The Process of Adoption By a Stepparent

 Posted on November 27, 2018 in Adoption

Choosing to adopt a child is a life-changing decision for both the child and parent. In terms of adoption, many imagine a couple adding an infant to their family dynamic; however, this is only one form of adoption. Other types of adoption include stepparent, family related, domestic partnership, and uncontested adoptions. Stepparent adoptions are fairly common, and these particular adoptions have their own unique legal process. 

The Stepparent Adoption Process

The details of the adoption process are dependent upon each individual situation. Though it is a detail-oriented process that can take time, it often appears more difficult than it actually is. In a stepparent adoption, the following requirements must be met:

1. Illinois Residency: For those seeking to adopt within the state of Illinois, residency is a requirement. The stepparent must be an Illinois state resident for at least six months before filing for the adoption.
2. Absent Parent’s Consent: It is a legal requirement to have the consent of the absent parent; however, this can often be a difficult task. For those who cannot get in contact with the absent parent, exceptions can be made. A stepparent can adopt a child without the absent parent’s consent if the child has not had any substantial contact with the parent in over a year’s time.
3. Child’s Consent: Illinois also requires the consent of the child if he or she is 14 years or older. This consent is made through the signing of a legal document.

As is the case with all legal processes, there are exceptions. Many children whose stepparents are attempting to adopt either do not know the whereabouts of their absent parent or do not know the identity of this parent. In cases such as these, prospective parents may ask the court to waive the requirement for the absentee parent’s permission. 

Stepparent adoptions of adults are also very common. As couples remarry later in life, their new spouse often expresses the desire to adopt their spouse’s child. For those seeking to adopt an adult (an individual over the age of 18), the only permission needed is from the adoptee. 

Contact a DuPage County Adoption Lawyer for Assistance

Because the process of adoption varies drastically in each individual situation, it is important to work with an experienced family law attorney to complete the adoption process correctly. At A. Traub & Associates, our adoption lawyers will work with you to make the adoption process as simple and smooth as possible. Contact a Lombard, Illinois adoption attorney at 847-749-4182 for a consultation.

Sources:

https://www.liveabout.com/step-parent-adoption-27757