Illinois Adoption Laws

By Melissa McCall, J.D. | Legally reviewed by FindLaw Staff | Last reviewed November 06, 2024

Adoption is a legal process through which the court establishes a legal relationship between the adoptive parent(s) and the adoptee. You have the same rights and responsibilities as a legal parent at the end of this process. Each American state or territory establishes its own adoption laws. Examining the Illinois Adoption Act can help to understand adoptions in the state.

Adoption Criteria

Like many other states, Illinois has adoption criteria you must meet before starting the adoption process. In Illinois, the prospective adoptive parent must meet the following criteria:

Be at least 18 years of age
Have no legal disability
Lived in Illinois for six months or 90 days for members of the armed forces
Be married or single
Have the means to raise a child (home and finances)

Types of Adoptions in Illinois

Prospective adoptive parents should also decide the type of adoption they should pursue during the early stages of their adoption journey. The State of Illinois offers six types of adoptions to meet the needs of children and prospective adoptive parents statewide. These adoption types include the following:

Related adoption
Agency adoption and agency-assisted adoptions
Private adoption
Adult adoption
International adoption
Stepparent adoption

Related Adoption

In related adoptions, one or both of the prospective adoptive parents have a relationship with the child through one of the following means:

Biological
Through marriage
Through adoption

In this scenario, the adoptive parents should be one of the following:

Parent/stepparent
Grandparent/step-grandparent
Sibling/step-sibling
Uncle/great uncle
Aunt/great aunt
First cousin

Agency and agency-related adoptions

In an agency adoption, the Illinois Department and Family Services (DCFS) or a private adoption agency place the child with an adoptive family. In agency-related adoptions, the adoptive parents match with a birth mother on their own, and an Illinois adoption agency helps them complete the adoption.

Private Adoption

In private adoptions, the adoptive parents receive the child from the birth parents. Some birth parents include parents during the birth of the child. The adoptive parents may need to pay the medical costs for the birth mother.

Adult Adoption

Under Illinois law, the minimum age for the prospective adult adoptee is 18 years of age. They should either:

Be related to the adopting parents
Have lived with the adopting parents for at least two years

The adoptee's biological parents do not have to consent.

International Adoptions

In international adoptions, a child is adopted from a foreign country. That country's adoption laws must be followed. Once in Illinois, you can re-adopt the child through the Confirmation of Foreign Adoption procedure.

You must complete a petition for adoption to confirm your international adoption in Illinois. If you want to change your child's name, you can do so during this process, and the State of Illinois will issue a Record of Foreign Birth that will serve as a birth certificate.

Stepparent Adoption

In stepparent adoptions, the stepparent adopts their spouse's child. The following criteria apply to stepparent adoptions:

The adopting parent and prospective adoptee's legal parent have a legal marriage
If the child is over 14 years of age, they must consent to the adoption
Termination of the biological father's parental rights

Illinois Putative Father Registry

The Illinois Putative Father Registry can help the adoptive parent locate the child's birth father. According to the registry, a putative father is a man who may be the child's biological father, but who is not married to the child's mother on or before the date of the child's birth and has not established his paternity through legal proceedings.

Illinois Adoption Process Overview

Once you determine the type of adoption you wish to pursue, your next step is to reach out to the appropriate child-placing agency. If you want to adopt outside the foster care system, you should contact the Illinois Child Welfare Agency or the Department of Children and Family Services.

You will likely attend an information hearing and undergo vetting before the agency places a child in your home. This vetting often includes a criminal background check and an initial home study.

The official adoption process begins when you file a petition for adoption. This opens your adoption case. The court will schedule an adoption hearing. At this adoption proceeding, the court will ask you questions designed to help the court determine if placement with you is in the best interests of the child.

Depending on the timing of your petition, the court may order a separate home study. The court will then schedule a finalization hearing to complete the adoption. At this hearing, the court will issue a final adoption decree and a new birth certificate listing you as the child's parents.

You don't just assume permanent custody of the child with the adoption decree. You also assume all parental responsibilities for the adopted child and new member of your family.