While Illinois state and federal laws have made significant progress in legal equality for same-sex couples, there are still unique challenges that same-sex couples may face when getting divorced. Although many same-sex couples who separate are officially married, not all couples decided to get married once it was an option and separating can prove difficult when children are involved. If you are in a same-sex relationship and you are considering divorce or separation, you may want the help of an experienced Illinois family law attorney who can help you consider the various legal aspects of splitting up with your partner.
Have You Established Parentage?
If a same-sex couple is legally married, the question of parentage is simpler. But, if you have not married your partner, you may want to take steps to establish parenthood before seeking separation. Here are five ways parenthood is legally recognized in Illinois:
- A child is born to a legally married couple who stays married
- The couple was married when the child was born, but the marriage was later invalidated
- The child was conceived during the marriage and born no more than 300 days after the divorce was finalized
- The couple was married after the child was born, but both parents are the biological parents of the child and agree to be on the child’s birth certificate
- A partner or spouse adopts their partner’s child, or both spouses adopt a child together
If you are a spouse or former spouse of the biological mother of a child, you may be presumed the parent. For male same-sex couples, one father must adopt the biological child of his partner or both spouses must adopt the child (for example, if the child was born through IVF). If a partner in a same-sex relationship had a child with a heterosexual partner who still has parental rights over the child, the child may not be adopted by a third parent.
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