Bill Text: IL HB4349 | 2025-2026 | 104th General Assembly | Introduced

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Bill Title: Amends the Parentage Act of 2015. Requires any individual who is an intended parent to undergo and pass a comprehensive criminal background check and screening before any insemination or embryo transfer. Provides that failure to do so waives any presumption that the person is the legal parent of any resulting child born through assisted reproduction. Prohibits an individual who is an intended parent from becoming the legal parent of a child resulting from the use of assisted reproduction if the intended parent has been convicted of or pleaded guilty to or nolo contendere to a list of criminal offenses. Makes the same changes to the Gestational Surrogacy Act. Amends the Illinois Fertility Fraud Act. Creates a cause of action against a health care provider by a child born as a result of assisted reproductive treatment if the health care provider failed to conduct a comprehensive criminal background check and screening of the child's intended parents that would have revealed that the intended parent had been convicted of or pled guilty to or nolo contendere to any specified violations and that child later suffered sexual abuse or sexual assault by that intended parent.

Sponsorship: Partisan Bill (Republican 2)

Status: (Introduced - Dead) 2026-04-29 - Added Co-Sponsor Rep. Joe C. Sosnowski [HB4349 Detail]

Download: Illinois-2025-HB4349-Introduced.html

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104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026HB4349 Introduced , by Rep. Dan Ugaste SYNOPSIS AS INTRODUCED:
750 ILCS 46/703
750 ILCS 47/20
750 ILCS 47/25-1 new
815 ILCS 540/20-1 new
Amends the Parentage Act of 2015. Requires any individual who is an intended parent to undergo and pass a comprehensive criminal background check and screening before any insemination or embryo transfer. Provides that failure to do so waives any presumption that the person is the legal parent of any resulting child born through assisted reproduction. Prohibits an individual who is an intended parent from becoming the legal parent of a child resulting from the use of assisted reproduction if the intended parent has been convicted of or pleaded guilty to or nolo contendere to a list of criminal offenses. Makes the same changes to the Gestational Surrogacy Act. Amends the Illinois Fertility Fraud Act. Creates a cause of action against a health care provider by a child born as a result of assisted reproductive treatment if the health care provider failed to conduct a comprehensive criminal background check and screening of the child's intended parents that would have revealed that the intended parent had been convicted of or pled guilty to or nolo contendere to any specified violations and that child later suffered sexual abuse or sexual assault by that intended parent.
LRB104 17689 JRC 31120 b
A BILL FOR
HB4349 LRB104 17689 JRC 31120 b
AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Parentage Act of 2015 is amended
by changing Section 703 as follows:
(750 ILCS 46/703)
Sec. 703. Parentage of child of assisted reproduction.
(a) An individual who consents under this Section to
assisted reproduction with the intent to be a parent of a child
conceived by assisted reproduction is a parent of the child.
(a-1) Any individual who is an intended parent must
undergo and pass a comprehensive criminal background check and
screening as described in this Section before any insemination
or embryo transfer. Failure to do so waives any presumption
that the person is the legal parent of any resulting child born
through assisted reproduction.
(a-2) A comprehensive criminal background check and
screening for intended parents must include, but is not
limited to, the following:
(1) a criminal history check by fingerprints of the
person that are submitted to the Illinois State Police and
the Federal Bureau of Investigation for comparison to
their criminal history records or the National Crime

HB4349 - 2 - LRB104 17689 JRC 31120 b
Information Database, when applicable;
(2) a check of the child abuse and neglect tracking
system and other State child protection systems, or the
national registry, as appropriate, to determine whether an
individual is currently alleged or has been indicated as a
perpetrator of child abuse or neglect; and
(3) a check of the Illinois Sex Offender Registry and
the National Sex Offenders Registry, as appropriate.
For intended parents who resided in another state in the
preceding 10 years, the screening also must include a check of
that other state's child abuse and neglect registry and the
National Sex Offender Registry.
(b) The consent described in subsection (a) must be either
of the following:
(1) in a record signed before, on, or after the birth
of the child by the woman or individual who gave birth to
the child and by an individual who intends to be a parent
of the child; an acknowledgment of parentage under Section
301 is a record within the meaning of this subsection; or
(2) in an agreement entered into before conception
that the woman or individual who gave birth to the child
and the individual who intends to be a parent of the child
intended they both would be a parent of the child.
Failure to consent as required by paragraph (1) or (2) of
subsection (b) does not preclude a court from finding consent
to parent if the individual for the first 2 years of the

