Same-sex marriage has been legal in Illinois since June 2014. Hence, gay and lesbian couples who choose to raise a family together now have an easier road to parenthood — whether through adoption or conception of children following marriage.

Same-Sex Stepparent Adoption in Illinois

Since passage of the new law, Illinois same-sex couples who have children following their marriage, whether biological or adopted, may place each partner’s name on a birth certificate. This is a change from prior law, when only a biological parent’s name was permitted to be listed.

This June, Illinois same-sex couples will be able to marry pursuant to a bill passed by the Illinois General Assembly in November. While this public act treats all couples the same for the purposes of state law, married same-sex couples still have unique legal issues to consider.

When a same-sex marriage ends, obtaining divorces may prove problematic for Illinois couples who leave the state after their marriages end. Today, at least 16 other states, the District of Columbia and the federal government will recognize same-sex marriage from Illinois. However, if a couple married in Illinois moves to a state that doesn’t recognize same-sex marriage, they may be unable to divorce. These couples may have to establish residency in a state that recognizes gay marriage in order to divorce.

Same-Sex Couples Can Help Themselves Pre-Marriage