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Second Parent Adoption: A Common Option for Same-Sex Couples

 Posted on January 09, 2019 in Adoption

Lombard family law attorneyHistorically, adoptions for same-sex couples have included their share of difficulties. Many people still believe children need a mother and father figure in their lives rather than two “similar figures.” This type of thinking has slowly phased out over the past 20 years, especially with the legalization of gay marriage. 

Same-sex couple adoptions made progress in 2016, just months after that legalization became official. A lesbian mother finally won legal custody of her children in a case that went all the way to the Supreme Court. The woman had cared for the children most of their lives and wanted legal documentation to recognize her as their mother. After deliberation, the Court overturned an Alabama Supreme Court ruling that said the court should not recognize the woman as the children’s mother. This court case opened doors for gay couples across the nation, allowing for non-nuclear families to exist.

Second Parent Adoption in Illinois

While adoption by homosexual couples can prove difficult, the process is far from impossible. Adoption agencies and couples looking for parents for their child will usually choose married couples over unmarried couples. This is common because marriages are considered permanent, whereas those who are not legally bound by marriage can end their relationship with far less difficulty. 

For those who have a child from a previous marriage and are now in a partnership, second parent adoption is a viable option. This is a fairly easy process depending on the child’s second biological parent’s legal rights and decisions. Before a second parent adoption can take place, the child’s second biological parent must relinquish their rights to the child. Sometimes this is court ordered based on the parent’s quality of care for their child and sometimes the biological parent will make this decision on their own.

The second parent adoption process is fairly easy and quick when compared to other adoptions. The process involves paperwork and a possible court appearance after the parent’s rights are handed over. This is a requirement because a child can only have two legal guardians, whether or not the child is related to a person by blood.

Contact a DuPage County Adoption Attorney for Help

All forms of adoption can be stressful and difficult since a child’s life and protection are at stake. Our attorneys recognize many families now extend outside of the established heterosexual norm, and we are ready to advocate for you. It is important for those wishing to adopt a child to have an experienced adoption attorney on their side. Contact our Lombard, IL adoption attorneys at 847-749-4182.



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