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DuPage County family law attorney parental rights

Although Illinois family law prefers a child to have two parents actively involved in his or her life, there are times when it is in the best interests of the child to terminate one of the parent’s parental rights. Once an individual’s parental rights have been terminated, he or she is no longer responsible for the child, meaning he or she does not have to pay monthly child support payments and cannot make decisions on the child’s behalf. Illinois has strict and specific rules regarding the termination of parental rights, so it is important to understand them if you are ever involved in a legal dispute regarding your or your former partner's rights regarding your child. 

The Illinois Adoption Act and Parental Rights

Typically, a parent is not allowed to give up his or her rights in order to avoid parental responsibilities or paying child support. In addition, one parent is not allowed to petition to revoke the other parent’s rights as part of a child custody dispute. Typically, parental rights will typically only be terminated if the child is being adopted by a step-parent or another party. Under the Illinois Adoption Act, parental rights can be only involuntarily terminated if:

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Wheaton family law attorney legal separation

When a married couple is struggling to live in harmony under the same roof, one person usually moves out of the shared residence. The distance and time apart may allow the couple an opportunity to work through relationship problems and determine their next steps. For a couple who can no longer reside together, there are several options available, including divorce and legal separation. If you are struggling in your marriage and would like to discuss your next steps, a family law attorney can explain your rights and your legal options.

What Are the Differences Between Legal Separation and Divorce?

A divorce legally dissolves the marriage between two individuals, while a legal separation acknowledges that the couple is still married but lives apart from each other. Divorce is a permanent decree, but legal separations may be either temporary or permanent. A couple who is legally separated may eventually decide to file for divorce, but they also have the option to end the separation and reunite. It is important to note that during the legal separation, the spouses may not get married to anyone else.

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Lombard, IL family law attorney for parental relocation

When a couple decides to end their relationship, it is probable that at least one of them will no longer live in the home they once shared. In some cases, both spouses may move out of the marital home following divorce and relocate to smaller dwellings. However, while moving to a new home may be necessary, parents should be aware of the restrictions that may apply when they plan to move with their children. In some cases, parental relocation may require approval from the court. If you are not sure how a potential move may impact your rights as a parent, you should speak with an experienced family law attorney to learn more about the child relocation laws in Illinois.

Why Do Relocation Restrictions Exist?

The parental relocation laws in Illinois have been put in place to protect a child’s bond with both of his or her parents. In cases that meet the criteria for relocation, the relocating parent must give the other parent at least 60 days' notice prior to the move, and they will need to receive approval from the court for any modifications to the parties' parenting plan. These restrictions ensure that all moves are made in good faith and that a proposed relocation will protect the best interests of the child. 

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Lombard, IL surrogacy contract attorney

Infertility can be emotionally and physically draining on a couple, but unfortunately, it is not uncommon. The Centers for Disease Control and Prevention (CDC) estimates that nearly 16 percent of married women struggle with infertility, while almost 9 percent of women are clinically diagnosed as infertile. For those women who cannot have a child of their own, surrogacy enables a couple to raise their own biological child. A woman who chooses to serve as a surrogate can help couples achieve their dream of raising a family, while she herself may receive compensation for her services, making this both emotionally and financially rewarding. If you are considering becoming a surrogate, speaking with an experienced family law attorney can help you navigate the legal matters pertaining to this serious endeavor.

Requirements of the Surrogate

Because a surrogate is entrusted with carrying someone else's child, it is understandable that she will be carefully selected. To best protect the child, a prospective surrogate may undergo several medical tests to ensure that she is in the best health for carrying and delivering a baby. According to Illinois’ Gestational Surrogacy Act, a surrogate must:

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Who is the Legal Parent in Egg Donation Cases?Modern technology has assisted with the creation and growth of many families. Originally, natural conception and adoption were the only two options available to those who wish to have children or increase the size of their existing family. While adoption is a great option for couples to use, some parents wish to have a biological connection with their child and care for them through conception as well. Thankfully, medical advances have allowed families to have children through in vitro fertilization (IVF) using donor eggs. Egg donation is a treatment for infertile women who wish to physically bear a child. While this is not a brand new technology, it has continued to improve over the years. According to data from the Society for Assisted Reproductive Technology (SART), there was a 50.7% success rate for live births using donor eggs in the U.S. in 2017, proving that this version of IVF is a valid option for many families.

Requirements of the Recipient and Donor

For obvious reasons, IVF egg donation is not a parent’s first choice when trying to create a family; however, it is a good option for those who need help doing so. The process can cost a significant amount of money and involves a fair amount of medical treatments. This form of IVF is typically used for women with diminished egg quantity and quality. These include women with: 

  • Premature ovarian failure;
  • Poor response to ovarian stimulation;
  • Poor egg quality;
  • Low antral follicle counts on ultrasounds;
  • High day 3 follicle-stimulating hormone (FSH) levels; and/or
  • Advanced age.

Donors have a long list of requirements that they must meet before they are eligible. Females must be between the ages of 21 and 29 and be a U.S. citizen or have the legal right to work in the U.S. There are many health qualifications that must be met. The women must have a healthy BMI, no reproductive abnormalities, two ovaries, an excellent family health history, not be using any form of birth control and be a non-smoker/drug user. The woman must also have some form of college or trade/vocational certification.

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Illinois State Bar Association DuPage County Bar Association Northwest Suburban Bar Association American Inns of Court DuPage Association of Woman Lawyers National Association of Woman Business Owners Illinois Association Criminal Defense Lawyers DuPage County Criminal Defense Lawyers Association
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