Is it Difficult to Adopt a Child in Illinois? 
By: Alex Rechenmacher

Illinois residents who are considering adoption should be aware of the legal procedures involved.  Adoption in Illinois is a legal transaction governed by the Illinois Adoption Act, 750 ILCS 50/1, under which parental rights are legally transferred from the birth parents to the adopting parents. Adoptive parents assume the same rights, duties and obligations to the child as the birth parents.  In certain instances, adults may be adopted.  

Here are some general guidelines to help you understand adoption proceedings in the State of Illinois:

•Both single/divorced individuals and couples (including same-sex couples) may adopt under state law;

•If the adopting individuals are married, the spouses must jointly petition (however there is an exception for couples that have been separated for more than a year);

•An individual wishing to adopt must have been a resident of Illinois for a minimum of six (6) months, unless that person is related to the child, or the child is placed by a licensed adoption agency; and

•A child who is fourteen (14) years of age or older must agree to being adopted.

The adoption process can be a long and sometimes complicated legal process, especially if it becomes contested.  For example, if the biological parents do not cooperate with the proceedings or (even worse) if they contest them, then it can be a large (but not insurmountable) impediment to success with the adoption.   

However, in cases without these or other complications, the general procedure for adoption includes three basic segments:

First, the adopting parent or parents, along with the child or children who are being adopted, are required to appear together before a judge, usually shortly after filing a Petition for Adoption.  If the adopting parents are unrelated to the child, or if questions are raised regarding their ability to provide a nurturing home, an investigation must be conducted by an authorized agency or individual appointed by the court.  If the home is found to be suitable, a judge will enter a temporary order of custody in favor of the adopting parents.

Following the initial order of the Court, the lawyer representing the adopting parents will present a series of necessary documentation to the Court, and the judge may eventually enter a Judgment for Adoption.  (In most cases, neither the parents nor the children need to be present for these additional appearances or efforts in Court.)

Finally, after the adoption is complete, a new birth certificate will be issued for the child. The new birth record will show the adoptive parents as if they were the parents at the time of the child's birth. The original birth certificate is then sealed and can only be opened by court order.

Finally, after the adoption is complete, a new birth certificate will be issued for the child. The new birth record will show the adoptive parents as if they were the parents at the time of the child's birth. The original birth certificate is then sealed and can only be opened by court order.