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child's life, including any period of temporary absence,
resided in the same household with the child and openly held
out the child as the individual's child.
(c) An individual who is an intended parent or the woman or
individual who gave birth to the child may bring a proceeding
for a judgment of parentage before or after the birth of the
child. If the court finds that the individual who did not give
birth consented under subsection (b) of this Section, the
court shall enter a judgment of parentage declaring the
individual to be the parent.
(d) The woman or individual who will give or who gave birth
to the child or an individual who is or claims to be a parent
under this Section may commence an action before or after the
birth of a child to obtain a judgment to declare that the
intended parent or parents are the parent or parents of the
resulting child immediately on birth of the child and order
that parental rights and responsibilities vest exclusively in
the intended parent or parents immediately on birth of the
child. A judgment issued before the birth of the resulting
child takes effect on the birth of the resulting child. The
State, the Department, and the hospital where the child is or
is expected to be born are not necessary parties to an action
under this Section.
(e) Notwithstanding any other provision of this Act or
law, no individual who is an intended parent who has been
convicted of or who has pled guilty to or nolo contendere to a

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violation of the following offenses under the Criminal Code of
1961 or the Criminal Code of 2012, or a similar statute in
another jurisdiction, may be the legal parent of any resulting
child from the use of assisted reproduction:
(1) first degree murder in violation of paragraph (1)
or (2) of subsection (a) of Section 9-1 of the Criminal
Code of 1961 or the Criminal Code of 2012 or conviction of
second degree murder in violation of subsection (a) of
Section 9-2 of the Criminal Code of 1961 or the Criminal
Code of 2012 of a parent of the child to be adopted;
(2) first degree murder or second degree murder of any
child in violation of the Criminal Code of 1961 or the
Criminal Code of 2012;
(3) attempt or conspiracy to commit first degree
murder of any child in violation of the Criminal Code of
1961 or the Criminal Code of 2012;
(4) solicitation to commit murder of any child,
solicitation to commit murder of any child for hire, or
solicitation to commit second degree murder of any child
in violation of the Criminal Code of 1961 or the Criminal
Code of 2012;
(5) predatory criminal sexual assault of a child in
violation of Section 11-1.40 or 12-14.1 of the Criminal
Code of 1961 or the Criminal Code of 2012;
(6) heinous battery of any child in violation of the
Criminal Code of 1961;

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(7) aggravated battery of any child in violation of
the Criminal Code of 1961 or the Criminal Code of 2012;
(8) any violation of Section 11-1.20 or Section 12-13
of the Criminal Code of 1961 or the Criminal Code of 2012;
(9) any violation of subsection (a) of Section 11-1.50
or Section 12-16 of the Criminal Code of 1961 or the
Criminal Code of 2012;
(10) any violation of Section 11-9.1 of the Criminal
Code of 1961 or the Criminal Code of 2012;
(11) any violation of Section 11-9.1A of the Criminal
Code of 1961 or the Criminal Code of 2012; or
(12) an offense in any other state the elements of
which are similar and bear a substantial relationship to
any of the enumerated offenses in this subsection.
(Source: P.A. 104-448, eff. 12-12-25.)
Section 10. The Gestational Surrogacy Act is amended by
changing Sections 20 and 25 and by adding Section 25-1 as
follows:
(750 ILCS 47/20)
Sec. 20. Eligibility.
(a) A gestational surrogate shall be deemed to have
satisfied the eligibility requirements of this Act if, at the
time the gestational surrogacy agreement is executed, the
gestational surrogate:

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(1) is at least 21 years of age;
(2) has given birth to at least one child;
(3) has completed a medical evaluation;
(4) has completed a mental health evaluation;
(5) has had and will have ongoing legal representation
by independent counsel, licensed in Illinois and chosen by
the surrogate, throughout the course of the gestational
surrogacy arrangement regarding the terms of the
gestational surrogacy agreement and the potential
consequences of the gestational surrogacy; and
(6) has obtained a health insurance policy that covers
major medical treatments and hospitalization and the
health insurance policy has a term that extends throughout
the duration of the expected pregnancy and for 8 weeks
after the birth of the child; provided, however, that the
policy may be procured by the intended parents on behalf
of the gestational surrogate pursuant to the gestational
surrogacy agreement.
(b) The intended parent or parents shall be deemed to have
satisfied the eligibility requirements of this Act if, at the
time the gestational surrogacy agreement is executed, the
intended parent or parents:
(1) is at least 21 years of age;
(2) are experiencing infertility as defined in
subsection (c) of Section 356m of the Illinois Insurance
Code;

