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Second Parent Adoption Lawyers in Chicago
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Unfortunately, second-parent adoptions are often lengthy, challenging and painfully laborious processes. That’s why it’s so important to partner with top-tier LGBTQ+ / Same-sex adoption lawyers.
Start with a simple, confidential and straightforward conversation. What could be more daunting than to think about what might happen if your child isn’t legally under your care? It’s every parent’s worst nightmare. That’s why it’s essential that same-sex couples with children establish second-parent adoption status right away.
Merel Family Law serves as one of Chicago’s top family law firms and is more than capable of handling any issues or questions you may have about second-parent adoption you may have. Give us a call at (312) 408-7000.
Why is Second Parent Adoption So Important?
Members of the LGBTQ+ community are well aware that people are not happy with LGBTQ+ equality and rights. We see others trying to roll back those rights and limit them. Therefore, many same-sex couples think of a Second Parent Adoption as an “insurance policy.” God forbid anything happens to either parent or the law, but if it does, we want there to be no dispute that your parental rights are rock solid. In a nutshell, a Second Parent Adoption ensures that both parents are “equal” parents under the law, regardless of biology.
If Both Parents Sign the Birth Certificate, is That Enough?
This is a complicated question to answer, but yes, this should currently be enough in Illinois. However, as previously mentioned, these adoptions are seen as a sort of insurance policy. Many same-sex couples are realizing that if Roe vs. Wade can be overturned, marriage equality could be next. Second Parent Adoptions stem from same-sex couples using the law to protect themselves.
Who is Considered the Second Parent?
The non-biological parent is the second parent who adopts the child, taking on the rights and responsibilities waived by the donor.
Does the Second Parent Have the Same Rights as the First Parent?
A Second-Parent Adoption legally provides that the non-biological parent has all the same parental rights as the biological parent.
Why Choose an Attorney from Merel Family Law for Same-Sex Adoption?
We Don’t Believe in Ordinary
Our clients are the type of people who demand and deserve world-class legal representation, and they won’t settle for anything less. So, we do our homework, stay on top of changes and emergent issues, prepare for every scenario, collaborate when it makes sense and fight like hell when it doesn’t.
We’ve Worked Hard to Earn Our Reputation
We work just as hard to keep it. Our team of seasoned attorneys has worked diligently to help earn the respect of our Chicago-area colleagues, clients, judges, court systems and community, and we intend to keep it that way. In other words, our reputation speaks for itself.
We Believe in “Winning” as Painlessly as Possible
All cases are unique, and while we prefer to approach our clients’ cases in a spirit of collaboration and negotiation, we are also not afraid to “take the gloves off” when needed. In other words, our clients’ answer to the question, “What does winning look like to you?” informs our strategies, tactics, and tone.
We’ll Help You Avoid Unnecessary Litigation
You’ll have peace of mind knowing we will never push you into a lengthy, costly and unnecessary court trial. However, we will use all legal remedies to protect your rights.
You’ll Receive Seasoned Support
Our seasoned attorneys have specific experience in cases involving women, LGBTQ+ couples, fathers, high-net-worth individuals, dissolution of long-term marriages, spouses who own businesses, appeals and more. We’ll ensure you’re represented by an experienced LGBTQ+ divorce lawyer who understands and respects your situation, the law and how best to work through your unique challenges.
You Can Reach Us Easily
Unlike other law firms, we know how important it is to manage our client’s expectations and be available to answer their questions and concerns outside of regular business hours. You can contact us by phone, text, or email around the clock.
Meetings With Your Attorney Are Easy and Convenient
Schedule an appointment at any one of our three in-person offices in Chicago, Hinsdale and Highland Park, or conduct some or all of your court proceedings online via Zoom. In some instances, an in-court appearance may be required by the judge. If so, you’ll typically be given at least 30 days advance notice.[2]
Why Clients Partner with Merel Family Law
At Merel Family Law, we specialize in providing legal services to our clients in all aspects of Chicago divorce and family law. What we do is only half of what sets us apart from other divorce firms in the Chicagoland area, though. How we do what we do is just as important.
When someone comes to our firm, we know that they are at a crossroads in their life. They want guidance to find the path that is best for them. The attorneys at Merel Family Law show them the way with confidence and compassion. We take great pride in affording people the attention that they deserve and obtaining the results that they expect from a giant law firm while also maintaining a personal touch that helps put their worries at ease.
