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How does the ruling on same-sex marriage affect gay adoption?

On Behalf of | Dec 19, 2021 | Firm News |

With the new United States Supreme Court decision on same-sex marriage, many same-sex couples have breathed a sigh of relief to know that they can now get married and be recognized as a legal union under U.S. law. Illinois state laws have recognized the union of same-sex couples since 2011, with same-sex marriage being recognized according to state laws since 2014.

Same-sex adoption laws, however, were recognized prior to the introduction of marriage equality laws in the state. In some cases, the same-sex couple will often find it useful to get more information about adoption laws in order to help the couple to expedite a legal adoption.

But, in most cases, the new law on marriage equality will not affect a same-sex couple in Illinois initially. However, being recognized all over the country does help the couple to be secure in the relationship, as the Supreme Court ruling makes same-sex marriages a matter of law and not just a personal choice. However, some states are still fighting against the right of same-sex couples to marry, in spite of the new ruling.

One of the biggest questions that cropped up after the universal recognition in American law of same-sex marriages is what is next in the family for a same-sex couple. In many cases, same-sex couples are compelled to go through adoption or surrogacy in order to have children.

In some cases, the surrogate or the biological parents of the minor child whom the same-sex couple wishes to adopt might live outside of Illinois. In such cases, the Supreme Court decision will obviously have a huge positive impact.

Source: Forbes, “The Supreme Court’s ruling on same sex marriage opens up the surrogacy market,” Kate Harrison, July 7, 2015