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Consent Requirements for Illinois Adoptions

Posted on in Family Law

DuPage County adoption attorneyFor many couples who cannot or do not want to conceive a child, adoption is a great option for them to grow their family. There are thousands of American children in the foster care system and in private agencies waiting to find their forever families. However, adoption is a long, complex process that requires patience and a thorough knowledge of Illinois adoption laws. 

One issue that can be a point of contention during adoption is consent. There are certain people who must consent to an adoption before it can be finalized. If you are in the process of adopting, or even just thinking about adopting, it is important that you understand the consent requirements that must be met.

Who Is Required to Consent?

According to Illinois law, the birth mother and the birth father who has established paternity must consent to an adoption if they still hold the legal parenting rights to their child. In the case that the birth parents no longer have legal rights to their child, there are a few other entities that must consent. These can include:

  • A person who has been given custody of the child
  • An adoption agency that has custody of the child
  • The child’s guardian or guardian ad litem
  • A close relative of the child
  • A court that has jurisdiction over the child

In addition, Illinois adoption laws state that a child who is over the age of 14 is required to give his or her consent to the adoption before the adoption can be finalized.

When Parental Consent Is Not Required

In certain situations, the birth parents’ consent is not needed when an adoption taking place. A majority of the time, parental consent is not needed if the birth parents’ parental rights have already been terminated. Other situations that do not require parental consent include:

  • The child has been abandoned.
  • The parent has been convicted of certain crimes against the other parent or child.
  • The parent has failed to establish or maintain a significant relationship with the child.
  • The parent is mentally incompetent or unfit.

Are You Thinking of Adoption? Get Help From a Will County Family Law Attorney

There are many laws, rules, and regulations that you must follow when you are adopting a child. These can all change depending on what type of adoption you choose to pursue and what circumstances surround the adoption. Consent for adoption can be a difficult field to traverse, but with help from a skilled Joliet adoption lawyer, you will have a new addition to your family in no time. At The Foray Firm, we understand that an adoption is a simultaneously exciting and stressful time for your family. We can help you reduce the stress and focus on your new addition. Call our office today at 312-702-1293 to schedule a consultation.

Sources:

https://www.childwelfare.gov/pubpdfs/consent.pdf

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2098&ChapterID=59

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