Same-Sex Marriage, Divorce, and Parental Rights
Parents are parents...
In a recent ISBA newsletter, Tamika Walker writes "If a same sex couple marries and have a child, are they both parents? Of course they are..."
In In re the Marriage of Dee J. and Ashlie J., a same-sex couple married In Iowa in 2009, moved to Illinois 2013, and conceived a child through artificial insemination. Later Dee, the child's biological parent, filed for divorce and alleged that there was no parent-child relationship between Ashlie, the non-biological parent, and the child. Even though the marriage took place in another state before enactment of the Illinois Religious Freedom and Marriage Fairness Act in 2014 and the Parentage Act of 2015, the Second District Appellate Court affirmed the lower court decision granting legal status to Ashlie finding that the parties conceived a child while married with the intent to co-parent.
If you have questions about a same-sex parentage action or any other family law issues, contact a knowledgeable family law attorney. Call David Saxe of Saxe Law LLC today at (224) 800-1351 to schedule a consultation.
