Adoption is a legal transaction with certain duties
Adoption in Illinois is a legal transaction governed by the Illinois Adoption Act where parental rights are legally transferred from the birth parent(s) to the adopting parent(s). In turn, the adoptive parents assume 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 can adopt a child. Some Illinois counties allow a same sex couple to 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, unless they are related to the child or the child is placed by a licensed agency.
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. Adopting foreign children from abroad is governed by the law of the country of origin, our federal law as well as Illinois law.
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 adopting parents who are unrelated to the child or children, an investigation of the home must be conducted by an authorized agency or individual appointed by the court after the Petition has been filed.
Secondly, the judge will enter a temporary order of custody in favor of the adopting parent(s). In the third step, the lawyer representing the adopting parent(s) presents the proper documents to the judge, who will enter a "Judgment For 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 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. 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.
© Illinois State Bar Association
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.