Family & Safety

Adoption is when a person becomes the legal parent of another person.  The person(s) adopting is considered the “petitioner.” The person to be adopted can be a child or an adult and is referred to as the “adoptee.”  Adoptions often happen when the biological parents either give up their parental responsibilities to care for and make decisions for a child or are unfit to be parents.  

There are five basic types of adoptions:

• Related (or "Kinship") Adoption: One or both of the adopting parents are related to the person who is being adopted. An example is a step-parent who wants to become the legal parent of their spouse’s child, or a grandparent, aunt or uncle, or cousin of the first degree, wants to adopt. It is usually easier for a person to adopt a child who is related to them.
• Agency Adoption: Either a child’s biological parents give the child to a licensed public or private agency, or the court ends parental rights and gives the agency the authority to place a child with adopting parents.
• Private Adoption: Neither of the adopting parents is related to the child, and the placement is not made by an agency. There are multiple types of private adoption, including independent adoption and adoption through identification. Usually, the child is given to the adoptive parent right after birth. The birth parents have 72 hours after the child is born to change their minds about the adoption.
• Adoption of an Adult: A person older than 18 years is related to or has lived with one or both of the adopting parents for more than two years.
• Standby Adoption: This happens when a biological or adoptive parent expects to die of illness and agrees to let a certain person adopt the child. The biological or adoptive parent must tell the court when to make the adoption final, or it becomes final after the biological parent’s death.

A person can adopt a child if:

• They are at least 18 years old (this can be waived if there is a good reason);
• They do not have a legal disability (blindness is excluded);
• They have lived in Illinois for at least six months or 90 days if they are a member of the Armed Forces, and
• They have a good reputation.

The residency requirement can be waived for kinship adoptions.  This includes relatives of the child, like grandparent, sibling, step-parent, step-grandparent, step-sibling, aunt or uncle, great-aunt or great-uncle, or first cousin.

Usually, there are two married adopting parents in an adoption. However, people who are single can also adopt a child. For people who are married, their spouse must be a part of the adoption process unless they have been separated and living apart for more than a year. The spouse must meet all of the same adoption requirements. Unmarried couples may adopt, but their relationship should be long-term and stable.

Adoption is similar to a person obtaining custody or guardianship over a child in that the petitioners are granted the sole right to the possession and care of a child.  In a guardianship or custody case, the person who obtains guardianship or custody will have the right to primarily care for the child.  If a non-parent becomes guardian or custodian, the biological parents retain rights and responsibilities involving the child.  The biological parents will often be given rights to visit the child and may also be obligated to help financially support the child by paying the guardian or custodian child support. Additionally, a biological parent keeps the right to try to later get the primary care of the child back by terminating the guardianship or changing the custody order.  

The primary difference between adoption and either guardianship or custody is that an adoption will terminate the parents’ rights permanently.  After an adoption, the biological parent(s) will not retain any rights or responsibilities involving the child. They may not get rights of access to or visitation with the child.  They will not have to support the child.  Most importantly, they can never seek to terminate or change the adoption and attempt to get the child returned to them. Legally, the biological parents become strangers to the child after the adoption.  

Like most lawsuits, an adoption case starts with the filing of a document called a “complaint.” The complaint in adoption cases is called a Petition for Adoption. After the Petition for Adoption is filed, the adoptive parents and child will have to appear in court for something called an “Initial Presentment.” During this court date, the judge will get to know the family, set a timeline for completion of the case, and appoint an attorney, known as a Guardian ad Litem (GAL), to determine whether the adoption is in the child’s best interests. 

Adoptions generally involve three parts: (1) the termination of parental rights; (2) determining whether the adoptive parents are fit to adopt; and (3) determining whether the adoption is in the child’s best interests. The case will have periodic court dates called “case management dates” until the judge is satisfied that these three parts have been completed. If these requirements are met, the judge will sign and enter a final Judgment for Adoption.

The judge must find that the adoptive parents are fit to adopt and that the adoption is in the child’s best interests. In order to show they are “fit,” adoptive parents must provide information regarding their living situation, household members, income, and employment history. They also typically have to submit to background checks by the Department of Children and Family Services (DCFS) and fingerprint-based criminal background checks.

 The Guardian ad Litem (GAL), appointed to represent the child’s best interests, will conduct interviews and gather additional information. If the adoptive parents are not related to the child being adopted, then there will also be a home study done by an independent, county-provided investigator. That investigator will visit the family’s home and provide the judge with a detailed report. In cases where the adoptive parents are related to the child, the GAL is the investigator. The adoption will not be finalized unless the GAL finds that the adoption is in the best interests of the child and the investigator finds that the adoptive parents are fit to adopt.

Technically, yes. The rights of the biological parents must be terminated in every adoption case. Parental rights are terminated by the death of a parent, a parent appearing in court to sign a Final and Irrevocable Consent to Adoption, or by the judge making a finding that the parent is unfit. A finding that a parent is unfit can be made by “default,” meaning without the parent’s participation, if the parent was properly served with the Petition for Adoption and fails to respond to the lawsuit. If the parent participates in the case and does not consent to the adoption, then there will usually be a hearing regarding the parent’s unfitness, where everyone is allowed to present their case.

