Common Family Law Issues for Same Sex Couples

 Posted on June 08, 2018 in Family Law

Same-sex couples are widely seen in today’s age. They often have the desire to get married, start a family, and live a happy, healthy life together. If you are in a same-sex relationship, you should make yourself familiar with some of the most common family law issues that you may face. This way, you will be better prepared to handle any challenge that may come your way.

Adoption

Unfortunately, if you are in an LGBT relationship and wish to adopt a child, you will have fewer options than heterosexual couples. While heterosexual couples can go through any adoption agency, you may come across some adoption agencies that do not allow you to adopt a child because of religious views.

Custody

One spouse in your relationship may decide to give birth to a child so that you can become parents. In this situation, the spouse who is the child’s biological parent automatically receives full parental rights.

The non-biological parent, however, may not be granted parental rights, even if their name is on the birth certificate. If the non-biological parent would like full parental rights, they may have to go through a process called co-parent adoption.

In addition, if the biological parent of the child loses their life, the other a parent may not be able to secure full parental rights if they did not undergo the legal adoption process. By adopting a child, the non-biological parent can ensure their rights are protected.

Healthcare Challenges

In a medical emergency, there may be situations where only a spouse is allowed and you face discrimination from medical professionals when you are asked to establish this type of connection.

Medical professionals may trust heterosexual couples when they state they are the spouse of the injured or sick individual. Unfortunately, they may ask same-sex couples for legal proof. Establishing your partner as your medical power of attorney can protect you both and provide you with access to one another in the event of a medical emergency.

Taxes

Same-sex couples who are married are given the opportunity to file their federal income tax returns separately or together. If you are in a domestic partnership or civil union, this rule can become complex, making it important for you to consult an accountant who can clarify your options.

Contact Our Experienced DuPage County Family Law Lawyers

If you are in a same-sex relationship and have any questions related to your rights, we encourage you to contact our highly skilled DuPage County family law lawyers at Mevorah & Giglio Law Offices.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000