Illinois is among several states that have laws which explicitly allow same-sex couples to adopt. The Illinois Adoption Act states that “a reputable person of legal age and of either sex” may petition to adopt a child. 750 ILCS 50/2. Illinois appellate courts have interpreted the Adoption Act to permit same-sex couples or lesbian or gay individuals to adopt if it is found to be in the best interests of the child. In re Petition of K.M. To Adopt Olivia M., 274 Ill.App.3d 189, 653 N.E.2d 888 (1st Dist. 1995); In re Petition of C.M.A. To Adopt K.D.W., 306 Ill.App.3d 1061, 715 N.E.2d 674 (1st Dist. 1999).
Adoption for same-sex couples arises in one of two scenarios. A “second-parent” adoption is a legal procedure in which a co-parent adopts her or his partner’s child without terminating the partner’s parental rights. In a “co-parent” adoption, an unmarried couple jointly petition the court to adopt a child.
Second-parent and co-parent adoptions allow same-sex couples to establish a legal relationship with their children and thereby ensure that the parent-child bond that has been formed is protected.