Equitable Adoption: Are Kids Parental Property in Illinois?

You own a house in Illinois. You invite your significant other or your mom to live with you. You have a big fight with your roommate. You throw your former partner or your mom out of the house. You can usually do this because the house is your property, even if it means your house will be less clean.Alternatively, you are a single parent who invites your significant other or your mom to live with you and your kid in your house in Illinois. You allow your partner or your mom to assume significant childcare and housecleaning responsibilities. Your partner or mom does quite well in both caretaking and housekeeping. Perhaps you marry your partner. Regardless, then you break up with your partner, or have a big fight with your mom. You throw your former partner (or spouse) or mom out of your house and out of your kid’s life. You can do this because the house is your property and because you have superior parental rights regarding your kid’s continuing care.But should the limits on your control of your house differ from the limits on your control of your kid? Should it matter if you are a bad housekeeper or a bad parent? Your kid may sorely miss the childcare provided by your former partner (or spouse) or mom, but your house will never notice their absence, even if it is less clean. While fights and breakups will not prompt your diminished control over your home, should they sometimes prompt your diminished control over your kid? Should your former partner be eligible, upon request, to be deemed a second parent or a continuing nonparent child caretaker over your objection? Should your mom be eligible, upon request, to obtain a continuing contact court order with her grandchild over your objection?Reasonable people have varying opinions on when superior parental rights should yield to second parenthood, to former stepparent visitation, or to grandparent visitation. Outside of Illinois there are differing American state laws. Many of the differences elsewhere arose because of the changes in artificial insemination; marital stability; adultery; procreative sexual conduct; unwed households; and grandparent-grandchild relations. De facto parenthood, equitable adoption and comparable doctrines allow in some states for second parentage arising from earlier parental-like childcare though there are no biological ties or no formal adoptions. And former stepparents and/or grandparents may sometimes override parental objections when these nonparents pursue court-ordered childcare.Unfortunately, Illinois legislators have yet to debate fully and to resolve these important issues. In March, 2015, the Illinois Supreme Court declined to decide some of these issues in the case of In Re Scarlett Z.D.. It preferred Generally Assembly action.This article considers: What circumstances prompted a unanimous Illinois Supreme Court to act as it did? What has the Illinois General Assembly recently considered regarding these issues? And, what should the people of Illinois and their legislators do next if they wish to debate, and then perhaps facilitate, more continuing childcare serving the best interests of Illinois kids, even if over parental objections?