3 Legal Steps Cohabiting Parents Should Take

 Posted on February 07, 2025 in Family Law

Not all couples who are in committed relationships choose to take the step of getting legally married. Some people do not believe in legal marriage for various cultural, personal, or political reasons. Many such couples choose to have a commitment ceremony that does not result in a legally binding marriage. Other couples intend to get married in the future and simply have children together first. Planning a wedding while pregnant or caring for an infant is not easy, so many couples postpone marriage until their children are a bit older. A third category of parents who cohabit but are not married are those who experienced an unintended pregnancy and are not prepared to get married but do stay together. Fortunately, there are legal steps nontraditional families can take to protect their family unit. An experienced Schaumburg, IL family law attorney can help determine what steps you should take.

Establishing Legal Parenthood 

When a child is born to a married person, her spouse is presumed to be the child’s other parent. This holds true even if both spouses are women or in other cases where the spouse could not be the child’s biological father. Unmarried couples must take steps to establish parenthood for the partner who did not give birth to the child.

If you and your significant other are the child’s biological parents, you can use a Voluntary Acknowledgment of Paternity to establish parenthood. As long as you are both willing to sign a legal document declaring that the male partner in your relationship is the child’s father, you do not need to go through a DNA test.

If you are a same-sex couple, the party who did not give birth will likely need to legally adopt the child to be considered his or her legal parent. Couples who used a sperm or egg donor should always work closely with an attorney, as the law surrounding parenthood in these cases is still evolving.

Creating a Cohabitation Agreement

A cohabitation agreement is essential for unmarried parents who live together. These agreements can establish shared or separate ownership of your assets, including household items like furniture and electronics, retirement savings, and the house itself. This can protect you if one of you passes away or becomes incapacitated or if you break up in the future.

Making Simple Estate Plans 

Couples who choose not to marry can protect each other by making a simple will to ensure that they will be able to inherit each other’s estates if they are still together when one of them passes away. Unmarried couples do not automatically inherit from each other like married couples would. All parents should have a will, as this document is necessary for naming the person you would want to become your children’s guardian if something happened to both of you.

Contact a Schaumburg, IL Family Law Attorney for Nontraditional Families 

Anderson Attorneys, P.C. is committed to protecting cohabiting parents and their children. Our experienced Cook County, IL cohabitation attorneys will do all we can to help you and your partner feel secure in your status as a family. Contact us at 847-850-8899 for a complimentary consultation.