Adoption Law in Chicago, Illinois
When an adult becomes legally recognized as the parent of someone who is not his or her biological child, it is called an adoption. Adoption formally establishes a parent-child relationship for ALL purposes, including child support obligations, inheritance rights, and custody. From state to state, the legal rules regarding adoption vary significantly. Selecting a state agency versus a private organization can bear significant influence on the adoption process so, if you are considering adoption as a means to grow your family, familiarize yourself with the laws of and Chicago.
Present Your Case - Get a Quote - It's Free
Chicago Adoption Lawyers
LegalMatch - Fast, Free & Confidential Service. Pre-screened Attorneys; view ratings and reviews
When making their decisions, adoption agencies and courts do consider such things as your age(s), your financial situation, and your personal stability. Now, many states consider neither sexual orientation nor marital status in their qualification process.
There are many ways to adopt a child. The most common include:
- US Agency Adoptions: Both private and public agencies offer adoption services. These agencies are heavily monitored and regulated by the government, and are generally less expensive than other resources. As a drawback, agency adoptions usually involve long waiting periods, a complicated application process, and home study procedures.
- Private Adoptions: With private or independent adoptions, a child is placed with adoptive parents without the involvement of an agency. As a result, the adoption process is often faster and more efficient. The major drawback is that private adoptions are usually more expensive because of the absence of government subsidies and support services. Please know that in several states, private adoptions are also illegal.
- Stepparent Adoptions: It is becoming more common for parents to remarry and have their new spouse adopt their child from a previous relationship. In order for a stepparent to adopt, he or she will need the written consent of the other biological parent. If this consent is denied, the stepparent must petition the court to terminate the parental rights of the biological parent. This is usually a long an arduous process.
- Foreign Agencies: When considering using an agency from outside the US, please note that many have strict rules as to whom can and cannot adopt (foreign entities do not have to obey the same laws and customs as in the US) . And, many of these agencies require cultural education for the children as well. It is best to read up on an agency and their requirements prior to making any decisions (it is always worthwhile to check out an agency's references as well). Multiple visits to the country in question will most likely be required.
All adoptions, whether through an agency or done privately, must be approved by a court. The adoptive parents must petition for approval from the court and then participate in an adoption hearing. Additionally, prior to any hearings, anyone who is required to consent to the adoption must receive notice. This includes any biological parents, adoption agencies, the child's legal representative (if a court has appointed one), and the child if he or she is old enough.
Related Topics:
If the court determines that the adoption is in the child's best interest, the judge will issue an order approving and finalizing the adoption. This order, usually called a Final Decree of Adoption, legalizes the new parent-child relationship, and changes the child's name to the name the adoptive parents have chosen.
Because of the complexity of the adoption process, it may be wise to consult with a lawyer. Speaking with the proper attorney will help you understand your rights and obligations as well as preserve any possible remedies you may have.
