UPDATE: The Equality for Every Family Act (HB2683) was signed into law by Governor JB Pritzker in December 2025 and is now in effect. Bold text throughout this article reflects changes under the new law. Read the full breakdown here . Overview of the Illinois Gestational Surrogacy Act Since 2005, the state of Illinois has had a surrogacy law on the books. Unlike other states, the Illinois Gestational Surrogacy Act has a few requirements that are distinct and not found in oth