Equality Illinois – During Pride Month and these times of unrelenting attacks by the federal government against the lives of LGBTQ+ people, advocates are celebrating the Illinois General Assembly’s passage of critical legislation that will ensure the state’s laws see and respect every family, especially LGBTQ+ families and families built through assisted reproduction and surrogacy. Sponsored by Senate President Don Harmon and State Rep. Tracy Katz Muhl, the Equality for Every Family Act (HB 2568) provides every child in Illinois with equitable access to a secure legal family.“This is an overdue modernization of existing law that recognizes that there are many ways to make a family,” said President Harmon. “We want every child to begin their life knowing that they are loved and they belong, no matter what their family looks like.”
“For more than a year, families created through IVF and other forms of assisted reproductive technology have lived with uncertainty and fear. These families, who are often from our LGBTQ+ community, deserve the same protections as every Illinois family,” said Rep. Katz Muhl.
“The Equality for Every Family Act embraces modern reproductive technology, codifies existing Illinois court procedures, and conforms with national Uniform Law Commission recommendations to make Illinois a leading, best practice state for parents and children.
”The Equality for Every Family Act was advanced by the Chicago Therapy Collective; Equality Illinois; Courtney Joslin, Professor of Law at UC Davis School of Law and Reporter for the Uniform Parentage Act (UPA) of 2017; Nidhi Desai, Director of Assisted Reproductive Technology for the Academy of Adoption and Assisted Reproduction Attorneys; and Polly Crozier, Director of Family Advocacy at GLAD Law.
“When my child was born, I was told I couldn’t be on his birth certificate—because I am non-binary and in a queer relationship. Today, Illinois has taken a powerful step to right that wrong,” said Iggy V Ladden, Executive Director and Founder of the Chicago Therapy Collective. “The Equality for Every Family Act affirms that every family deserves recognition, protection, and dignity. No more erasure, no more legal hoops. We are equal under the law. Period.”
“The Equality for Every Family Act honors our state’s values of equality and inclusion and ensures that state law sees and respects every family in Illinois, especially LGBTQ+ families who are under relentless attack by the federal administration,” said Mike Ziri, Director of Public Policy at Equality Illinois.
“We are grateful for the leadership of President Harmon, Representative Katz Muhl, Speaker Welch, our expert legal partners, and our committed advocacy partners. We are especially grateful to Iggy for sharing their story and inspiring this legislation. With the Equality for Every Family Act, Illinois continues to move forward for equality and inclusion.
”“We are grateful to Senate President Don Harmon, Representative Tracy Katz Muhl, and Equality Illinois for their work to achieve this important milestone for Illinois children and families,” said Polly Crozier, GLAD Law Director of Family Advocacy. “These updates to Illinois’ parentage laws reduce barriers to accessing legal parentage for children, which is vital to ensuring that children have the security and stability they deserve. Particularly at a time when LGBTQ+ people and families face increasing attacks across the country, these protections are essential to ensuring that all families – particularly those built through assisted reproduction and surrogacy – are treated equally.”
“This critical legislation fills gaps in existing Illinois parentage law,” said Courtney Joslin, UC Davis Law Professor. “Having comprehensive parentage laws is critical for the security and stability of children and their families.” Joslin was the Reporter for the UPA (2017), on which this legislation is based.
“I am incredibly proud to be a citizen of Illinois,” said Nidhi Desai. “Every family deserves legal recognition and protection, regardless of how they’re formed, and this legislation takes great strides to protect vulnerable families and children to ensure they have the same rights as all other families.
”The legislation provides stronger alignment between the state’s parentage and surrogacy laws and the UPA of 2017 and modernizes the existing laws with current science and assisted reproductive technologies. In particular, the legislation will:
-Expand the voluntary acknowledgement of parentage (VAP) process so more parents can acknowledge their rights and responsibilities to a child regardless of whether they are married to the person who gave birth to the child. These acknowledgements happen immediately after the child’s birth in the hospital without the need for an attorney or judge. At present, VAPs in Illinois apply only to paternity and, therefore, only a man can acknowledge his parentage. The Equality for Every Family Act will allow a partner in a same-sex relationship to provide that same acknowledgement of parentage and thereby undertake all the rights and responsibilities for the child. Without the legislation’s changes to the VAP, the only method by which same-sex couples can establish their parentage is by hiring an attorney and going to court. Twelve states have modernized their VAP provisions: California, Colorado, Connecticut, Maine, Massachusetts, Maryland, Michigan, Nevada, New York, Rhode Island, Vermont, and Washington.;
-Establish a uniform and streamlined confirmatory adoption provision throughout the state for children born through assisted reproduction (where the intended parents are already recognized as the legal parents). Eleven other states have enacted confirmatory adoption statutes: California, Colorado, Maine, Maryland, Nevada, New Hampshire, New Jersey, New Mexico, Rhode Island, Vermont, and Virginia; and
-Update the assisted reproduction and surrogacy provisions in the Parentage Act and the Gestational Surrogacy Act to better align with the UPA of 2017.The Equality for Every Family Act is supported by a diverse group of organizations, including the Illinois State Bar Association, Chicago Bar Association, Office of the Cook County Public Guardian, Uniform Law Commission, Illinois AFL-CIO, Chicago Federation of Labor, Personal PAC, Sierra Club Illinois, Illinois Coalition for Immigrant and Refugee Rights, Planned Parenthood Illinois Action, and Planned Parenthood Great Rivers Action.The Equality for Every Family Act passed the Illinois Senate 36-19 on May 29 and the Illinois House 77-40 on May 31. The legislation has been transmitted to Governor JB Pritzker for his review and action.