Informal Sperm Donation in Illinois

Legal Framework and Considerations

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 2002 Uniform Parentage Act (UPA), this statute emphasizes intent over procedure, broadly defining "assisted reproduction" and "donor" without mandating physician involvement. However, the lack of a clear definition for "artificial insemination" creates uncertainty about at-home AI’s status under the Act. Provisions like 750 ILCS 46/703 prioritize intent, but vagueness persists, as pre-Act case law like *In re T.P.S.* (2011) suggests. Illinois offers a permissive yet complex landscape as of March 2025.

Key Provisions:

• Definition of Assisted Reproduction:
  • 750 ILCS 46/103(b) defines "assisted reproduction" as: "a method of achieving a pregnancy through artificial insemination or embryo transfer or through gamete donation or embryo donation… does not include a pregnancy achieved through sexual intercourse."
  • "Artificial insemination" is undefined, leaving ambiguity about whether at-home AI (e.g., intracervical insemination) fully qualifies, though the broad language suggests inclusion.
• Definition of Donor:
  • 750 ILCS 46/103(h) defines "donor" as: "an individual who participates in an assisted reproductive technology arrangement by providing gametes and relinquishes all rights and responsibilities to the gametes."
  • This intent-based definition applies to both anonymous and known donors, without requiring medical oversight.
• Donor Status and Paternity:
  • 750 ILCS 46/702 states: "A donor is not a parent of a child conceived by means of assisted reproduction." This UPA 2002 § 702-inspired rule likely covers at-home AI if intent is clear, despite definitional vagueness.
  • 750 ILCS 46/703(a) adds: "If the donor and the intended parent have been represented by independent counsel and entered into a written legal agreement… the intended parent is the parent." This requires pre-insemination agreements for clarity.
  • § 703(d) directs courts to determine parentage based on intent if § 703(a) isn’t met, amplifying the need for documentation.
• Legal Parentage:
  • 750 ILCS 46/704 allows: "A Voluntary Acknowledgment of Parentage… may be executed… by an intended parent." For non-marital children, § 601 governs proceedings, prioritizing intent.
  • Biological paternity under 750 ILCS 46/201 applies only if intent shifts or documentation fails.
• Case Law and Precedents:
  • In re T.P.S. (978 N.E.2d 1070, Ill. App. Ct. 2011, pre-2015 Act): A lesbian couple used a known donor for AI without a physician. The court denied the donor paternity, focusing on intent, suggesting at-home AI aligns with § 702 post-2016.
  • No post-2015 Illinois Supreme Court cases test at-home AI under § 702 as of March 2025, but *T.P.S.* and adoption cases like In re M.M.* (2016 IL 119932) support intent over biology.
• Practical Considerations:
  • At-home AI likely falls under § 702’s protection if intent is documented, but the undefined "artificial insemination" term risks judicial inconsistency. Donors face minimal paternity risk with clear agreements, unlike restrictive states (e.g., Kansas).
  • Illinois’ population (approx. 12.5 million) and urban hubs like Chicago provide fertility access, yet rural areas rely on this permissive yet vague framework for informal AI.
  • The Act’s intent-driven approach offers flexibility, but its lack of clarity on AI methods necessitates extra caution.
• Special Cases:
  • Unmarried recipients or same-sex couples benefit from § 703’s intent-based parentage, with adoption (750 ILCS 50/1) or Voluntary Acknowledgment (750 ILCS 46/301) as options. Post-Obergefell (2015) equality aligns with this inclusivity.
  • Surrogacy is regulated under 750 ILCS 46/801, but informal AI falls under broader donor rules per § 702.

Recommendations:

• Written Agreements: Draft a signed pre-conception agreement per § 703(a), ideally with independent counsel, to clarify donor non-parental intent and recipient parentage. While not required for § 702’s exemption, it ensures enforceability given the vagueness around "artificial insemination."

Illinois’ 750 ILCS 46/702, effective January 1, 2016, under the Illinois Parentage Act of 2015, provides a progressive, intent-driven framework for informal sperm donation, likely exempting donors from paternity without physician mandates if intent is clear. Yet, the undefined "artificial insemination" term, supported by § 703 and pre-Act cases like *In re T.P.S.*, underscores the need for meticulous documentation and professional guidance in this permissive but murky legal landscape.

Statutory Resources:

• 750 ILCS 46/: Illinois Parentage Act of 2015
• 750 ILCS 50/: Adoption Act