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.

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.