Handling LGBT Adoption Issues
If you and your same-sex spouse wish to adopt a child, you can rely on the experienced family law attorneys of Lake • Toback • DiDomenico for the skilled and knowledgeable representation you require. Our partners, Steven R. Lake and Michael DiDomenico and Sean Hamman, bring to each case decades of experience in family law.
Our lawyers also assist LGBTQ clients with estate and financial planning services, as well as issues such as child support and visitation following the breakup of a civil union or gay marriage.
Same-Sex Adoption: The Facts
In Illinois, a child born to a married couple is presumed to be a child of the marriage. While the Illinois Civil Union Act grants same-sex couples many of the same rights as married couples, parental rights for a non-biological parent must be established by means such as adoption. Even when same sex couples marry, an adoption of the child by one or both spouses may be necessary.
In many cases of same-sex adoption, the child is the biological offspring of one of the spouses. In these cases, adoption is necessary to secure the parental rights and responsibilities of the non-biological parent. This is known as second-parent adoption. The legal process is similar to that of a stepparent adoption, and the rights of the other biological parent must be fully terminated before the non-biological parent can adopt. This is an emerging area of law that is constantly changing.