Legal Framework and Considerations
- AI: Recognized by Statute
- NI: Not Recognized
- Sperm donor agreement: Unknown
Illinois’ legal framework for informal sperm donation, including at-home artificial insemination (AI), is governed by the Illinois Parentage Act of 2015, enacted via 2015 Ill. Laws P.A. 99-0085 and codified in 750 ILCS 46/, effective January 1, 2016. Drawing from the Uniform Parentage Act, this statute emphasizes intent over procedure, broadly defining "assisted reproduction" without mandating physician involvement. The Equality for Every Family Act (HB 2568), enacted in October 2025 and effective immediately (with some provisions January 1, 2026), amends the Parentage Act to provide additional options for informal arrangements, ensuring gender-neutral treatment and equal protections for children born through assisted reproduction, including expanded voluntary acknowledgments and confirmatory adoptions. Provisions like 750 ILCS 46/703 prioritize intent, offering a permissive yet clarified landscape as of November 2025.
Core Provisions
| Provision | Statute | Key Implications |
|---|---|---|
| Assisted Reproduction | § 46/103(b) | Defines as method causing pregnancy other than intercourse, including AI, gamete/embryo donation, IVF. Broadly includes at-home AI; no physician required. |
| Donor Non-Parentage | § 46/702 | Donors have no parental rights or duties for children conceived via assisted reproduction, unless intended to be parent. |
| Intent-Based Parentage | § 46/703 | Intended parents are legal parents; written agreement with independent counsel preferred for donor relinquishment. For anonymous donations, relinquishment to entity. If requirements not met, court determines based on intent. HB 2568 expands options, including gender-neutral acknowledgments. |
| Withdrawal of Consent | § 46/704 | Consent withdrawable pre-insemination/transfer; withdrawer not parent of resulting child. |
| Custody & Child Support | § 46/601 & 750 ILCS 5/505 | Non-parents (donors) owe no support; custody to intended parents. Disputes resolved via intent. |
| Posthumous Parentage | § 46/705 | Deceased individual consenting in writing is parent if child born within 36 months. |
| Burden & Limitation | § 46/707 & § 46/708 | Clear and convincing evidence required; actions to declare non-parentage barred after 2 years post-birth. |
| Surrogacy & Confirmatory Adoption | § 46/709 & HB 2568 Amendments | Surrogacy requires agreements; HB 2568 adds confirmatory adoption process for assisted reproduction children. |
Key Court Cases (2024-2025)
No Illinois Supreme Court cases test at-home AI under the amended Act as of November 2025. Pre-amendment precedents inform intent focus:
- In re T.P.S. (978 N.E.2d 1070, Ill. App. Ct. 1st Dist. 2011): Known donor for informal AI denied paternity; intent prevailed, supporting § 702's protection.
- In re M.M. (2016 IL 119932): Affirmed intent in assisted reproduction.
2025 outlook: Equality for Every Family Act enhances inclusivity; courts likely to uphold intent-based rulings for informal AI.
Practical Steps & Risks
- Requirements for Informal Arrangements (At-Home AI):
- Preferred Method (§ 703(a)): Donor and intended parent(s) each represented by independent counsel; enter written legal agreement pre-insemination relinquishing donor's rights/responsibilities. This establishes intended parent(s) as legal parents and exempts donor.
- Anonymous Donation (§ 703(b)): If no designated intended parent at donation, donor relinquishes rights in writing to the entity (e.g., clinic); intended parent becomes parent. For truly informal (no entity), falls to intent determination.
- If Requirements Not Met (§ 703(d)): Court determines parentage based on parties' intent at donation time, using clear and convincing evidence. HB 2568 provides additional options, such as expanded voluntary acknowledgments of parentage (gender-neutral) and confirmatory adoptions for assisted reproduction children.
- Anonymous/Trust-Based: If donor identity not shared, no practical claim possible (e.g., state can't pursue support without identity); relies on mutual trust, no formal agreement needed but recommended for clarity.
- Semi-Anonymous: Private understandings or simple signed/notarized pre-conception statement of non-parental intent; serves as evidence of intent if disputed, but may reveal identity—use if trust solid.
- Health Screens: Obtain private STI and genetic carrier tests; no state mandate for informal, but crucial.
- Non-Bio Parent Rights: Use signed consent (§ 703) or voluntary acknowledgment (§ 301, expanded by HB 2568) post-birth; confirmatory adoption option added. Married spouses presumed; unmarried/same-sex use intent/acknowledgment.
- Risks: NI unprotected—biology presumes paternity. Informal AI risks if intent challenged; cross-state under UIFSA. Agreements provide proof but identify donor. Post-birth withdrawal barred after insemination. Limitation: Non-parentage claims barred after 2 years.
- Consult: Contact the Illinois State Bar Association's Lawyer Referral Service: Find a Lawyer (217-525-5297).