Bill > HB2570

This bill creates the Surrogacy Agreement Escrow Protection Fund, a special fund in the Illinois state treasury designed to provide financial protection for individuals involved in gestational surrogacy agreements. The fund will offer restitution to people who have suffered monetary losses specifically related to escrow transactions in surrogacy contracts, with several key limitations: restitution can only be ordered by the Director of Public Health, cannot exceed the actual amount lost, and cannot be used for attorney's fees. Every entity in the state conducting surrogacy-related escrow transactions will be required to pay an annual $1,000 fee, with an additional special fee triggered if the fund's balance falls below $150,000. The legislation emphasizes that receiving restitution is a matter of "grace, not right," meaning applicants must complete a detailed application and meet specific criteria to be considered. The fund applies retroactively to monetary losses occurring on or after January 1, 2023, and includes a provision allowing the state to seek reimbursement from the party responsible for the original loss through the Attorney General's office. The overall goal is to provide a financial safety net for participants in gestational surrogacy agreements while maintaining strict oversight and accountability.

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https://www.ilga.gov/legislation/BillStatus.asp?DocNum=2570&GAID=18&DocTypeID=HB&SessionID=114&GA=104