Key Things to Know Before Pursuing Stepparent Adoption in Illinois

 Posted on June 12, 2019 in Family Law

In Illinois, related adoptions are the most common type of adoption that takes place. Stepparent adoption, specifically, is the most common type of related adoption. Typically, a stepparent adoption takes place when one of the child’s parents is married or remarried to a person who is not the child’s biological parent. The spouse of the child’s parent would legally assume the rights and responsibilities to the child, but in some cases, it is easier said than done. Many children who have stepparents also have both biological parents who play a role in their lives and who might object to the adoption. Any type of adoption can be a complicated legal process, but in some ways, a related adoption can be even more difficult.

Facts to Consider Before Adopting

Many families pursue stepparent adoption because it gives the stepparent a way to formally and legally declare him or herself a parent to a non-biological child. Other families may pursue stepparent adoption as a way to establish two legal parents for a child if one parent is not involved in the child’s life. Either way, here are a few things you should consider before you begin the adoption process:

• A child in Illinois is permitted to have only two legal parents at a time. If you are trying to adopt your stepchild, you will have to make sure that your child’s other parent either relinquishes his or her parental rights or petition to have his or her parental rights revoked.
  
• Judges only grant stepparent adoptions to the stepparent who is married to the parent that the child spends the most time with. In other words, if a child’s father remarries and his new wife wants to adopt the child, but the child lives with his mother 75 percent of the time, the judge will probably not allow the adoption.
  
• Typically, adoptions require a home study to be completed, which assesses the relationships and inner workings of the family that will adopt the child. Since stepparent adoptions are related adoptions, the home study requirement is waived.
  
• Consent with related adoptions and stepparent adoptions can become complicated. Not only do you have to gain the consent of the child’s other biological parent, but in some cases, you may also have to gain the consent of the child. In Illinois, any child who is 14 or older must give their consent to be adopted.

Complete Your Family With Help From a DuPage County Adoption Lawyer 

In some ways, a stepparent adoption can be an easier process to go through than the traditional adoption process. In other ways, the stepparent adoption process can prove to be even more legally challenging. If you want to adopt your stepchildren but their other biological parent is objecting to the adoption, contact our knowledgeable Bolingbrook, IL, stepparent adoption attorneys today. At The Foray Firm, we understand that adoption is not only a legal process but an emotional challenge, as well. Contact our office today at 312-702-1293 to schedule a consultation.

Sources:

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

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