In Cook County, Illinois, the courts have held, and the appellate court affirmed, that same sex parents do have standing under the Adoption Act to petition the court for adoption

Cook County, Illinois, handles a good number of co-parent adoptions (also referred to as "same sex adoptions" or "second parent adoptions"). The Cook County courts have allowed the adoption of children in cases where one of the adoptive parents is a biological parent as well as where there is no genetic relationship, allowing both parents to adopt at once. Many times, one parent may have adopted a child internationally and, upon returning to the U.S., the second parent will adopt.

Where one parent is a biological parent, it is still important for the second parent to adopt the child in order to legally establish some parental rights for themselves over the child. The failure to take this step may cost them the right to any custody or visitation rights with the child should the parents' decide to separate.

Overall, Co-parent adoptions have become more routine in Cook County and there are only a few differences in the way that they are handled that distinguish themselves from the other kind of adoptions.

I do represent Co-Parents from counties all over Illinois in these kinds of adoptions.

FREQUENTLY ASKED QUESTIONS REGARDING SAME SEX ADOPTIONS:

1. If we are joined in Civil Union do we still need to adopt? While legally it is not required as Illinois law directs that both of your names go on the birth certificate, many professionals recommend gay couples follow up with an adoption to avoid problems that may arise with other states in the future.
2. We live outside of Cook County, can we still file in Cook County? Yes, as long as all parties are in agreement you can file in Cook County.
3. Will we need to have a homestudy done? No.
4. Can we get started on the adoption before the baby is born? Typically no, you should wait for the birth of the baby.
5. We used a known sperm do we have to terminate his parental rights? Yes, as part of the adoption a known donor should have his parental rights terminated in court.