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Posted on in Adoption

Lombard adoption attorneyIf your spouse has a child from a previous relationship, you know how sensitive and complex issues related to parenting can be. While you may not be the child’s biological parent, it is understandable that you would wish to offer a positive, reliable adult influence for the child—not to mention an authority figure with whom the child is comfortable sharing concerns and problems. With time and effort, you are likely to find a sense of family starting to develop. In some situations, the bond becomes so strong that the stepparent is willing to take on the legal responsibilities of parenthood through the adoption process.

Is the Adoption Appropriate?

When you are thinking about a potential stepparent adoption, you must be aware that the decision to adopt affects the child as much or more than it affects you. You might ready, willing, and able to accept the duties of a legal parent, but that is not enough to make the adoption the right choice. If the child has a healthy, productive relationship with a second parent—other than your spouse—there is little reason to try to cut that parent out of the picture, and a stepparent adoption would probably not serve the best interests of the child. If, however, there is effectively no second parent or the other parent has shown to be uninterested in being a parent, your adoption might serve the child well.

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Lombard family law attorneyOn June 26, 2015, the United States Supreme Court ruled that states could no longer legally ban gay individuals from getting married. Since then, many same-sex couples have married, and some have chosen to start families of their own. Being a same-sex couple can bring up certain legal complications when children are involved, but fortunately, Illinois has measures in place to help potential parents obtain parental rights. One method some same-sex couples use to legally adopt a child into their family is second-parent adoption, also called co-parent adoption.

Second Parent Adoption Does Not Require Terminating Anyone’s Parental Rights

In most circumstances, when a person wishes to adopt a child, the child’s original parent or parents must terminate their parental rights. For example, when a woman places a baby up for adoption after giving birth, she signs documents which relinquish her rights to that child. A second-parent adoption is unique in that a parent can adopt a child without the child’s other parent losing their parental rights.

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Posted on in Adoption

Lombard family law attorneySame-sex marriage is now legal in all 50 states, with all the attendant rights and responsibilities that marriage entails. Parenting for same-sex couples can be tricky, however, as certain legal issues are likely to arise. Fortunately, the state of Illinois has measures in place to help same-sex parents obtain and exercise parental rights in variety of situations. One such option is a second parent adoption, or SPA.

SPA Defined

Second parent adoption is defined as an adoption in which a second parent may adopt a child without the first losing any parental rights. Normally, adoptions require a parent to renounce his or her parental rights—or to have them terminated—in favor of another caregiver, but SPA allows both caregivers to have legal rights regarding the child.

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Posted on in Adoption

DuPage County adoption attorneysAdoption can be a wonderful and happy event for everyone involved. However, there are times when the process becomes quite complex, especially when an adoption involves a parent who ostensibly could assert parental rights, yet is nowhere to be found. There is a very specific process to go through before a child with an absentee parent (or two absentee parents) may be adopted into a family where he or she will receive the kind of attention he or she deserves.

Abandonment and Desertion

In most situations, a child is presumed to have two parents, but this is not always the case. However, this may be untrue in certain cases. Illinois allows paternity to be legally established immediately following the birth of a child, by one of four methods:

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Posted on in Adoption

DuPage County adoption attorneysDespite the occasional controversy on the subject, U.S. citizens adopt foreign-born children fairly regularly. The regulations differ when negotiating depending on the country, as one might expect; however, the requirements that must be met upon reentry to the U.S. are the same. It is sadly common for a foreign-born adoptee to experience citizenship-related issues, though many can be solved by going through what is referred to as a readoption. It is usually not required to do so by law in Illinois, but it can prevent future issues for you and your adopted child.

Was the Adoption Completed?

Illinois does not require any further adoption proceedings if you completed the process abroad and abide by all immigration regulations. Yet, a readoption is the easiest way to quiet any potential citizenship issues before they even happen. It is sometimes referred to as an official recognition of a foreign judgment, which gives a clue to its purpose. If you travel to a foreign country and adopt a child, completing the process overseas, that is usually good enough for U.S. government to consider that child a citizen. However, if you are able and choose to bring the child to the U.S. for the purpose of completing the process (and, obviously, coming to live), recognition of the foreign judgment is usually required, because the process has not yet been completed to the satisfaction of the U.S. government.

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