On September 18, 2020, the nation was devastated with the announcement of one of the U.S. Supreme Court’s most prominent Justices, Ruth Bader Ginsburg’s, death. Justice Ginsburg was a voice for many marginalized groups in America, especially the LGBTQ community. Among her most recognized endeavors, was her supporting vote in favor of granting same-sex couples the right to get married in all 50 states. Justice Ginsburg’s death has undoubtedly caused civil unrest and has potentially placed LGBTQ rights at risk as a seat on the Supreme Court is now vacant for the President to fill. With the legalization of same-sex marriage came the legalization of LGBTQ adoption in the United States. However, there are still many countries that do not recognize equality amongst the LGBTQ community, and given the controversial political climate, it is important for same-sex couples to understand their rights when adopting a child.

When most people think of adoption, they think of a typical scenario in which the biological parents give up their rights to their child and another couple is granted parental rights to that child through the adoption process. However, same-sex adoptions work much differently. While it may seem obvious, the biological parent automatically has rights to the child by virtue of giving birth to that child. But, in a same-sex relationship, the other non-biological parent’s parental rights are not absolute. Therefore, adoption is necessary to safeguard those rights in countries or within institutions that may not recognize same-sex rights or in the event that same-sex rights are ever nullified or modified to impact parental rights.

Same-sex adoption or “second parent adoption” are terms that refer to the same thing: the rights of a second parent (the non-biological parent) to adopt a child and formally obtain parental rights. A same-sex adoption, therefore, creates a legally binding relationship between the second parent and the child. The process begins with the filing of a Petition for Adoption with the Court. During the adoption proceedings, the Court will appoint a Guardian Ad Litem and require that the prospective adoptive parent undergo a criminal background check. Once all of the necessary requirements are met, the Court will then enter a final Judgment Order of Adoption formalizing the second parent’s rights to the child.

Discussing finances might be just about the least romantic part of any prospective marriage. It is certainly not ideal to start a marriage planning for what happens in the event of divorce. However, it is an unfortunate reality for many couples, with some statistics showing over fifty percent (50%) of marriages end in divorce. Many divorces are caused by disagreements over finances. However, being able to communication maturely about financial issues and your concerns is actually a very responsible way to start a new marriage.

There are many reasons couples seek prenuptial agreements, among them are the following:

1. One party owns a business, real estate, or other asset they wish to protect as separate property;
2. One or both parties have been divorced or have children from other relationships and want to make sure those children are taken care of financially;
3. One party earns substantially more income than the other party;
4. One party is the beneficiary of a trust or expecting a sizeable inheritance;
5. A party’s family wants them to have a prenuptial agreement to protect family assets; or
6. The parties have heard horror stories about the cost of divorce attorneys and want to keep things amicable “just in case.”

Prenuptial agreements can address a variety of financial issues, including maintenance (formerly known as alimony), attorneys’ fees, division of assets and liabilities, and the definition of marital or nonmarital property. Many are unaware that in the State of Illinois, the way assets are titled is not the deciding factor of their classification as marital or non-marital. For example, just because you have a retirement account or pension in your sole name, even if you had it before you were married, does not mean your spouse has no claim to the asset in the event of divorce. A prenuptial agreement, however, can specify that these assets are to remain your sole property and not subject to division by the court in the event of divorce if you and your spouse so choose. However, a prenuptial agreement cannot address any child related issues including parenting time or child support. 

Section 505 of the Illinois Marriage and Dissolution of Marriage Act obligates both parents to provide support for their minor children.[1]  In some family law cases, enforcing child support payments can be difficult, particularly if the parent who owes support is not generating steady income but may have assets from which to pay child support.

Protecting the best interests of the children and ensuring that they receive enough support is one of the most important goals of the court system.  As such, many states, including Illinois, authorize a court to impose a child support trust, for the benefit of the children.  A child support trust is a way to make sure the children are always supported finically.

Section 503(g) of the Illinois Marriage and Dissolution of Marriage Act states:

When a party has violated a court order, there are several remedies the aggrieved party can request from the Court, one of which is that the violating party be held in contempt of court. There are four types of contempt: Direct Criminal Contempt, Indirect Criminal Contempt, Direct Civil Contempt, and Indirect Civil Contempt. So what do each of these types of contempt mean and which is appropriate for your situation? 

Generally speaking, the primary difference between civil and criminal contempt is the purpose for which the contempt sanctions are imposed. Civil contempt proceedings are designed with the intention of compelling the violating party to comply with the court order (“the contemnor”) or, more specifically, to perform a particular act required in the order. Criminal contempt proceedings are instituted with the purpose of punishing a person for their past misconduct. Criminal contempt is a much more extensive proceeding which requires a greater burden of proof, which is why generally in domestic relations proceedings contempt petitions are brought as civil actions.

Civil contempt proceedings have two key components. First, the contemnor must have the ability to take the action sought by the aggrieved party. Second, no further contempt sanctions will be imposed once the contemnor complies with the pertinent court order (outsides of attorneys fees which are awarded when there is a contempt finding). This means that the contemnor must have the opportunity to purge himself of contempt by complying with the pertinent court order without further penalty being imposed. In civil contempt proceedings, the petitioning party needs only to prove by a preponderance of the evidence that a contemnor has violated a valid and clear court order.  The burden then shifts to the violating party to prove that the violation of the order was not willful of contumacious.  For example, in a domestic relations case where a parent has failed to comply with a child support order, the parent owed support may bring a Petition for Indirect Civil Contempt against the non-complying parent. Usually, in these proceedings, the contemnor has the ability to purge themself of contempt by paying the outstanding child support owed without further penalty.  However, a party can be found to have violated a court order, yet not be in contempt of court because their conduct had a justifiable reason. 

The “traditional” American family is changing, and assisted reproduction techniques are consistently advancing. Egg donation is the process by which a woman donates her eggs to a recipient through the Vitro fertilization process. The eggs are then fertilized with sperm and implanted into the recipient.

Currently, no statutory law exists in Illinois that governs egg donation. However, egg donors and recipients commonly hire attorneys to represent each of them in drafting an Egg Donor Contract or Egg Donor Agreement. Some doctors actually require a written agreement before beginning the egg donation process. Egg donors may choose to remain anonymous if they so desire.

Since there is no egg donor legislation in Illinois, the Egg Donor Agreement governs the rights of each party involved in the egg donation process. There are important provisions that should be implemented into the Egg Donor Agreement. The following questions should be addressed by the parties prior to egg donor services being initiated: