After undergoing the journey of reciprocal in vitro fertilization (RIVF) the last thing you want to worry about is whether your parental rights are fully protected. Yet, many LGBTQ+ couples find themselves wondering if additional legal steps are necessary to secure their family’s future.

This article will walk you through the key considerations around second parent adoption following reciprocal IVF in Illinois, including who typically needs to adopt, why these legal protections matter and how the process works. By the end, you’ll have a clearer picture of how to best protect your growing family.

Contact us today to discuss your specific situation with our experienced legal team.

Which Mom Adopts in Reciprocal IVF?

In RIVF arrangements and other situations where both parents are presumed to be the legal parents of the child at birth based on marital presumptions of parentage, both parents would join in the second parent or co-parent adoption. This is because, in Illinois, a married person must adopt with their spouse. Adoption also terminates any existing parental rights, and we don’t want the other parent to lose theirs.

Why Second Parent Adoption Matters in RIVF

LGBTQ+ second parent adoption gives you a court order that proves you’re a legal parent, and that order is recognized in every state. While other documents like birth certificates are administrative and can sometimes be questioned, adoption orders are recognized nationwide under the Full Faith and Credit Clause of the U.S. Constitution.

This legal security becomes especially important when traveling, moving or dealing with institutions which may not be familiar with assisted reproduction laws. An adoption order provides clear proof of your parental rights that cannot be questioned or challenged.

Biological vs. Legal Parenthood: What Reciprocal IVF Parents Need to Know

In Illinois, the person who gives birth is automatically considered the legal parent. The person who provided the egg during reciprocal IVF can also become a legal parent if you follow Illinois’s assisted reproduction laws before conception. This means same-sex couples can skip adoption when they’re married at the time of the birth of the child.

But here’s the thing: Second parent adoption is still strongly recommended, even when both names are on the birth certificate. Why? Birth certificates alone may not be enough in all situations. Birth certificates are an administrative process, not a court order, so other states are not required to recognize them.

Some states have discriminatory laws that could create challenges for LGBTQ+ parents. While Illinois law is generally supportive, having additional legal protections ensures your rights are recognized regardless of where life takes your family.

Learn more about second parent adoption following reciprocal IVF.

Should Both Parents Complete Second Parent Adoption?

While Illinois has assisted reproduction statutes that can establish both parents’ legal rights, many RIVF families choose to complete a second parent adoption for maximum legal protection. Both parents participate in the adoption and even adopt each other’s biological children when reciprocal IVF is used for multiple children.

The decision depends on several factors: your family’s specific circumstances, your comfort level with existing legal protections and your future plans. If you anticipate moving to a less LGBTQ+-friendly state or want the strongest possible legal foundation, dual adoptions might make sense for your family.

How Second Parent Adoption Protects Your Family

Second parent adoption ensures both moms have full, equal rights to their child. Here’s how it protects your family:

  • Equal Parental Rights: Both parents get the same legal standing for custody, medical decisions and inheritance.
  • Nationwide Protection: Second parent adoption protects your family if you travel or move states.
  • Your Child’s Security: Legal recognition of both parents means better health insurance coverage and custody protection if something happens to one parent

Ultimately, second parent adoption gives you legal equality and peace of mind that can’t be questioned.

The Illinois Second Parent Adoption Process

In Illinois, the second parent adoption process includes a legal petition and court hearing, though requirements vary by county. Some jurisdictions like Cook County have streamlined the process by waiving home studies, background checks and Guardian ad Litem appointments, while others may still require them.

Generally, the process involves filing a petition with the court, providing necessary documentation about your family and the child and attending a hearing where a judge will finalize the adoption. Under the new streamlined process, the timeline typically ranges from a few weeks to a month, depending on the county and specific circumstances, and may not require an official court appearance.

Illinois’ second parent adoption laws for same-sex couples have evolved to be more inclusive and streamlined over the years. As an experienced family-building law firm, we can help you navigate county-specific requirements and make sure the overall process is smooth and affirming.

Do I Need a Lawyer for Second Parent Adoption?

Yes. Working with a qualified second parent adoption attorney is one of the most important investments you can make in your family’s future. A good lawyer helps ensure your case is legally bulletproof and that your rights will be recognized everywhere you go.

Your journey to parenthood through reciprocal IVF shows incredible love, determination and strength. You should make sure your family has the legal protections that match that commitment.

Protect Your Parental Rights — Start Your Second Parent Adoption Today

Are you exploring or undergoing RIVF? Gillespie Law Group, LLC can help with second parent adoption for LGBTQ+ couples in Illinois and the Chicagoland area. We understand the local court procedures and have built relationships with judges who regularly handle these cases. Additionally, in Illinois, you can file your petition for adoption in any county in the state, regardless of where you live, and the process in Cook County is extremely fast.

Don’t wait to protect your family’s future. Contact our firm today to schedule a consultation. We’re here to support you with the same care and commitment you’ve shown in building your beautiful family.