The Equality for Every Family Act and Illinois Surrogacy and Gamete Donation: What Would Change and How to Prepare

Equality for Every Family Act - Awaiting Review

As of November 14, 2025 HB2683 known as the “Equality for Every Family Act” has not been enacted. It was passed by the legislature, then vetoed by the Governor to correct typos in references to the amendments, but those changes have been made and it now awaits re-passage and Governor Pritzker’s approval. It is expected to pass soon. This article explains what would change when the bill becomes law so that intended parents, surrogates, and agencies can plan ahead.

Update (December 12, 2025): Governor JB Pritzker has signed the Equality for Every Family Act into law, and the measure is now in effect.

What HB2683 Is

HB2683, called the Equality for Every Family Act, would update the Illinois Parentage Act and the Gestational Surrogacy Act. The bill focuses on how parentage is established in gestational surrogacy, the minimum terms that belong in agreements, and the paperwork hospitals and the state use to recognize intended parents at birth. We present it in the same plain‑English format we use in our practical insurance and surrogacy explainers for families.

Language updates that recognize spouses in a gender‑neutral way

HB2683 rewrites key terms so the statutes read in gender‑neutral language and recognize both spouses, rather than “husband and wife.” The bill revises the definition of intended parent to “include, in the case of a married couple, both spouses” and replaces mother and father with parent where appropriate. It also updates the definition of donor to “a person who provides gametes,” while confirming that donors are not parents under assisted reproduction or gestational surrogacy provisions. These changes align the text with how Illinois already treats same‑sex married couples and other families formed through assisted reproduction.

What counts as assisted reproduction under HB2683

HB2683 would expand the definition of assisted reproduction to cover any method of achieving pregnancy other than sexual intercourse, including artificial insemination such as intrauterine, intracervical, or vaginal insemination, donation of gametes or embryos, in vitro fertilization and embryo transfer, intracytoplasmic sperm injection, and other assisted reproductive technology; it expressly excludes pregnancies achieved through intercourse. In practice, this would mean an at‑home insemination can qualify as assisted reproduction when the parties intend and consent to become parents through that method, even if no clinic is involved, so long as other statutory requirements are met. The bill also clarifies that a donor is not a parent under these provisions, and reinforces the importance of preparing written contracts before any third party assisted reproduction.

Two Ways To Establish Parentage

HB2683 creates two clear routes to establish parentage in gestational surrogacy. First, parentage can arise at birth by operation of law if required certifications from the parties, counsel, and physicians are completed and delivered to the birth hospital, with submission to the Illinois Department of Public Health under rules the department will issue. This is the current state of the law and discussed in this blog article. Second, families can obtain a court judgment of parentage on a standard record, with a short decision timeline when filings are complete.Both paths are intended to reduce uncertainty in labor and delivery and in vital records processing.

Do intended parents still need a genetic connection?

Previously gestational surrogacy in Illinois required intended parents have a genetic link to their child. The Gestational Surrogacy Act defines gestational surrogacy as using the gametes of at least one intended parent, and Section 46/709 of the Parentage Act requires certifications that the pregnancy was conceived with at least one intended parent’s gametes.

HB2683 removes the genetic‑link requirement from both the Gestational Surrogacy Act definition and the Section 46/709 certifications. The bill strikes the “at least one intended parent’s gametes” language. When enacted, intended parents would not need a genetic connection to be recognized as parents–this is a major and welcome change in the law that opens up surrogacy in Illinois to those who have donated embryos or both sperm and egg donations.

“Medical Need” for Surrogacy Changed to “Infertility” 

One part of Illinois’s requirements that is not fully changed is the medical need requirement. HB2683 replaces the current “medical need” affidavit for intended parents need to start their surrogacy journey to “infertility”. Instead of requiring a physician affidavit that you have a medical need for surrogacy, the bill would require that intended parents are experiencing infertility as defined in Section 356m(c) of the Illinois Insurance Code. That definition covers three pathways: not establishing or carrying a pregnancy to live birth after 12 months of trying (or 6 months if over age 35), an inability to reproduce as a single person or with a partner without medical intervention, or a physician’s findings based on history, age, exam, or testing. Removing the physician affidavit requirement is helpful to intended parents, because they need only represent they suffer from infertility, which includes LGBTQ intended parents not being able to conceive without assistance. 

Key Contract and Eligibility Requirements

The bill modifies existing requirements for an Illinois surrogacy agreement. Whereas previously each party would have independent counsel, now the counsel must both be Illinois‑licensed, with the intended parents paying the surrogate’s legal fees. Compensation and reimbursements would be held by an independent escrow agent that is now not affiliated with either side’s law firm. The surrogate would retain the right to choose her treating providers. The embryo transfer physician may be licensed in the state where the transfer occurs, which reflects common out‑of‑state clinic use. The prior law which required intended parents and surrogates to have had physical and mental health screenings are unchanged. 

Marital Status Changes Will Not Upend a Case

If the surrogate marries or divorces after signing, the agreement remains valid and the new spouse does not become a presumed parent. The same principle applies to intended parents if their marital status changes. The goal is to avoid last‑minute amendments and to keep hospital intake straightforward.

Termination Before Embryo Transfer

HB2683 provides a new section that provides instances where surrogacy agreements can be terminated.  Any party may terminate the agreement before an embryo transfer or between failed transfers by written notice. There are no penalties or liquidated damages for terminating, absent fraud. Intended parents remain responsible for agreed expenses that accrued up to the termination date. While this was how almost all surrogacy contracts are drafted in practice, it does not hurt to have these provisions added.

What This Means For Day‑of‑Birth Logistics

Hospitals will receive a single certification packet that confirms legal parentage at delivery, or an Illinois court judgment if the family chose that route.There is no change in Illinois Vital Records issuing the initial birth certificate with the intended parents named as parents. 

Bottom Line

For the past decade, Illinois residents have enjoyed the benefits of legalized surrogacy and gamete donation in the form of written law. Illinois will soon have a welcome update to the law which will broaden surrogacy and gamete donation to more intended parents. 

Tsong Law Group guides intended parents, surrogates, and donors through assisted reproduction in Illinois and across the country. Our attorneys are licensed in California, New York, Illinois, Washington, Arizona, and Oklahoma. If you are planning egg donation or surrogacy, we can review your agreements, insurance, and hospital plan, and secure parentage. Contact our team to schedule a consultation.

This article is for informational purposes only and does not constitute legal advice. It does not create an attorney‑client relationship with the reader.