How Can I Adopt My Stepchild Under Illinois Law?

 Posted on May 22, 2025 in Adoption

Stepparent adoption makes up a significant portion of family adoptions in Illinois, and the process can be  very meaningful for blended families. Stepparent adoption requires open conversations and a clear understanding of what it means for a stepparent to take on all the responsibilities and rights of a legal parent. If you are considering adopting your stepchild, talk to an experienced Wheaton, IL stepparent adoption attorney about the steps you will need to take and how having a legal representative can help.

Do I Need the Biological Parent’s Consent To Adopt My Stepchild?

Under Illinois law, a stepparent is categorized among those related to a child, but legally, the role is not the same as that of a biological parent. Adopting a stepchild requires an assessment of the biological parent’s role in the child’s life. Are they willing to terminate their parental rights, or does the court have grounds to remove them? 

The default termination of parental rights is possible – although rare – in cases where the child’s father is unknown or a parent cannot be located. However, if the biological parent will not consent, effectively contesting the adoption, the judge will require a very convincing explanation for why they should terminate the parent’s rights. If the biological parent is no longer alive, the process for adoption is more straightforward. The same is true if they are willing to terminate their rights. 

Grounds for Terminating Parental Rights

When the biological parent cannot be located or has contested the adoption, you must have grounds to terminate their rights formally. This is not a common scenario and requires extensive evidence that the child’s biological parent is no longer willing or able to play a safe, supportive parental role in the child’s life.  The custodial parent who files the petition for adoption is responsible for providing the evidence necessary for termination when the non-custodial parent refuses to give up their rights.

What Does the Process for Adopting a Stepchild Look Like in Illinois?

First, you will need to file the petition to adopt with the court in your county and include all necessary documents, such as your marriage certificate, income verification, and a background check. If the child is over 14, they will have to consent to the adoption, and under certain circumstances, you may need to provide additional documentation. Your attorney will walk you through the petition and ensure you have everything you need to file.

Next, you will have the adoption hearing, where the court will review all the evidence and documentation. If all goes well, they will terminate the non-custodial parent’s rights and approve the adoption decree. At this point, you would become the official parent, allowing you to get a new birth certificate for the child that lists you as the legal parent. 

Contact a Lombard, IL Adoption Attorney Today for a Consultation

At A. Traub & Associates, we understand the legal and emotional significance of adopting a stepchild. Every case is handled with care and respect, and we take protecting your rights seriously. Work with a DuPage County, IL stepchild adoption lawyer to learn more about how the laws apply to your case. With careful preparation, stepparent adoption can bring happiness and stability to your family, and we would be honored to be part of the process that makes it happen. Call 630-426-0196 to arrange your initial consultation.