Marriage and civil unions are protected by law for same-sex couples in Illinois. Legalizing your partnership is a personal and intimate decision, and only you know what is best for you. When taking the step to obtain legal recognition of your relationship, it is important to know that marriages and civil unions do not provide the same protections and recognitions.

Same-sex marriage has been legal in Illinois since 2014. When the U.S. Supreme Court decided Obergefell v. Hodges in 2015, same-sex marriage was legalized across the country. Illinois laws treat same-sex married couples the same as other married couples — both in marriage and in divorce.

Same-sex couples may also choose to enter into civil unions in Illinois. Civil unions for same-sex couples have been legal in Illinois since 2011, and provide various state protections, including inheritance protections, joint state tax filing, and hospital visitation rights. However, same-sex couples in civil unions do not receive the same federal benefits as married couples, such as immigration, social security, and federal tax benefits. Also, civil unions might not be recognized in other states if you move out of Illinois.

Divorce proceedings for same-sex married couples are no different than other divorces. Despite this, LGBTQIA+ couples may face certain difficulties with the recognition of their family structure. Issues such as custody, child support, and alimony may be more complicated for LGBTQIA+ families. For more information about securing legal parentage and parental rights, see the Fertility, Custody, and Adoption section below.

Marriage And Civil Union Resources:

• Illinois Legal Aid Online (ILAO) — Marriage and Civil Union

  • ‍Is there any reason to get a civil union?

  • Who can perform a wedding?

• Circuit Court of Cook County — Getting Married or Entering a Civil Union

  • Marriage and Civil Union

• Illinois State Bar Association — The Basics of Getting a Divorce in Illinois

  • Your Guide to Getting a Divorce in Illinois

• Summary of legal information on divorce generally, and when the divorcing couple has minor children:

  • A4TE Trans Survival Guide (Divorce Section)

Whether you are planning to grow your family or are already raising children, Illinois law supports and protects LGBTQIA+ parents. LGBTQIA+ families and individuals can legally adopt and have custody of children, and discrimination in the adoption and custody processes is illegal. The legal recognition of your parenthood may depend on your relationship to both your partner and the child.

In December 2025, Governor Pritzker signed the Equality for Every Family Act into law. The Equality for Every Family Act took full effect on January 1, 2026, strengthening Illinois' protections for LGBTQIA+ families. The Act expands the voluntary acknowledgement of parentage (VAP) process so more parents can have legal recognition of parentage and can do so without the need for an attorney or judge. The Act also streamlines the confirmatory adoption (second-parent adoption) process for children born through assisted reproduction, where the intended parents are already recognized as the child's legal parents. Confirmatory adoption can make your parental rights extra secure, especially in cases of moving to a new state, divorce or separation, and medical emergencies or travel complications. Finally, the Act revises its provisions on assisted reproduction and surrogacy to ensure protections for LGBTQIA+ families and unmarried couples.

For more information about the Equality for Every Family Act, read GLAD Law's summary.

Fertility, Custody, and Adoption Resources:

• Family Equality — Information on the Importance and Mechanisms of Legal Parentage

  • Presumptions of Parentage: What LGBTQ+ Families Need to Know

  • Securing LGBTQ+ Parentage by State

• ILAO — Custody and Adoption

  • Parental Responsibilities or Custody in Same-Sex Marriages

  • Adoption of a Child Common Questions

• Circuit Court of Cook County — Information on Illinois Adoptions

  • Adoptions

• GLAD Law — Helpful steps to take to protect your family

  • Protecting Families Standards

  • Standards for LGBT Families

• Summary of legal information on second parent/stepparent adoption for LGBTQIA+ folks:

  • A4TE Trans Survival Guide (Second Parent or Stepparent Adoption Section)

Birth certificates are more than a piece of paper; they can influence how schools, doctors, and governments recognize your family. Illinois allows gender-neutral parent designations on their child's birth certificate. You can be named "Parent" rather than "Mother" or "Father." Parents may be added to a birth certificate when meeting one of the custody or adoption situations above. For more information on how to correct birth certificate issues, see the Vital Records / ID Documents page.

Birth Certificate Resources:

• ILAO — Birth Certificate Issues

  • Correcting a Name on a Birth or Death Certificate

  • I want a Person's Name Removed or Put on a Birth Record