Surrogate Pay in Illinois (2026)
First-time surrogates in Illinois earn $50,000–$65,000 base compensation plus monthly allowances. See full breakdown below.
Surrogate Compensation in Illinois
First-Time Surrogate
| Base Compensation | $50,000 – $65,000 |
| Monthly Allowance | $3,000 – $6,000 |
| Maternity Clothing | $1,000 – $2,000 |
| Lost Wages | $3,000 – $10,000 |
| Total Potential | $57,000 – $83,000 |
Experienced Surrogate
| Base Compensation | $60,000 – $80,000 |
| Monthly Allowance | $3,000 – $6,000 |
| Maternity Clothing | $1,000 – $2,000 |
| Lost Wages | $3,000 – $10,000 |
| Total Potential | $67,000 – $98,000 |
Illinois Surrogacy Laws
Illinois has one of the oldest and most workable surrogacy frameworks in the country — the Gestational Surrogacy Act, 750 ILCS 47/, in force since 2005 and significantly modernized in December 2025.
Paid agreements are expressly authorized — and your money is protected
750 ILCS 47/25 expressly permits "reasonable compensation" plus medical, legal and other professional expenses. Critically, it also requires that your compensation be placed in escrow with an independent escrow agent before you begin any medical procedure. That is a stronger financial protection than most states provide.
Usually no court case at all
Illinois is structurally different from most states: where the statutory requirements are met and the required certifications are filed with the Illinois Department of Public Health and the delivery hospital before birth, the intended parents bypass the courts entirely and go straight to Vital Records. A court order is only needed if those administrative steps were missed.
Statutory eligibility
Under 750 ILCS 47/20, at the time you sign you must be at least 21 years old, have given birth to at least one child, have completed a medical evaluation and a mental health evaluation, have consulted independent legal counsel, and have health insurance covering major medical treatment and hospitalization through the pregnancy plus eight weeks postpartum — which the intended parents may purchase for you.
Separate counsel is required
750 ILCS 47/25 requires you and the intended parents to be represented by separate counsel in all matters concerning the surrogacy and the contract. Following the 2025 amendment, both attorneys must be Illinois-licensed and the intended parents pay your legal fees. The contract must be in writing, signed before any medical procedure begins, and witnessed by two competent adults.
What changed in December 2025
The Equality for Every Family Act (HB 2683), signed December 12, 2025, removed the long-standing requirement that at least one intended parent contribute a gamete — intended parents no longer need a genetic connection to the child. It also replaced the physician-affidavit medical-need standard with self-attested infertility, required the escrow agent to be independent of both law firms, and made the statute's language gender-neutral throughout.
Source: 750 ILCS 47/, as amended 2025.
Illinois Surrogate Requirements
Illinois sets more eligibility rules by statute than almost any other state. Under 750 ILCS 47/20 you must be at least 21, have given birth to at least one child, complete both a medical and a mental health evaluation, consult independent legal counsel, and carry health insurance through the pregnancy plus eight weeks postpartum. Those are legal requirements. The criteria below are the agency and clinic screening standards applied alongside them.
Final eligibility is determined by the agency's medical team.
How to become a surrogate in Illinois: full requirements & qualifications →
How Surrogacy Works in Illinois
Complete application in 10–15 minutes. Agency contacts you within 48 hours.
Physical exam, bloodwork, and uterine evaluation — paid for by the agency.
Review profiles and meet potential intended parents. You always have the right to say no.
Surrogacy agreement reviewed by your own attorney, funded by the agency.
Monthly compensation begins immediately after transfer. All medical costs covered.
Remaining compensation disbursed around delivery. Post-delivery allowances continue up to 6 weeks.
Surrogate FAQ: Illinois
Is surrogacy legal in Illinois?
Yes. The Illinois Gestational Surrogacy Act expressly permits reasonable compensation, requires it be held in escrow before any medical procedure, and usually allows parentage without any court case at all.
Do I have to live in Illinois to be a surrogate here?
Typically yes. Most agencies require you to live in the state where you carry the pregnancy, as medical care and legal jurisdiction are state-specific.
Is surrogate pay taxable in Illinois?
Base compensation is generally taxable at the federal level. Expense reimbursements (travel, maternity clothes) are typically not taxable. Consult a tax professional for Illinois-specific guidance.
How long does surrogacy take in Illinois?
18–24 months from application to delivery: matching (1–6 months), medical screening, legal review, and the full pregnancy term.
Surrogate Pay by State
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