Illinois is among several states that have laws which clearly allow unmarried persons, including 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 courts have held that this applies to unmarried same-sex couples or lesbian or gay individuals. In Petition of K.M., 274 Ill.App.3d 189, 653 N.E.2d 888 (1st Dist. 1995); In Petition of C.M.A., 306 Ill.App.3d 1061, 715 N.E.2d 674 (1st Dist. 1999).
Adoption for same-sex couples arises in one of two ways. 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.
An adopted child is the legal child of both adoptive parents. Each parent has the same rights and responsibilities of any other parent. This is true even if one of the adoptive parents is the biological parent of the child. If the adoptive parents’ relationship breaks down after the adoption, neither of them has greater rights to the child than the other parent. The child would have the right to have custody, visitation and child support issues heard by an Illinois court.