summary
Introduced
02/07/2025
02/07/2025
In Committee
02/07/2025
02/07/2025
Crossed Over
Passed
Dead
Introduced Session
104th General Assembly
Bill Summary
Specifies that the amendatory Act may be referred to as the Equality for Every Family Act. Amends the Illinois Parentage Act of 2015. Declares it to be the public policy of Illinois that a child has the same rights and protections under law to parentage without regard to the marital status, age, gender, gender identity or sexual orientation of their parents, or the circumstances of the child's birth, including whether the child was born as a result of assisted reproduction or surrogacy. Changes the burden of proof for challenging a presumption of parentage from clear and convincing evidence to a preponderance of the evidence. Provides that a person who gave birth to a child and an alleged genetic parent of the child, a presumed parent under the Illinois Parentage Act of 2015, or an intended parent under the assisted reproduction provisions may sign an acknowledgment of parentage to establish the parentage of the child. Prohibits genetic testing from being used to: (i) challenge the parentage of a person who is a parent by assisted reproduction under the Illinois Parentage Act of 2015 or the Gestational Surrogacy Act; or (ii) establish the parentage of a person who is a donor. Changes the venue provisions for a proceeding to adjudicate parentage and the related notice provisions in such a proceeding. Provides that an individual who consents to assisted reproduction with the intent to be a parent of a child conceived by assisted reproduction is a parent of the child. Amends the Illinois Gestational Surrogacy Act. Contains provisions describing the consequences if a change in the martial status of a surrogate occurs. Sets out provisions concerning the termination of a gestational surrogacy agreement. Amends the Adoption Act. Provides a process for a confirmatory adoption for children born through assisted reproduction. Defines terms. Makes other changes. Effective immediately.
AI Summary
This bill, called the Equality for Every Family Act, comprehensively updates Illinois' parentage and surrogacy laws to provide more inclusive and equitable protections for families formed through various means of reproduction. The bill makes several key changes to the Illinois Parentage Act of 2015 and the Gestational Surrogacy Act, focusing on establishing parentage without regard to the marital status, age, gender, gender identity, sexual orientation of parents, or the circumstances of a child's birth.
Specifically, the bill changes the burden of proof for challenging parentage from "clear and convincing evidence" to a "preponderance of the evidence" standard. It allows a person who gave birth to a child and an alleged genetic parent, presumed parent, or intended parent to sign an acknowledgment of parentage. The bill prohibits genetic testing from being used to challenge parentage in cases of assisted reproduction or surrogacy and establishes that an individual who consents to assisted reproduction with the intent to be a parent is legally a parent of the child.
The bill also introduces new provisions for gestational surrogacy, including rules about changes in marital status during a surrogacy agreement and procedures for terminating such agreements. It adds a process for confirmatory adoption for children born through assisted reproduction, making it easier for non-birth parents to legally establish their parental status.
A significant aspect of the bill is its emphasis on the child's best interests, allowing for the possibility of more than two legal parents in certain circumstances. The legislation aims to provide comprehensive legal protections for diverse family structures, ensuring that children have consistent rights and support regardless of how they were conceived or born.
Sponsors (8)
Don Harmon (D)*,
Javier Cervantes (D),
Mary Edly-Allen (D),
Sara Feigenholtz (D),
Laura Fine (D),
Graciela Guzmán (D),
Dave Koehler (D),
Mike Simmons (D),
Last Action
Added as Co-Sponsor Sen. Javier L. Cervantes (on 05/29/2025)
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.ilga.gov/legislation/BillStatus.asp?DocNum=2507&GAID=18&DocTypeID=SB&SessionID=114&GA=104 |
| BillText | https://www.ilga.gov/legislation/104/SB/10400SB2507.htm |
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