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Frequently Asked Questions
How do our names get placed on our child’s birth certificate?
Illinois has an administrative process for gestational surrogacy arrangements that allow the intended parent(s) names to be placed on the original birth certificate prior to birth without any court involvement. This is possible only if there is strict compliance with Illinois law.
What is a confirmatory adoption and why might we need one?
A confirmatory adoption is a streamlined process to confirm a parent’s existing legal relationship to a child that results in a court order. Although for practical purposes a birth certificate should be sufficient to demonstrate legal parentage to the child a birth certificate does not carry the same legal weight as a judgment issued by a court of law. The consensus among LGBTQ+ legal experts is that parents should not rely solely on a birth certificate, which is an administrative document, but should instead secure their parental rights through a court order. Orders issued by any court in the United States are ‘portable’, meaning they should be recognized by other states pursuant to the Full Faith & Credit Clause of the United States Constitution, and under international treaties, in many countries around the world.
Is it possible to obtain a court order of parentage instead of a confirmatory adoption?
Yes. Illinois also has a streamlined process to obtain an order of parentage both pre-birth and post-birth. International clients may require a judgment to return to their home country, and intended parent(s) who reside in the United States may be advised to seek a judgment to fully protect their parental rights to the child.
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