State Laws and Legislation

Illinois Adoption Law

Permits single LGBT individuals to petition to adopt? Yes.
Illinois law states that "a reputable person of legal age and of either sex" may petition to adopt.  (750 ILL. COMP. STAT. 50/2)

Permits a same-sex couple to jointly petition to adopt? Yes.
(Petition of K.M., 653 N.E.2d 888 (Ill. App. Ct. 1995))

Permits a same-sex co-parent to petition to adopt partner’s child or child of the relationship? Yes.
(Petition of K.M., 653 N.E.2d 888 (Ill. App. Ct. 1995))

Details: Illinois law permits any adult individual or married couple to petition to adopt. This provision has been interpreted to permit lesbian and gay individuals and same-sex couples to adopt if it is found to be in the best interests of the potential adoptee(s). In 1995, a state appellate court affirmed that "nothing in the [Adoption] Act suggests that sexual orientation is a relevant consideration, and lesbians and gay men are permitted to adopt in Illinois." (Petition of K.M., 653 N.E.2d 888 (Ill. App. Ct. 1995)

Updated: Wed, December 09, 2009 - 12:00:51