Surrogate Pay in Illinois (2026)

First-time surrogates in Illinois earn $50,000–$65,000 base compensation plus monthly allowances. See full breakdown below.

Compensation

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
Estimated ranges based on average compensation in Illinois. Actual compensation is determined by the agency. Sources: Industry surveys of 30+ agencies, 2024–2026 data.
Legal

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.

Note on other sources. Several widely-cited surrogacy law maps still describe Illinois as requiring a genetic connection between an intended parent and the child. That requirement was removed in December 2025 and is no longer current law.

Source: 750 ILCS 47/, as amended 2025.

Compare surrogacy laws in all 50 states →

Requirements

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.

Age: 21–40 years old
Have given birth to at least one healthy child
BMI under 32
Non-smoker
No disqualifying health conditions
U.S. citizen or permanent resident
Financially stable (not receiving government assistance)

Final eligibility is determined by the agency's medical team.

The Process

How Surrogacy Works in Illinois

Apply

Complete application in 10–15 minutes. Agency contacts you within 48 hours.

Medical Screening

Physical exam, bloodwork, and uterine evaluation — paid for by the agency.

Match with Intended Parents

Review profiles and meet potential intended parents. You always have the right to say no.

Legal Contract

Surrogacy agreement reviewed by your own attorney, funded by the agency.

Embryo Transfer & Pregnancy

Monthly compensation begins immediately after transfer. All medical costs covered.

Delivery & Final Payment

Remaining compensation disbursed around delivery. Post-delivery allowances continue up to 6 weeks.

FAQ

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.

Compare States

Surrogate Pay by State

California
$67,000–$98,000
New York
$67,000–$98,000
Texas
$57,000–$83,000
Florida
$57,000–$83,000
Illinois
$57,000–$83,000
Colorado
$57,000–$83,000

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Surrogate pay by city in Illinois

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