Since same-sex marriage is legal in Illinois, many couples are planning to start families. LGBT couples planning a family have similar experiences as other married couples but the main differences lie in parental planning and guardianship.

Below are a few important legal questions regarding the guardianship of minors that same-sex couples should consider when planning to start their family:

1. Who will care for the minor if one of the parents passes away?
2. Will the other parent legally adopt the child?
3. Who will be responsible for financial management if one of the parents dies?

We encourage clients to have a guardianship plan in place and appoint two individuals to handle the estate and two separate individuals to oversee the personal care. It’s important to have conversations with the people you appoint, outlining their responsibilities and explaining the process in which they will be involved in this role.

1. What is their relationship to you?
2. Have you discussed this responsibility with them?
3. What financial arrangements have been made for the future care of any minors?
4. Have you informed and explained your plans to the person named as your child’s guardian?

For same-sex married couples in Illinois, legal adoption is recommended. This would involve a second-parent adoption, which largely prevents any legal questions, confusion, or potential future problems.

We also do not recommend having a joint trust in same-sex partnerships and marriages. Trusts can be set up individually while maintaining similarities in estate planning. In this arrangement, if something were to happen to your partner, their trust would remain separate, allowing their wishes to be carried out without complications. Protect your family from stress and legal issues by creating a plan for the future.