Lauren Karkazis
Associate Editor
Loyola University Chicago School of Law, JD 2028
On December 12, 2026, Illinois Governor JB Pritzker signed into law the Equality for Every Family Act (EEFA), amending state parentage laws, including the Illinois Gestational Surrogacy Act (Act). The EEFA includes language changes inclusive of nontraditional families and updates to medical requirements for gestational surrogacy contracts. The updated Act will further facilitate gestational surrogacy arrangements by improving the process for establishing parental rights to resulting children. These changes are a step in the right direction to expand access to reproductive care for same-sex couples and single parent households, especially in the face of political pushback against gestational surrogacy.
The Equality for Every Family Act’s changes to surrogacy access
Gestational surrogacy is a process through which an individual is implanted with a fertilized embryo that is not genetically related to them; afterward, the individual, also referred to as a gestational surrogate, carries the child to term. Gestational surrogacy is a popular option in Illinois for couples experiencing fertility issues, with the state ranking third in the country for most births resulting from gestational surrogacy. Additionally, 5.6% of all American gestational surrogates reside in Illinois.
The Act establishes eligibility criteria and procedural safeguards for both gestational surrogates and the embryo’s intended parents. It requires that a gestational surrogate be a physically and mentally healthy individual over the age of 21 who has previously given birth to a healthy child. Furthermore, the gestational surrogate must be represented by legal counsel and possess a health insurance policy that covers pregnancy-related conditions. Additionally, intended parents must be mentally healthy individuals over the age of 21 who are unable to sustain a pregnancy and be represented by legal counsel. Finally, the Act regulates the formation of gestational surrogacy contracts and parental rights for any resulting children. Such contracts are only valid if they are signed by both parties before the commencement of any medical procedures beyond physical and mental examinations for eligibility determinations. The contract must also state that the gestational surrogate will immediately surrender the child to the intended parents’ custody upon birth.
In addition to the inclusion of eligibility criteria and procedural safeguards, many previous requirements of the Act have now been removed or amended by the EEFA. For example, intended parents are no longer required to provide a physician’s certification of a medical need for gestational surrogacy. Instead, intended parents must be experiencing infertility under the broad definition of the Illinois Insurance Code, which includes same-sex couples and single individuals. Additionally, intended parents no longer need to contribute their own reproductive cells to the pregnancy; they may instead choose to use a donated ova and sperm cells. The Act also no longer refers to intended parents as “husband and wife”, instead using gender-neutral language such as “parent” or “couple.” Furthermore, the EEFA supports same-sex couples by easing their process to establish parental rights over their children produced by surrogacy. The EEFA mandates that intended parents will automatically gain custody of children born through gestational surrogacy regardless of age, sex, gender, marital status, sexual orientation, or biological relation to the child.
Nontraditional Illinois families are protected from political barriers to reproductive medicine
The EEFA provides an update to the outdated language and requirements of the Act. The updated provisions help ensure equal access to reproductive health care services and cement Illinois as one of the most accommodating states for couples and individuals seeking fertility treatments. These amendments ensure that the Act will remain inclusive of developments in gestational surrogacy, such as the use of two donor reproductive cells. While access to gestational surrogacy is protected in Illinois by the Act, it is under worldwide threat due to political pushback against modern reproductive medicine. Conservative and religious criticism of surrogacy argues that children should not be the object of a contract and compare surrogacy to child trafficking, while more progressive movements criticize surrogacy as exploitive of the gestational surrogate’s labor. The EEFA is an important protection of same-sex couples’ and single parents’ access to reproductive care, ensuring that Illinois will remain an inclusive state for all families.