We Stand By Same-Sex Parents And Couples Looking To Adopt
Illinois permits adoptions by same-sex partners. Our attorneys 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 nonbiological parent will have parentage rights only if 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 nonbiological parent of the child to become a legal parent and establish rights that will be protected by law. In addition to protecting the nonbiological parent’s rights, adoption also protects the child because it affords the child the opportunity to have health insurance through the nonbiological parent, and also grants the child inheritance rights in the event the nonbiological parent dies without a valid last will and testament.
Our attorneys are highly experienced in this area of the law and invite new clients to contact them.