- Something happens while vacationing out of state
- Parents split up
- The biological parent passes away or becomes incapacitated
Founding attorney Jill Metz has been a pioneer in this area of law. Our legal team works to secure second parent adoptions for married and unmarried couples living throughout the state.
Why Is Second Parent Adoption Necessary?
Our Chicago family law practice is attuned to the unique legal challenges LGBTQ clients face. This is particularly relevant in custody cases, where partners may not have equal standing as parents.
It’s important for same-sex couples to secure their roles as legal parents under Illinois law. Without this vital measure, a family can become vulnerable.
If the biological parent dies or becomes incapacitated and there is no formal judgment of adoption, the co-parent has no legally-recognized relationship with the child. Therefore, a state agency or guardian court could place the child in foster care or with legally-recognized relatives. Blood relatives could also actively seek to supersede the rights of the non-biological parent.
As a result, the non-biological parent may be denied visitation. They may not be allowed to take part in parenting decisions, school activities, or medical decisions either. In the worst-case scenario, they could lose all contact with the child.
Another scenario that threatens LGBTQ families is separation. Should the parents break up, the biological parent can seek sole custody. Without a formal claim of adoption, the non-biological parent would be at a disadvantage in court.
Second parent adoption for LGBTQ couples helps prevent these scenarios from happening. A formal adoption in Illinois puts both parents on equal footing, with all parental rights and responsibilities shared.
Birth Certificates
Some people may think that if their name is on the birth certificate, they maintain the same rights as an adoptive parent. Unfortunately, this is not the case even if you are a married couple.
Married couples or those in a civil union in Illinois may be able to put both names on the birth certificate at the hospital. However, a birth certificate is an administrative document that carries only so much weight in a court of law. Many states don’t have to recognize the non-biological parent if the parent-child relationship is based solely on the birth certificate.
If you have a court-ordered judgment of adoption or adoption decree, other jurisdictions must recognize it.
In Cook County, the co-parent adoption process requires fewer steps than even a stepparent adoption. We’ll help you navigate this process so you can maintain rightful custody of your child as a same-sex parent.
Frequently Asked Questions About Second Parent Adoption
How long does the second parent adoption process take in Illinois?
The process can take several months from filing to finalization, depending on case circumstances and court scheduling. However, usually it takes about 6 months.
Can unmarried couples pursue second parent adoption?
Yes, Illinois allows second parent adoption for both married and unmarried couples.
What documents do I need for second parent adoption in Illinois?
Required documents typically include birth certificates, marriage certificates (if applicable), background checks, and home study reports.
Chicago Co-Parent Adoption Lawyers Protecting Parental Rights
For peace of mind and protection of your rights, contact our same-sex second parent adoption attorneys today. Our LGBTQ adoption lawyers handle all types of adoption, from private agency and foster care to gay and lesbian second parent adoption. You can trust our legal professionals to prioritize and protect your family’s best interests.
Serving the Lesbian, Gay, Bisexual, Transgender Community and Friends in Chicago, Cook County, and Illinois.