DuPage County Surrogacy Agreement Attorneys

Lawyers for Reproductive Rights and Egg or Sperm Donation Agreements in Wheaton, Naperville, and Surrounding Areas

There are a variety of situations in which parents may need assistance having children. If medical issues have affected a person's ability to conceive or bear a child, they may choose to have a child through a surrogate, or they may rely on a sperm or egg donor. These methods can also allow same-sex couples to have children who are genetically related to one parent. In these situations, a family law attorney can create legal agreements that will ensure that the rights of all parties involved are protected.

The law firm of McSwain Nagle Giese & Rapp, P.C. provides legal help to families in a wide variety of situations. With more than 100 years of combined legal experience, our lawyers know how the laws apply in situations involving reproductive rights. We will answer your questions about these matters and ensure that you understand your rights and responsibilities during conception, pregnancy, birth, and beyond.

Surrogacy Agreements

The Illinois Gestational Surrogacy Act (750 ILCS 47) addresses some specific situations in which a surrogate mother carries and gives birth to a child on behalf of another person or couple. This law describes the requirements that must be met when entering into a surrogacy agreement in cases where a child is conceived through in vitro fertilization using genetic material from at least one of the intended parents, and the surrogate mother has no genetic connection to the child.

A gestational surrogacy contract will state that after the child's birth, the intended parents will become the child's legal parents, and the surrogate mother or her spouse will not have any parental rights toward the child. A contract may also address the compensation that will be provided to the surrogate mother for her services, restrictions or requirements that apply to the surrogate mother during pregnancy, whether the surrogate mother will have a relationship with the child, and any confidentiality requirements that apply to the parties.

Our attorneys can ensure that all legal requirements are met when creating a gestational surrogacy contract, and we will ensure that the terms of the contract protect your rights and address your family's needs. We can also assist in creating surrogacy agreements in situations where the Gestational Surrogacy Act does not apply, such as when a surrogate mother is genetically related to the child.

Sperm or Egg Donation Contracts

The Illinois Parentage Act (750 ILCS 46/703) addresses parental rights when a child is conceived through the donation of genetic material from someone other than the child's intended parent. In cases involving anonymous donations, a donor will typically relinquish all parental rights to a child conceived through his or her donation. However, in cases where the donor and the intended parents have a relationship with each other or know each other's identity, a sperm or egg donation agreement may be needed to address the parties' rights and obligations.

Parties must enter into an egg or sperm donation contract before any insemination, in vitro fertilization, or embryo transfer occurs. In addition to specifying that a donor relinquishes all rights and responsibilities toward the child, a contract may also address the compensation provided to the donor, whether the donor will have the right to have contact with the child, what will be done with any unused sperm or egg donations or embryos, and confidentiality requirements that apply to the parties.

Contact a Kane County Reproductive Rights Agreement Attorney

In cases involving surrogacy or sperm or egg donations, all parties must be represented by independent legal counsel. Whether you are an intended parent, a surrogate mother, or a donor, we can ensure that your contract will protect your rights and meet your needs. Contact our office at 630-407-1200 to arrange a free consultation with our attorneys. We provide legal help in family law cases in Warrenville, Glen Ellyn, Carol Stream, Winfield, Naperville, Wheaton, Glendale Heights, and throughout DuPage, Kane, Kendall, Cook, and Will Counties.