The Rights of Sperm Donors and Surrogates

 Posted on March 26, 2026 in Paternity

Not everyone can get pregnant naturally. If that is your situation, you may be thinking about surrogacy or sperm donation. These are both valid ways to build a family. But you need to know that sperm donors and surrogate mothers have legal rights in Illinois. If you do not set up the right agreements before the baby is born, things can go wrong. 

Illinois also updated its surrogacy laws in December 2025 so if you explored this topic before, then some of that information is now out of date. A Wheaton family law attorney can explain what the law says in 2026 and how it affects your plans.

Does a Sperm Donor Have Parental Rights in Illinois?

The Illinois Parentage Act of 2015 (750 ILCS 46/702) says that an anonymous sperm donor is not a legal parent. That means he has no parental rights and does not owe child support. This rule applies when a child is conceived through assisted reproduction, which Illinois law defines broadly. Even so, it is important to have clear written consent and legal guidance before conception. Most anonymous sperm bank donations meet this standard. Sperm banks work with licensed medical professionals, so the process is usually protected.

Known donors are a different story. A known donor is someone you personally know, such as a friend or family member, who donates sperm directly to you. Private agreements between two people that try to sign away parental rights are often not enforceable in court. Judges have found too many problems with these informal deals. 

If the right legal steps are not taken, the donor could end up with parental rights he did not want. He could also be ordered to pay child support. This is true even if both parties thought their private agreement would hold up. Talk to a family law attorney before any donation takes place. It is the safest way to protect everyone involved.

What Rights Does a Surrogate Mother Have in Illinois?

Illinois has allowed gestational surrogacy since 2005. Gestational surrogacy is when a surrogate carries a baby she is not biologically related to. The embryo is made from the intended parents' or donors' genetic material. It is then placed in the surrogate's womb. This process is covered by the Gestational Surrogacy Act (750 ILCS 47/1 through 47/75).

Traditional surrogacy is different. In traditional surrogacy, the surrogate uses her own egg. That makes her the biological mother of the child. Courts may favor her parental rights in a dispute. Most Illinois family law attorneys strongly advise against traditional surrogacy for this reason.

When gestational surrogacy is set up correctly, the intended parents and surrogate sign a written agreement before any medical steps begin. The right paperwork must be filed with the hospital and the Illinois Department of Public Health before the baby is born. When that happens, the intended parents' names go on the birth certificate. The surrogate's name does not. This protects everyone and ends the surrogate's parental rights in nearly every case.

What Did Illinois’s New Equality for Every Family Act Change About Surrogacy?

In December 2025, Illinois passed the Equality for Every Family Act through Public Act 104-448, which updated the state’s parentage and surrogacy laws. This is the biggest change to Illinois surrogacy law in years. It affects anyone planning a surrogacy in 2026. Here is what is new:

• The genetic connection rule is gone. The old law said at least one intended parent had to be genetically related to the child. That rule no longer exists. Families using a donated embryo, or both donor sperm and donor eggs, can now use the gestational surrogacy process in Illinois. They do not have to adopt the child afterward.

•  "Medical need" is now "infertility." Before, intended parents needed a doctor's written statement proving a medical need for surrogacy. Now, they just need to confirm they are experiencing infertility under the Illinois Insurance Code. This covers more people, including single individuals who cannot have children without medical help.

• There is now a second way to establish parentage. Before this law, families could only use an administrative process completed before the birth. Now, families can also get a court order after the paperwork is filed. This helps same-sex couples and international intended parents who want stronger legal protection.

• Surrogate pay must go through an escrow account. Any money paid to the surrogate must be held by an escrow agent. That agent cannot be connected to either party's law firm.

• The surrogate must have her own Illinois-licensed attorney. The intended parents must pay for that attorney.

According to the Centers for Disease Control and Prevention, about 2.6 percent of all babies born in the United States are conceived using assisted reproductive technology. The new law reflects how much demand has grown for these services, and how Illinois law provides a clear legal process for gestational surrogacy.

What Happens if the Surrogacy Agreement Is Not Done Correctly?

Even in Illinois, a state with clear surrogacy laws, mistakes can cause big problems. If the required paperwork is not filed with the hospital and the Illinois Department of Public Health before the baby is born, the process breaks down. The intended parents would then need a court order after the birth to establish parentage. That takes longer and is more stressful for everyone.

For sperm donors, if the donation was not made through a licensed doctor and the right agreement was not signed, parental rights can become unclear. That can lead to a legal dispute over who the child's parents are. These cases are hard on families. They are also avoidable. The right legal steps from the start make all the difference.

Contact a DuPage County, IL Family Law Attorney for a Free Consultation

Illinois surrogacy and donor law can be hard to navigate, especially with the December 2025 changes. You do not have to figure it out alone. The experienced Wheaton family law lawyers at Andrew Cores Family Law Group are ready to help. Whether you are an intended parent, a surrogate, or a donor with questions about your rights, we offer free consultations. Call 630-871-1002 today.