Expanding your family through adoption can be one of the most rewarding choices you ever make. Related adoptions are usually approved, but it is important to remember that adoption is a technically complex legal procedure. This is why we encourage working with an experienced adoption lawyer. An adoption attorney can explain what is expected of you and can help you avoid obstacles that will hinder the adoption process. The type of adoption you are pursuing will determine the specific steps you will need to take in order to add a child into your family; however, there are some aspects of adoption that are the same for all Illinois adoptions.
Eligibility Requirements
In order to adopt a child in the state of Illinois, you must meet certain criteria. Typically, you must be 18 years old or older to adopt. The court may make exceptions to this requirement in some cases. Unless you are planning to adopt a relative, you must also have resided in Illinois for at least six months. The residency requirement is reduced to 90 days for those in the military. If you are pursuing any type of adoption other than a relative adoption, you will also need to pass a criminal background check. There may be a Guardian ad Litem who will make a recommendation report to the court.
Options for Adopting a Non-Relative
There are several avenues for adopting a child in Illinois. The most common is through a public or private adoption agency. You may also adopt a child through the Illinois Department of Children and Family Services (DCFS). Many of the children available for adoption through the DCFS have been removed from their original homes because of abuse or neglect. You also have the option of adopting a child directly from the birth parent(s) through a private adoption, although there are many issues, including rules about when a birth mother can legally consent (not until 72 hours after the child is born).
Steps Involved in Adopting a Child in Illinois
The first step in the legal adoption process is filing a petition or request to adopt with your local circuit court. Next, a guardian ad litem may be appointed, but can now be waived. This individual represents the child’s best interests and will oversee much of the adoption process.
Adoptive parents seeking a non-relative adoption will be subject to a home study and background check. During the home study, an investigator will visit your home and ensure that it is a safe environment for children. The investigator may ask you questions about your reasons for seeking adoption, your thoughts and feelings about the potential adoption, and your finances. The investigator may also interview other household members. If the child’s biological parents still have their parental rights, the court will need to hold a hearing to determine if the biological parents’ rights should be terminated. You may be granted temporary custody of the child until the adoption is finalized. If the court finds that adoption is in the child’s best interests, the court will enter a judgment in your favor and grant the adoption, and the child’s name may be changed and new birth certificates issued.