Advocates celebrate final passage of the Illinois Equality for Every Family Act

Advocates celebrate final passage of the Illinois Equality for Every Family Act

During these times of unrelenting attacks by the federal administration against the lives of LGBTQ+ people, advocates celebrated the Illinois General Assembly's final passage on Wednesday of critical legislation that will ensure the state's laws see and respect every family, including LGBTQ+ families and families formed 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 expanded protections for children in Illinois to ensure equitable access to a secure legal family. The bill will now return to Governor JB Pritzker for his final review and certification.

The Equality for Every Family Act was advanced by Equality Illinois and the Chicago Therapy Collective with best practice technical expertise provided by legal experts from across the country.

"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. "Thank you to Governor Pritzker, President Harmon, Representative Katz Muhl, Speaker Welch, our expert legal partners, and our committed advocacy partners. We are especially grateful to Iggy for publicly sharing their story and inspiring this legislation. With the Equality for Every Family Act, Illinois continues to move forward for equality and inclusion."

"When my child was born, I was told I couldn't be on his birth certificate - because I am not a man, because I am nonbinary, and because I am in a queer relationship, I was presumed not to be his parent. 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. Thank you to Representative Katz Muhl, President Harmon, Governor Pritzker, and Equality Illinois for their leadership."

"We are grateful to Senate President Don Harmon, Representative Tracy Katz Muhl, Governor JB Pritzker, and Equality Illinois for their work to achieve this important milestone for Illinois children and families, and look forward to the governor certifying the legislation," said Polly Crozier, GLAD Law Director of Family Advocacy. "These updates to Illinois' laws reduce barriers to families accessing legal parentage, which is vital to ensuring that children have the security and stability they need. Particularly at a time when LGBTQ+ people and families face increasing attacks across the country, these protections are essential to ensuring that all Illinois families - particularly those formed 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 Uniform Parentage Act of 2017 (UPA 2017), on which this legislation is based.

"I am incredibly proud to be a citizen of Illinois," said Nidhi Desai, Director of Assisted Reproductive Technology for the Academy of Adoption and Assisted Reproduction Attorneys. "Every family deserves legal recognition and protection, regardless of how they are 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 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 moreparents 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. Fourteen states have modernized their VAP provisions to be more efficient and fair: California, Colorado, Connecticut, Hawaii, Maine, Massachusetts, Maryland, Michigan, Nevada, New York, Oregon, 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 Chicago Therapy Collective, 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 initially passed the Illinois General Assembly in May. In coordination with Equality Illinois, Governor Pritzker amendatorily vetoed the bill in August in order to correct drafting errors in the final language. During the October veto session in Springfield, the Illinois General Assembly adopted the governor's proposed changes. The bill now returns to Governor Pritzker for his final review and certification. Once certified by the governor, the legislation will take effect immediately except for the provisions updating the voluntary acknowledgement of parentage process, which take effect on January 1, 2026.