Second Parent Adoption

Are you worried about your same-sex parental rights? You are not alone. I can help.

What is a Second-Parent Adoption?

In a nutshell, a Second-Parent Adoption legally provides that the non-biological parent has all the same parental rights as the biological parent. It provides that the donor (egg or sperm) has waived their rights and that this second parent is taking on all their rights.

Why do same-sex couples seek out Second Parent Adoptions now that they can get married? Isn’t marriage enough?

Members of the LGBTQ+ community are well aware that folks 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.

A quick history lesson about marriage equality in Illinois:

• Remember, marriage equality was not around until 2013. Sure, we had civil unions and domestic partnership laws in some states, but it wasn’t until the summer of 2013 that same-sex marriage in Illinois became a reality. Specifically,
• On June 26, 2013, the U.S. Supreme Court ruled that section three of the so-called “Defense of Marriage Act” (DOMA) is unconstitutional and that the federal government cannot discriminate against married same-sex couples for the purposes of determining federal benefits and protections.
• On November 20, 2013, Illinois Governor Pat Quinn signed the bill into law, making Illinois the 16th state in the nation to legalize same-sex marriage.
• The moment for full marriage equality finally arrived on June 26, 2015, with the Supreme Court decision in Obergefell v. Hodges. In a landmark 5-4 decision, marriage equality became the law of the land and granted same-sex couples in all 50 states the right to full, equal recognition under the law.
  • The narrow margin of this decision (5-4) is not lost on the LGBTQ+ community. The rhetoric is loud to reverse this decision. There are many folks out there that would like to strip away these protections and because of that, many same sex-couples are using the Second Parent Adoptions to help them in the future should marriage equality be eroded.

Therefore, “marriage” is not enough for same-sex couples. Moreover, 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. Prior to 2013, same-sex couples frequently used contract law and estates and trusts law to protect themselves. Therefore, using the law is no secret to same-sex couples; smart same-sex couples have been doing it for years.

Who seeks out Second Parent Adoptions?

Same-sex couples that are educated and fearful. I see a spike in my initial consultations for Second Parent Adoptions every presidential election cycle. I am now on my third cycle, 2016, 2020, 2024. And I’ve already had a flurry of families asking for me to assist them with their Second Parent Adoption.

When do same-sex couples seek out Second Parent Adoptions?

Same-sex couples typically call me when they are planning their family, while pregnant, or immediately upon the child’s birth. However, I have done Second Parent Adoptions when the children are older as well.

How do you do a Second Parent Adoption?

• 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.

How long does a Second Parent Adoption take?

• Typically, around 1-3 months.

How much does a Second Parent Adoption cost?

• Just like every family, every case and situation is unique, and therefore there is no blanket answer.
• Call me (312) 408-7000 or email me atarara@merelfamilylaw.com for details.

Annemarie Tarara presented on the topic of Second Parent Adoptions at the Lake County Bar Association, Family Law Seminar, in Napa, California on April 12, 2024.