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(3) have completed a mental health evaluation; and
(4) has had and will have ongoing legal representation
by independent counsel, licensed in Illinois, throughout
the course of the gestational surrogacy arrangement
regarding the terms of the gestational surrogacy agreement
and the potential legal consequences of the gestational
surrogacy; and .
(5) he, she, or they have undergone and passed a
comprehensive criminal background check and screening as
described in Subsection (c) before the commencement of any
medical procedures (other than medical or mental health
evaluations necessary to determine eligibility of the
parties under Section 20 of this Act).
(c) A comprehensive criminal background check and
screening for intended parents must include, but is not
limited to, the following:
(1) a criminal history check by fingerprints of the
person that are submitted to the Illinois State Police and
the Federal Bureau of Investigation for comparison to
their criminal history records or the National Crime
Information Database, when applicable;
(2) a check of the child abuse and neglect tracking
system and other state child protection systems, or the
national registry, as appropriate, to determine whether an
individual is currently alleged or has been indicated as a
perpetrator of child abuse or neglect; and

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(3) a check of the Illinois Sex Offender Registry and
the National Sex Offenders Registry, as appropriate.
(Source: P.A. 104-448, eff. 12-12-25.)
(750 ILCS 47/25-1 new)
Sec. 25-1. Grounds for disqualification of intended
parents.
(a) Any individual who is an intended parent and refuses
to undergo a comprehensive criminal background check and
screening as described in Section 20 shall be deemed not to
have satisfied and met the eligibility requirements of this
Act.
(b) In addition, any individual who is an intended parent
and has been convicted of or who has pled guilty to or nolo
contendere to a violation of the following offenses under the
Criminal Code of 1961 or the Criminal Code of 2012, or a
similar statute in another jurisdiction, is deemed not to have
satisfied and met the eligibility requirements of this Act:
(1) first degree murder in violation of paragraph (1)
or (2) of subsection (a) of Section 9-1 of the Criminal
Code of 1961 or the Criminal Code of 2012 or conviction of
second degree murder in violation of subsection (a) of
Section 9-2 of the Criminal Code of 1961 or the Criminal
Code of 2012 of a parent of the child to be adopted;
(2) first degree murder or second degree murder of any
child in violation of the Criminal Code of 1961 or the

HB4349 - 9 - LRB104 17689 JRC 31120 b
Criminal Code of 2012;
(3) attempt or conspiracy to commit first degree
murder or second degree murder of any child in violation
of the Criminal Code of 1961 or the Criminal Code of 2012;
(4) solicitation to commit murder of any child,
solicitation to commit murder of any child for hire, or
solicitation to commit second degree murder of any child
in violation of the Criminal Code of 1961 or the Criminal
Code of 2012;
(5) predatory criminal sexual assault of a child in
violation of Section 11-1.40 or 12-14.1 of the Criminal
Code of 1961 or the Criminal Code of 2012;
(6) heinous battery of any child in violation of the
Criminal Code of 1961;
(7) aggravated battery of any child in violation of
the Criminal Code of 1961 or the Criminal Code of 2012;
(8) any violation of Section 11-1.20 or Section 12-13
of the Criminal Code of 1961 or the Criminal Code of 2012;
(9) any violation of subsection (a) of Section 11-1.50
or Section 12-16 of the Criminal Code of 1961 or the
Criminal Code of 2012;
(10) any violation of Section 11-9.1 of the Criminal
Code of 1961 or the Criminal Code of 2012;
(11) any violation of Section 11-9.1A of the Criminal
Code of 1961 or the Criminal Code of 2012; or
(12) an offense in any other state the elements of

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which are similar and bear a substantial relationship to
any of the enumerated offenses in this subsection.
Section 15. The Illinois Fertility Fraud Act is amended by
adding Section 20-1 as follows:
(815 ILCS 540/20-1 new)
Sec. 20-1. Negligent failure to screen intended parents. A
child born as a result of assisted reproductive treatment may
bring an action against any health care provider that:
(1) failed to conduct a comprehensive criminal
background check and screening of the child's intended
parents as required by Section 703 of the Illinois
Parentage Act of 2015 that would have revealed that the
intended parent had been convicted of or pled guilty to or
nolo contendere to any of the violations described in that
Section; and
(2) that child later suffered sexual abuse or sexual
assault by that intended parent.