In order to qualify for a civil union in Illinois you and your partner must be, at least 18 years old, neither of you is currently in a marriage or civil union and you are not closely related to each other by blood or adoption. You do not need to be a resident of Illinois to register.
Same-sex couples who have already married each other or entered into a civil unions or domestic partnerships that have similar rights in another state or country do not need to enter a new civil union in Illinois. Your status will qualify as a civil union in Illinois automatically. However, if you have a domestic partnership from some place whose civil unions offer only some benefits (such as Hawaii and Wisconsin) then those unions will probably not be recognized in Illinois.
What Rights Come with an Illinois Civil Union?
Same-sex and opposite sex couples who enter into civil unions will have many of the state rights and responsibilities as married couples. According to Lambda Legal, these are some of the rights that come with an Illinois civil union:- Duties of joint financial support and liability for family debts arising during the relationship
- Access to step-parent and joint adoption on the same terms and using the same procedures as different-sex married couples
- Legal presumption that both partners are parents of children born into the civil union. (However, legal experts still advise same-sex couples to adopt their non-biological children)
- Right to seek financial support upon breakup
- Access to custody, visitation and support orders concerning children upon breakup
- Protection under domestic violence, crime victim, and crisis assistance laws
- hospital visitation, medical decision-making, and authority to receive information about a partner’s medical condition or treatment
- Automatic ability to make funeral arrangements for a deceased partner
- Right to seek money damages for a partner’s wrongful death, lost financial support and companionship
- Right to inherit in the absence of a will
- Employment-related spousal or family benefits, including spousal health insurance for public employees (although such benefits will still be taxable under federal law as income for the employee).
- Right to file joint state income tax returns
- Some workplace benefits, including the right to a pension for the surviving civil union partner of a fireman or police officer, and where work injury causes death, funeral and burial expenses,
- Equal treatment as spouses under certain state insurance laws
- Right not to testify against civil union partner
These are state laws. Same-sex couples in Illinois will not be eligible for any federal benefits, such as Social Security or Veteran's benefits.
