LGBTQIA+ Family Protections

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 that next step, it may be important for you to know that they are not the same in terms of protection and recognition.  

In 2014, Illinois passed a state law legalizing same-sex marriage. The U.S. Supreme Court followed in 2015 with its decision in  Obergefell v. Hodges, legalizing same-sex marriage across the country..  Laws in Illinois treat same-sex married couples the same as other married couples – both in marriage, and in divorce. Marriage gives you all the state and federal rights of a spouse, including Social Security, inheritance protections, possible immigration benefits, and joint tax filing.  

Civil unions for same-sex couples have been legal in Illinois since 2011. These continue to be an option for couples in Illinois. Civil unions provide state protections, such as inheritance, state tax filing, and hospital visitation, but none of the federal benefits including immigration, social security, and federal tax benefits. Civil unions may also not be recognized in other states if you move out of Illinois. 

Whether you are already raising children or planning to, Illinois law supports and protects LGBTQIA+ parents. You can have custody and legally adopt, and discrimination against you in this process is illegal. How you’re legally recognized can depend on your relationship to your partner and to the child. 

If your partnership includes a birthing parent, the current law provides four ways in which someone other than the birthing parent may be presumed to be the parent: 

1. When the child is born while the spouses are married to each other. 

2. When the child is born after the marriage is over, but within 300 days of the end of the marriage. This rule applies to children conceived during the marriage but who are born after the marriage ends. 

3. When the child is born during the marriage or civil union or within 300 days after it ends, but the marriage or civil union was, or could be, at some point declared invalid. 

4. When, after the child’s birth, the person and the birthing parent marry or enter a civil union and the person is also named on the child’s birth certificate, with the person’s written consent.  

Note that these presumptions, and the rules around who is considered a parent, may soon expand under the Equality for Every Family Act. This act  passed the Illinois General Assembly on May 31, 2025 and is currently awaiting the Governor’s review.

If you have a birthing parent but do not meet one of the above situations, you can complete a second-parent adoption. Doing so 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. For couples that do not include a birthing parent, both individuals would need to adopt the child to establish themselves as the child’s parent. 

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. 

If you are facing discrimination, whether it is a hospital refusing to recognize your partner, a refusal to be added to a birth certificate, a school excluding you from decisions about your child, or an Illinois government form that misgenders you, you have options to explore under Illinois law. Please see the resources below and contact our legal hotline for advice and referrals at 855-805-9200 (launching August 24, 2025). 

Our LGBTQIA+ community thrives on mutual support and compassion, and no one knows this better than our LGBTQIA+ elders. From covertly sharing healthcare resources before there were publicly welcoming spaces, to stepping forward as caregivers for our chosen family, our history proves we have been there for one another when it matters most. We rise to face tough challenges and support one another, as the trailblazers we are. Our LGBTQIA+ elders in Illinois have the right to be free from discrimination based on their identity, and we have worked to compile affirming resources that will honor the collective strength of our community.