Schaffer Family Law, Ltd. A World-Class Family Law Firm in Naperville

Call us today to schedule an initial consultation
630-848-9955

Appeals court decides on custody case for same-sex couples

In Illinois and throughout the nation, courts are facing family law issues related to same-sex couples. These can be especially complex cases, with the changing landscape of how these relationships are viewed. This makes it important to watch legal decisions. It is of notable importance when same-sex partners share a child, with one being the biological parent, and the couple decides to end their relationship. The allocation of parental responsibilities can be one of the most difficult family law issues.

Recently, an Illinois appeals court decided that a woman whose ex-wife had a child using artificial insemination will be granted parental rights despite them not being biologically linked. This case will not only be applicable to same-sex parents, but to opposite sex parents as well. The couple married in Iowa nine years ago. They moved to Illinois. They then decided to have a child via artificial insemination. They stated they were the co-parents when the child was born and this was noted on the birth certificate. They separated when the baby was 7-months-old and eventually got a divorce.

In Illinois, same-sex marriage was not recognized until 2014. The U.S. Supreme Court recognized it the next year. This case centered around whether the non-biological parent had a right to recognition as a parent. The court determined that she does. As the case moved forward, the women were sharing parental responsibilities. It should be remembered that with this decision stating that non-biological parents being granted parental responsibilities, it also carries with it the requirement to pay child support if the situation calls for it.

Same-sex family law cases are still relatively new. Issues such as child support, child custody, spousal maintenance and any other issue that falls under family law can be up for dispute. As this dispute shows, the courts are making determinations based on myriad factors that go beyond biological connection.

Source: chicagotribune.com, "After lesbian couple splits, court rules nonbiological parent has right to child ex-wife carried," Robert McCoppin, May 1, 2018

No Comments

Leave a comment
Comment Information
AV Peer Review Rated AVVO Leading Lawyers Find a Better Lawyer Faster American Academy Of Matrimonial Lawyers International Academy of Family Lawyers Super Lawyer David N.Schaffer American Bar Foundation Fellows

When you are ready to discuss your family law matter with an experienced lawyer, we are here for you. Call us today at 630-848-9955 or contact us online to arrange your initial consultation.

Review Us

Contact The Firm

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Office Location

Schaffer Family Law, Ltd.
200 East 5th Avenue
Suite 108
Naperville, IL 60563

Phone: 630-848-9955
Fax: 630-922-4507
Naperville Law Office Map