Testimonials
“We are so thankful to have hired Annemarie Tarara for our adoption case. She is very informative, compassionate, knowledgeable, and amazing to work with. She is always willing to help and answer our questions or concerns. When it came to our court date, she made us feel very comfortable and made the adoption process for our daughter seem like a breeze! Thank you again for everything you have done for our family. Consider hiring Annemarie, you will not regret having phenomenal woman to represent you!” – Nicole, December 12, 2022
“Annemarie, simply put, is incredible. From day one of our custody case, she heard me, she got me and knew how to translate my needs into a cogent case. As a gay transgender man, this is not something I take lightly on any day, but least of all in the past year of fighting for primary custody of my son. She is fierce, tenacious, and will tell you exactly what it is. She strikes that difficult balance between being incredibly direct and yet not insensitive. And she battled for my son and I–tooth and nail–with confidence, skill and most importantly, success. Endless gratitude to you Annemarie.” –Victor, October 26, 2022
Additional Services in LGBTQ+ Family Law
Get Legal Advice in an LGBTQ+ Family Law Dispute
LGBTQ+ family law is a specialized area of legal practice that focuses on the unique needs and challenges faced by the LGBTQ+ community. Our dedicated family lawyers are experienced in handling second parent adoption for LGBTQ+ families, providing legal assistance for obtaining orders of protection, navigating the intricacies of divorce, and resolving custody disputes. In all these matters, our goal is to ensure that your rights are protected and that you receive compassionate, knowledgeable guidance every step of the way.
General Family Law Attorneys to Guide You
Family law is a complex area that deals with legal issues involving family relationships. These can include matters of divorce, child custody and visitation, grandparents’ rights, domestic violence, and financial settlements during separation. With these sensitive issues, it’s crucial to have knowledgeable family law attorneys who can provide comprehensive support and guidance.
Navigate Same-Sex Custody Disputes
Even though Illinois recognized same-sex marriage in 2013, LGBTQ+ child custody laws remain complex. Engaging with an experienced attorney who specializes in LGBTQ+ divorce is critical to smoothly navigating this legal landscape. Our dedicated legal team will work tirelessly to safeguard your LGBTQ+ adoption rights and ensure a just resolution is reached.
Support for Orders of Protection
Domestic violence is a significant issue affecting people in and out of the LGBTQ+ community. However, individuals in queer and same-sex relationships often encounter unique challenges, such as threats related to their sexual orientation, dual discrimination, inadequate support services, and stereotypes-based misconceptions. Our team of dedicated LGBTQ+ family lawyers is committed to offering comprehensive legal support to help victims navigate these hurdles.
Looking at Second Parent Adoption in Chicago? We Can Help.
Merel Family Law serves as one of Chicago’s top family law firms and is more than capable of handling any issues or questions you may have about second-parent adoption you may have. Give us a call at (312) 408-7000.
Frequently Asked Questions
In Illinois, queer and same-sex couples file for divorce like any other couple. Since Illinois is a no-fault state, the spouse who files a Petition for Dissolution of Marriage only needs to cite irreconcilable differences as a reason for divorce. You must also meet the 90-day residency requirement and file for divorce in the county where you live.
While the process is generally similar to divorcing heterosexual couples, some unique challenges may arise. Issues can occur around child custody if one partner is not the biological parent and hasn’t legally adopted the child. The court may hesitate to award visitation or custody rights in such cases. Property division can also be a contentious issue, especially for couples who have commingled assets and property in a marriage-like arrangement before same-sex marriage was legalized in Illinois in 2013.
The Illinois Parentage Act of 2015 was passed when same-sex marriage became legal across the country. It provides child custody guidelines for same-sex parents, including a gender-neutral presumption of parentage that applies to the spouse of a woman regardless of their gender.
According to the Act, a person can be presumed a parent 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.
LGBTQ+ 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. In cases of joint LGBTQ+ adoption, both parents have equal custody and visitation rights if they file for a divorce.
- An initial consultation is scheduled to gather information about the parents and the child(ren).
- I draft the Petition for Adoption the supporting Affidavits, and other pleadings / orders.
- The documents are submitted to the Judge for their review.
- An initial Zoom court appearance with the attorney and the Judge is where the attorney will introduce the family to the Judge, and the Judge will “meet” the parties and the child.
- The Second Parent Adoption is entered.
Just like every family, every case and situation is unique, and therefore there is no blanket answer. We can say that second-parent adoptions typically take around 1-3 months.
Written By Jonathan Merel
Jonathan Merel is an experienced attorney who advocates for his clients in all divorce and family law proceedings, including settlement negotiations and trials. Jonathan founded Merel Family Law in early 2009 after working for many years at another family law firm in Chicago.
