a friend, in fact we worked with them ourselves for our own surrogacy journeys.
What we do that contacting an agency directly doesn’t:
- We tell you if you don’t qualify before you spend six weeks on an application
- We know which programmes will look at a third C-section, a BMI of 34, HSV-2 or a history of preeclampsia
- In Illinois specifically, we’ll make sure you’re asking whether the IDPH certified statements have been filed — the single administrative step the whole process depends on
Common questions from Illinois surrogates
Is surrogacy legal in Illinois?
Yes, and it’s among the clearest legal positions in the country. The Illinois Gestational Surrogacy Act has been in force since January 2005. It permits gestational surrogacy, permits compensation, makes the contracts enforceable, and lets parentage be established administratively without any court involvement. Married couples, unmarried couples, single people and LGBTQ+ intended parents are all covered.
Will my name be on the birth certificate?
No — and neither will your husband’s or partner’s. Provided the statutory paperwork is filed before the birth, the intended parents are named on the original certificate and you appear nowhere on it. This is one of the biggest practical differences between Illinois and states like Missouri, where you could be recorded as the legal mother for several days after delivery.
Do I have to go to court?
Almost certainly not. Illinois allows parentage to be established administratively: both attorneys file certified statements on IDPH forms before the birth, the originals go to your delivery hospital, and the intended parents deal directly with Vital Records afterwards. No hearing, no judge. A court order is only needed if the statutory requirements weren’t met or if neither intended parent is genetically related to the child.
Do I need my own lawyer?
Yes, and it’s a statutory requirement rather than a courtesy. Illinois law requires you to have had independent legal consultation about the contract before you sign, and the intended parents pay for it. Never use their attorney.
Is it true I have to have health insurance?
Yes, and this is unusual. Illinois law requires you to hold a policy covering major medical treatment and hospitalisation that runs throughout the pregnancy and for eight weeks after the birth. The intended parents normally buy it for you. It’s one of the strongest protections in the statute, because the weeks after delivery are exactly when complications appear.
Can I be paid to be a surrogate in Illinois?
Yes. Compensated gestational surrogacy is expressly permitted, compensation must be reasonable, and the terms are enforceable under the Act. Illinois is also a competitive market with a lot of intended parents, which tends to help.
Can I be a surrogate if I’ve had a C-section?
Yes. Two prior C-sections is standard at most programmes and three is often workable. The clinic assesses how your uterus healed, whether you had complications, and what imaging shows. Start requesting your operative reports now — hospital records take longer to arrive than people expect.
Can I be a surrogate if I had cholestasis of pregnancy?
Usually not, and it’s better to know now. Intrahepatic cholestasis recurs in a large proportion of subsequent pregnancies and is associated with increased risk to the baby, so most programmes decline or require maternal–fetal medicine sign-off. Raise it in your first conversation.
Can you be a surrogate with Hashimoto’s disease?
Very often yes, if it’s well controlled on levothyroxine with your TSH in the target range. Thyroid function is monitored closely in any IVF pregnancy, so clinics are comfortable managing it. Bring recent labs.
Can you be a surrogate with endometriosis?
Usually yes, which surprises people. Endometriosis mainly affects conceiving rather than carrying, and you’ve already demonstrated you can carry to term. Your uterine cavity is checked during standard screening.
Can you be a surrogate with HSV-2?
Generally yes. It’s managed with suppressive antiviral medication from around 36 weeks and a C-section if there are active lesions at delivery. Most programmes accept HSV-2 positive surrogates. Disclose it at application — it’s a planning conversation, not a disqualification.
Can I be a surrogate if I’m on antidepressants?
It depends on the programme. Some require six to twelve months off psychotropic medication; others accept stable long-term SSRI use with clearance from the evaluating psychologist. Illinois requires a mental health evaluation regardless. Don’t stop your medication to qualify — speak to your prescriber and to us first.
I’ve had my tubes tied. Does that disqualify me?
No. Gestational surrogacy places an embryo directly into your uterus, so your fallopian tubes aren’t involved. An IUD needs removing and Depo-Provera needs a wash-out period, but neither is a barrier.
What if my BMI is over the limit?
Most clinics want under 32, with flexibility to around 35. At 34 or 36 the usual outcome is a conversation about reaching the threshold before transfer, not rejection.
Will surrogate pay affect Medicaid, SNAP, or child care assistance?
It can, and it’s the question we most wish women asked earlier. Surrogate compensation is income and may take your household over an eligibility threshold for HealthChoice Illinois, SNAP, TANF or the Child Care Assistance Program. If your family relies on any of these, get advice on the timing before you match.
Do I have to pay tax on it?
Assume yes. The “non-taxable reimbursement” theory is unsettled and unendorsed by the IRS. Set money aside and talk to a CPA before your first payment.
Do I need to live in Illinois?
You need to be a U.S. citizen or permanent resident. Living in Illinois — or planning to deliver here — is what gives Illinois courts and Vital Records jurisdiction, so it matters more than in some states. If you live near the border in Indiana, Wisconsin or Iowa, that’s worth a specific conversation, because the difference in legal protection between Illinois and Indiana in particular is substantial.
Can I choose the intended parents?
Yes. Matching runs both ways and you can decline a match, including after a first conversation. Think in advance about contact during pregnancy, any relationship afterwards, and how you’d each handle a difficult prenatal diagnosis. Mismatches on that last one cause more trouble than anything else.
What if I change my mind?
Before transfer you can withdraw, and your agreement sets out how. Once pregnant, you cannot be compelled to undergo any medical procedure. Beyond that, Illinois contracts are enforceable, so walking away from your obligations could carry financial consequences. This is why the contract stage matters and shouldn’t be rushed.
Does being a surrogate affect my own fertility?
There’s no evidence that carrying a gestational surrogacy pregnancy reduces future fertility, and many surrogates go on to have more children. The risks are those of any pregnancy: a C-section adds scar tissue, and a serious complication could have lasting effects.
Ready to find out where you stand?
If you’ve carried a healthy pregnancy, you’re 21 or over, you don’t use nicotine and you’re raising your own child, you’re likely eligible — and the questionnaire will tell you in about five minutes.
Illinois gives surrogates more legal protection than any state around it. If you were going to do this anywhere, here is a good place.
Check your eligibility
12 questions · about 5 minutes · free · no obligation
Your answers go to our team and the agency you’re matched with, and nowhere else.
More on surrogacy:
What is a surrogate mother? · Gestational vs traditional surrogacy · Surrogate health insurance · Surrogacy statistics · Glossary
Nearby states: Indiana · Wisconsin · Iowa · Missouri · Michigan
This page is general information, not medical, legal, or tax advice. Eligibility is determined by the fertility clinic and physician overseeing your care. Speak to an Illinois reproductive attorney before signing any agreement, and to a CPA before receiving compensation.