Adoption of a child governed by Illinois Adoption Act
Illinois residents who are considering adoption should be aware of the legal procedures involved.
A legal transaction governed by the Illinois Adoption Act, adoption involves legally transferring parental rights from the birth parents to the adopting parents. Adoption parents are required to follow the same rights, duties and obligations to the child as the birth parents.
There are general rules that apply to adoption proceedings, especially for those who are seeking to adopt children to whom they bear no relation. A single or divorced person, or a couple (unmarried or same sex) can adopt a child. If the adopting persons are married, the spouses must join in the petition unless they have been separated for more than a year. A person who wants to adopt must have been a resident of Illinois for at least six months. Generally, the courts favor adoptions by people who are under age 40 and in good health.
A child who is 14 or older must agree to being adopted.
Among the different types of adoptions are related adoptions where at least one of the adoptive parents is related to the child by blood or marriage. Even adults can be adopted in certain instances.
The adoption process includes three basic procedures. First, the adopting parent or parents, along with the child or children who are being adopted, are required to appear together before a judge, usually when the Petition for Adoption is filed. In adoptions involving adults who are unrelated to the child or children, an investigation of the home must be conducted by an authorized agency after the Petition has been filed.
Secondly, the judge will enter a temporary order of custody in favor of the adopting parents. In the third step, the lawyer representing the adopting parents presents the proper documents to the judge, who will enter a "Judgment of Adoption." In most cases, neither the parents nor the children need to be present at that time.
After the adoption is complete, a new birth certificate is usually issued for the child. The new birth record will show the adoptive parents as if they were the parents at the time of the child's birth. In most instances, the original birth certificate is sealed and can only be opened by court order.
Note: This information was prepared as a public service by the Illinois State Bar Association and is a joint project with the Illinois Press Association. Its purpose is to inform citizens of their legal rights and obligations.
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If you have questions about the application of the law in a particular case, consult your lawyer. The law is constantly changing. Information on this site or any site to which we link does not constitute legal advice.