Children deserve to be raised in loving, caring and nurturing households. It is becoming increasingly common for families to have children by non-traditional methods. An excellent option for growing a family is through adoption. 

Adoption can be a profoundly rewarding experience for so many different types of families. Adoption allows you to grow your family while simultaneously positively impacting a child who needs it. There are lots of options available for families interested in pursuing adoption. If you are interested in pursuing adoption, consult an adoption attorney who knows the law and will ensure all steps are appropriately taken care of, ensuring the adoption process is as seamless as possible. 

Who Can Adopt a Child in Illinois?

In a broad sense, individuals or couples in Illinois are eligible to adopt if they can satisfy basic residency requirements, possess a good reputation, and do not have a legal disability. In addition, the prospective parent needs to be able to financially manage and support the new addition to their family, like providing the child with appropriate housing. Contrary to popular belief, there are no set income requirements for adoption. People who are single or unmarried, as well as married couples, are all eligible to adopt. However, if a married couple who lives together wants to pursue adoption, each spouse needs to be a part of the adoption process. 

Blended families present unique challenges, and when it works well it can be a wonderful experience for everyone. Many new stepfamilies are created every day in Illinois, and many of those families create bonds that last forever. Stepparents who feel close to their stepchild and want to take on permanent parental responsibilities may consider adopting them.

In Illinois, stepparents can adopt their stepchildren, but it is not an easy process. Each situation is different, but there are a few things to keep in mind as you consider adoption:

There Can Only Be Two Parents

A child in Illinois can only have two legal parents. This means that, in order to adopt your stepchild, the child’s other parent must have their parental rights revoked or relinquished. That parent can relinquish their parental rights voluntarily by consenting to the adoption. If the parental rights are revoked as a consequence of neglect or abuse, this must be done in a court case wherein a judge will examine the relevant factors to determine whether the parent is unfit.

When you think of adoption, chances are that you envision a situation in which a child in need is welcomed into a home and family that will love and care for them. It is true that most adoptions involve a child under the age of 18, but in Illinois, it is also legal to adopt an adult under certain circumstances. This process may not only cement a family relationship that the adopter and adoptee already feel on an emotional level, it can also provide the adoptee with important benefits under Illinois law.

When Can an Adult Be Adopted?

According to Illinois law, a person over the age of 18 can be adopted by someone who is related to him or her, such as a step-parent, grandparent, aunt or uncle, cousin, or sibling, or by someone with whom the person has lived for at least two consecutive years. If you wish to adopt an adult and you meet one or both of these criteria, you can file a petition with the local county court to do so at any time. Unlike with the adoption of a child, you will usually not be required to undergo a home investigation, nor will you need to obtain the consent of the adoptee’s current legal parents. Rather, you will only need to be sure that the adoptee himself or herself consents to being adopted.

When a child’s biological parents are unable or unwilling to care for him or her, it is important to make other arrangements to provide for the child’s basic needs and well-being. In some cases, it is necessary for the Illinois Department of Children and Family Services (DCFS) to become a child’s legal guardian, at least for a time. However, most children benefit from a more permanent arrangement in a home with parents or guardians who love and care for them. Depending on the situation, this can be accomplished through adoption or guardianship, and there are some important differences between the two that you should understand if you are looking to become a child’s legal guardian.

Adoption Versus Guardianship in Illinois

Guardianship and adoption arrangements can both be made directly with the child’s biological parents or through DCFS. In both adoptions and guardianships, the parent or guardian assumes the responsibility to care for the child and provide for basic needs, and may assume the right to make important decisions on the child’s behalf, including education, medical treatment, and use of assets, provided that these decisions are in the child’s best interest. However, adoption and guardianship are different in a few key ways.

Adoption is the legal process for assuming parental responsibilities for another person’s child. Adopting a child from an agency is an option for couples to grow their family if they cannot conceive on their own. However, there are other types of adoption, including stepparent adoption. In these cases, an individual with a stepson or stepdaughter may want to consider legally becoming the child's parent. If you are considering a stepparent adoption, speaking with an experienced family law attorney can ease your concerns as you walk through the legal process in Illinois.

A Relative Adoption Versus an Agency Adoption

A stepparent adoption does not involve the same process as an international or Department of Children and Family Services (DCFS) adoption. Here are a couple of differences between them: