Same Sex Partner Adoptions
Illinois permits adoptions by same sex partners. Attorneys Susan Butler and Kelly Giraudo have represented same sex couples in adoptions, and welcome the opportunity to do so. These couples may work with an agency to acquire their child, one of the parties may have given birth via sperm donation, or a surrogate may have carried the child for the couple. Even if one partner is the biological parent, or was the egg or sperm donor of the child, the other (adopting) parent must legally establish parentage rights to the child. In the event the couple's relationship ends either by choice or due to the death of the biological parent, the non-biological parent will have parentage rights only if an adoption has been properly completed. This is true even if that parent had been actively involved in raising the child from its birth.
Same sex couples with children are advised to take precautions, such as completing a same sex partner adoption, to ensure that both parents' rights are legally protected. Under Illinois law, gay and lesbian couples may participate in a "second parent" adoption. This allows the non-biological parent of the child to become a legal parent and establish rights which will be protected by law. In addition to protecting the non-biological parent's rights, adoption also protects the child because it assumes the child the opportunity to have health insurance through the non-biological parent, and also grants the child inheritance rights in the event the non-biological parent dies without a valid last will and testament.
Attorneys Susan Butler and Kelly Giraudo are experienced attorneys in this area of the law and invite new clients to contact them.
