“Parentage” refers to the legal relationship of parents to their children. Whether a same-sex couple is assumed to be the legal parents of their children depends mostly on whether that couple is married or not. This is very similar to how the law treats parentage in heterosexual couples.
Even for married same-sex couples, however, there are some additional steps that are worth considering. These can reinforce the legal ties to any children. If you and your partner are wondering how you can ensure that Illinois law will recognize your relationship with your child in 2026, a Skokie, IL parentage lawyer can help.
How Does Illinois Establish Parentage for Married Same-Sex Couples?
Under the Illinois Parentage Act of 2015 (750 ILCS 46/204), spouses are automatically presumed to be the legal parents of any child born during their marriage. This is true of same-sex couples as well as heterosexual ones. No separate filing is required at birth to establish parentage in these cases. At birth, only the gestational or birth parent is automatically listed on the child’s birth certificate. The second parent can be added after parentage is established.