Posted on March 25, in Kane. Hodges, states can no longer legally ban gay couples from marrying. Since this landmark decision, same-sex couples across the country are marrying and beginning their lives as legal spouses.
Many same-sex couples also wish to start a family of their own. Same-sex couples can sometimes face complicated legal obstacles when children are involved. Fortunately, there are several legal avenues that Illinois residents can use to obtain parental rights. One of these is second parent adoption , also called co-parent adoption. Second parent adoption can allow same-sex couples to legally adopt a child into their family. When most people think of adoption, they imagine a situation in which a parent gives up his or her parental rights and another individual takes on those parental rights.
In a same-sex situation, things are often much different. It is not uncommon, for example, for one of the partners to be the only legal parent that the child has. That parent may have adopted the child originally or had the child without another parent involved, such as through a sperm bank or surrogacy. One benefit is the legal right to make healthcare decisions for the child. For example, if an injury or illness leaves a parent or child incapacitated in some way, only legally-recognized parents will have full authority over health care decisions.
You will likely need to appear in family court to demonstrate that you and your partner are capable parents and to answer questions. In some cases, parents are required to undergo a home study. During a home study, an inspector will verify that the home is safe and appropriate for the child. If you have further questions about second parent adoption or other family law matters, contact an experienced St.
Call us at to schedule a consultation. For guidance with your case, contact our attorneys at We will answer your questions, explain the process relevant to your case, and advise how best to proceed.
