Where do I obtain a civil union license and is there a waiting period?

A couple who intends to enter into a civil union in Illinois must apply in person for a civil union license at the county clerk's office (List of county vital record websites or county clerk addresses) where the civil union will be performed. Before issuing a civil union license to a person who resides and intends to continue to reside in another state, the county clerk will require affidavits or otherwise that the person is not prohibited from entering into a civil union by the laws of his/her jurisdiction.

The application for a license must be signed by both partners in the presence of the county clerk. A representative cannot apply for the license on behalf of any of the partners. This applies even if the representative has been given power of attorney.

Illinois has a one-day waiting period. For example, if the license is applied for on Wednesday, the civil union may occur on Thursday. For just cause, the one-day waiting period may be waived by petitioning the court.

How long is the license valid?

A civil union license is valid for 60 days, beginning the day after it is issued.

How much does it cost?

Each county sets its own fee for a civil union license. Please contact the specific county to obtain the correct fee required. (List of county vital record websites or county clerk addresses)

Is a blood test or exam by a physician required to enter into a civil union?

No.

Does Illinois restrict some civil unions? Are same sex marriages allowed in Illinois?

Certain civil unions are prohibited under the Illinois Civil Union Act (PA 096-1513). These include a civil union entered into prior to both parties attaining 18 years of age; a civil union entered into prior to the dissolution of a marriage or civil union or substantially similar legal relationship of one of the parties; a civil union between an ancestor and a descendent or between siblings whether the relationship is by the half or the whole blood or by adoption; a civil union between an aunt or uncle and a niece or nephew, whether the relationship is by the half or the whole blood or by adoption; and a civil union between first cousins.

Same sex marriages are prohibited in Illinois.

Are there any special requirements for those individuals who have been in a previous marriage or civil union?

Information regarding how previous marriage or civil union ended must be furnished in the application for a civil union license. This includes whether the former spouse or partner died or a dissolution took place and, if so, when and where the dissolution was granted. A certified copy of the dissolution decree(s) or certificate(s) of dissolution of marriage or civil union may be required by the clerk issuing the civil union license.

Is a civil union ceremony required?

No particular type of ceremony is required. The law simply requires the civil union to be performed by certain public or religious officials.

Who can certify a civil union?

A civil union may be certified by:

• a judge of a court of record;
• a retired judge of a court of record;
• a judge of the Court of Claims;
• a county clerk in counties having 2 million or more inhabitants; by a public official whose powers include solemnization of marriages;
• an officiant in accordance with the prescriptions of any religious denomination, Indian nation or Tribe or Native group, provided that the officiant is in good standing with his or her religious denomination, Indian Nation or tribe or Native Group.

The person performing a civil union shall complete the certificate and forward it to the county clerk within 10 days after a civil union.

Where can I get copies of my civil union license?

Certified copies of civil union records are available from the county clerk in the county where the civil union was performed. (List of county vital records websites or county clerk addresses.)