In 1995, the Illinois Appellate Court interpreted the Illinois Adoption Act as having no language prohibiting LGBTQ+ individuals and couples from petitioning to adopt. Single LGBTQ+ individuals, as well as married and unmarried LGBTQ+ couples, can adopt provided that they qualify and comply with all state requirements, and the adoption is in the child’s best interests. 

Adoption agencies coordinate adoptions between birth parents who want to place a child for adoption and people who want to adopt. In agency adoptions, people seeking to adopt must be interviewed and approved by an agency. In Illinois, that agency must be licensed through the Department of Children and Family Services (DCFS). Agency adoptions typically follow the same procedure as other adoptions, but the agency may have certain additional requirements, like a minimum amount of time that the child must live with the adoptive parents before the adoption can be finalized.

Step-parent adoptions are adoptions where one of the adoptive parents seeking to adopt the child is a biological parent of the child and is married to the other adoptive parent. These types of adoptions are more straightforward because the biological parent does not need to undergo a criminal background check. Also, because that biological parent is petitioning to adopt, they are already consenting to the adoption. This means there is one less parent whose rights must be terminated.

No, step-parent adoptions still require that the judge find that the adoptive parents are fit to adopt and that the adoption is in the child’s best interests. The judge will still appoint a Guardian ad Litem to represent the child’s best interests, and parental rights must be terminated. However, because step-parent adoptions are “related” adoptions, no home investigation report is needed. 

Yes.  A biological parent can agree to terminate their parental rights and allow other people to adopt by signing a Final and Irrevocable Consent to Adoption.  This form says the biological parent gives up their rights as a legal parent so the adopting parents can take on full legal parental responsibilities. It is important that the biological parent understands what signing this form means, as it cannot be undone unless they can show they were forced or tricked into signing the paper. This form is only valid if signed in front of a judge or other person authorized to take a parent’s consent to an adoption. 

Yes, if the person to be adopted is 14 years or older at the time the judge approves the adoption, they must consent to the adoption.

If one or both of the child’s biological parents do not agree to give the child up for adoption, the adopting parents can ask the court to declare that the parent is unfit or unable to care for the child. A court will decide that a parent is unfit if that parent:

• Abandoned the child;
• Failed to show a reasonable amount of interest, concern, or responsibility for the child's welfare;
• Deserted or neglected the child; or
• Treated the child with extreme or repeated cruelty.

If the biological parent does not agree to give the child up for adoption, and the court finds that the parent is not unfit, the adoption will not happen. 

A search of the Putative Father Registry must be done to make sure that no supposed father of the child has registered. This way, the adoptive parents can make sure that the consent of the supposed father is not necessary. 
 

Yes. A pregnant woman can agree to let others adopt her child when it is born. The adopting parents can pay for expenses during the pregnancy if they get permission from the court to do this.  The biological parents can change their minds about the adoption for 72 hours after the birth of the child.

In Illinois, a biological father can generally prevent a mother from giving a child up for adoption, unless his parental rights have been terminated by the court.

 

Adoption is a permanent termination of your parental rights.  If you want a relative to take care of your child temporarily, consider guardianship or allocation (custody).

If you have legally adopted a child in another country, you do not have to file an adoption in Illinois.  However, filing in Illinois gives you US adoption papers, so most families decide to go through this adoption process as well.

Yes, adult adoptions typically take less time and require fewer court dates. In order to adopt a person over the age of 18, the person adopting must either (A) be related to the adult; or (B) have lived with the adult for two years in a row at some point prior to the adoption. The person adopting must still file a Petition for Adoption, but once that document is filed, there will be a court date. At that court date, the judge will make sure that everyone consents to the adoption and will finalize the judgment as long as everything has been filed correctly and the requirements above are met.

In Illinois, a legally adopted child generally does not inherit from their biological parents, and instead, they inherit from their adoptive parents as if they were their biological children. There are, however, some complex exceptions to this general rule, and one interested in adoption should consult with a lawyer. 

The process of adoption can sometimes be complicated, so getting a lawyer to help you is recommended.  If you live in Cook county, you can contact Chicago Volunteer Legal Services (CVLS) for free help.  You can use Get Legal Help to submit an online application for help from them.  If you live outside of Cook county, you can use Get Legal Help to find legal aid and private attorney referrals. CVLS may also be able to take your case under limited circumstances.

You can learn more about adoptions in Illinois by reading:

• Illinois Adoption Act, 750 ILCS 50
• Basics of Adoption Court for Self-Represented Litigants (Cook county)
• Adoptions (Cook county)
• Adoption Court Procedures (Cook county)

There are no forms to start the adoption process on this site. Given how complicated the process can become, it is recommended that a lawyer help you.  If you live in Cook county, you can contact Chicago Volunteer Legal Services (CVLS) for free help.  You can use Get Legal Help to submit an online application for help from them.  If you live outside of Cook county, you can use Get Legal Help to find legal aid and private attorney referrals. CVLS may also be able to take your case under limited circumstances.

You can also learn more about doing legal research on your own.