Understanding Parentage for LGBTQ+ Spouses

 Posted on October 28, 2022 in Child Custody

While same-sex marriage has been recognized in Illinois for some time now, parentage issues for same-sex spouses are an evolving area of law. Illinois is among the first states to offer same-sex spouses the same presumption of parentage that opposite-sex spouses have long enjoyed. In opposite-sex marriage, a child born to the wife is palso presumed to be the husband's child. This presumption exists even if the spouses used a sperm donor or there is another reason to believe that the husband is not biologically the father. In Illinois, the presumption that a child born into a marriage is a child of both spouses has been extended to cover spouses who are of the same sex. 

Having both spouses identified as legal parents to the child protects both spouses in the event of a divorce and also protects the child. If you have concerns regarding the legal parentage of a child, our attorneys can help. 

The Parentage Presumption for Women Married to Women

Two married women now need only to have both of their names placed on the baby’s birth certificate in order to be considered legal parents. In the past, it may have been necessary for the wife who is not a biological parent to legally adopt their spouse’s child. However, now, when a child is born, the spouse of the person who gave birth enjoys the protection of being a presumed parent regardless of their genders. 

Parentage for Men Married to Men

Unfortunately, married gay men may have a disadvantage when it comes to parentage. A child intended to be the child of two married men may not be presumed to be the child of both men upon birth. Both husbands may need to legally adopt their child to become legal parents. 

A Note for Married Nonbinary Parents

Parentage law in Illinois does not yet have specific provisions related to parentage when one or both parents is nonbinary. However, if a nonbinary person gives birth, their legal spouse is likely to be the presumed parent regardless of gender. However, the Illinois Parentage Act uses the terms “man” and “woman,” creating the potential for some legal confusion. If you or your spouse is nonbinary and you plan to become parents, it is best to work with an attorney to ensure that legal parentage has been established. 

Contact a Will County Parentage Lawyer

The Foray Firm is committed to helping parents of all sexes and genders protect the relationship they share with their children through establishing legal parentage. Our caring Homewood parentage attorneys will strive to ensure that you have the same legal relationship with your child that you have at a personal level. Contact us at 312-702-1293 to begin with a confidential consultation. 

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000460HArt%2E+2&ActID=3638&ChapterID=59&SeqStart=900000&SeqEnd=1600000