On June 26, 2015, the U.S. Supreme Court overturned all state bans on same-sex marriage, legalized it in all 50 states, and required states to honor same-sex marriage licenses from any state. Due to the significant increase of same-sex marriages since then, this trend has also been followed by an influx of same-sex divorces.
Regarding child custody rights, the rules can be quite complex for same-sex couples because many of them became parents through either adoption or the use of surrogates. Fortunately, Illinois laws do not discriminate against same-sex parents. If you are in need of legal assistance, contact our Deerfield, IL LGBTQ divorce lawyer today. We are ready to provide the guidance and professional legal assistance that you need and deserve.
Illinois Parentage Act of 2015
When same-sex marriage became legal in 2015, the state of Illinois passed the Parentage Act, which provides child custody guidelines for same-sex parents. Now, there is a gender-neutral presumption of parentage, which applies to the woman’s spouse regardless of whether the spouse is a man or a woman.
When it comes to two married men adopting a child, both fathers should legally adopt the child since the spouse of the adopted parent will not automatically be considered a parent, as would a pregnant woman’s spouse.
According to the Illinois Parentage Act of 2015, a person can be presumed parents of a minor child in any of the following situations:
- The child was born while the spouses were in a marriage or civil union
- The child was born within 300 days of the end of the marriage or civil union
- The child was born during a marriage or civil union, but the union was later declared invalid
- After the child’s birth, a person marries the birth mother and the individual consents to being added to the birth certificate
Determining Child Custody For Same-Sex Couples
Same-sex couples have the same parental rights and responsibilities as heterosexual couples in Illinois. Under the Parentage Act, both parents can sign the child’s birth certificate and build parent-child relationships.
To obtain parental responsibilities, a person must be declared a parent. Only non-parents get “visitation.” But when same-sex couples adopt a child, this is considered a “joint adoption,” and both parents have equal custody and visitation rights if they file for a divorce.
Although same-sex marriage has been legal since 2013 in Illinois, the laws surrounding same-sex divorce and child custody can still be complicated. It is imperative to hire an experienced same-sex divorce attorney to guide you through the complexities of the legal process.
If you are interested in filing for a divorce in Illinois, contact Merel Family Law today. Our team is ready to help guide you through this process with experience, compassion, and confidence. Do not hesitate to seek the legal representation that you deserve. Contact us to schedule an appointment and discuss your specific divorce case.
