Adoption Lawyers in Decatur, Illinois

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Decatur, Illinois Adoption Attorneys

Adoption is one of the few areas of law where the end result is usually something everyone has been working toward for a long time: making a family legally permanent.

Even when an adoption is expected, the legal process can involve a number of important requirements. Depending on the type of adoption, there may be issues involving parental consent, termination of parental rights, service on a biological parent, background checks, required reports or investigations, DCFS involvement, subsidies, and ultimately a Court hearing before the adoption becomes final.

At 217 Law, we help families understand those requirements and move through the adoption process as smoothly as possible. We handle several types of Illinois adoptions, including stepparent and related adoptions, private adoptions, and adoptions involving children who have been placed with families through the Illinois Department of Children and Family Services.

Decatur, Illinois Adoption Law: Frequently Asked Questions

  • Illinois recognizes several types of adoption cases, including related adoptions, stepparent adoptions, agency adoptions, private adoptions, adult adoptions, and adoptions involving children who are in DCFS care. The procedure and requirements can vary considerably depending on the type of adoption.

  • An adoption generally begins by filing a Petition for Adoption in the appropriate Illinois circuit court. The petition identifies the child, the proposed adoptive parent or parents, and other information required by Illinois law.  The Petition must be served on all interested parties. 

  • Because an adoption permanently changes the legal relationship between a child, the biological parents, and the adoptive parents, there are important procedural and statutory requirements that must be followed. An adoption attorney can help determine what type of adoption applies, prepare the necessary documents, address parental rights, and guide the case through Court.

  • Sometimes. Illinois generally requires the consent or surrender of the child's legal parents unless an exception under the Adoption Act applies, such as when the court terminates a parent's rights after finding the parent unfit by clear and convincing evidence.

  • Possibly. If a required parent refuses to consent, the person seeking the adoption may have to establish a legal basis for proceeding without that parent's consent. One potential basis is proving parental unfitness under the Illinois Adoption Act.

  • Termination of parental rights permanently ends the legal parent-child relationship between a parent and child. Because of the significance of that result, Illinois law imposes specific legal and evidentiary requirements before parental rights can be involuntarily terminated.

  • Parental unfitness has a specific legal meaning under Illinois law. The Adoption Act identifies particular grounds that may constitute unfitness, and the existence of one of those statutory grounds must be proven by the required legal standard—it is not simply a determination that one person would be the "better" parent.

  • Yes. Stepparent adoptions are a common form of related adoption in Illinois. Depending on the circumstances, the other biological parent's consent may be required, or the court may need to determine whether there is a legal basis to terminate that parent's rights.

  • Yes. Illinois law allows relatives to adopt children, and related adoptions may have different procedural requirements than unrelated adoptions. Grandparents, aunts, uncles, siblings, and certain other relatives may qualify depending on the circumstances.

  • Yes. Children in DCFS care may ultimately become eligible for adoption after parental rights have been surrendered or terminated. These adoptions involve additional requirements and coordination with DCFS, the child's caseworker, and the DCFS Guardianship Administrator.

  • A DCFS adoption generally involves a child who is in the guardianship or custody of the Illinois Department of Children and Family Services and is being adopted from foster care. These cases follow the Illinois Adoption Act but also involve DCFS procedures and approvals.

  • No. Foster placement does not automatically create a right to adopt. Whether an adoption can proceed depends on issues including the status of the biological parents' rights, the child's permanency goal, DCFS approval, and the child's best interests.

  • A home study is an evaluation used in many adoption cases to assess the proposed adoptive home and prospective parents. Depending on the type of adoption and circumstances of the case, Illinois law may require an investigation or other background information before the adoption is finalized.

  • There is no single timeline that applies to every Illinois adoption. An uncontested related adoption may move relatively quickly, while a contested adoption involving termination of parental rights can take significantly longer.

  • A child's consent may be required depending on the child's age and circumstances. Even where formal consent is not required, the child's wishes may still be relevant to the court's consideration of the adoption.

  • A properly executed Illinois adoption consent or surrender is generally irrevocable, subject to limited exceptions such as fraud or duress. Because signing a consent can permanently terminate parental rights, the legal consequences are significant.

  • After an adoption is finalized, the necessary documentation can be submitted so that a new birth record reflects the adoptive parent or parents as permitted by law. The specific process depends in part on where the child was born.

  • The final hearing is where the judge determines whether the legal requirements for the adoption have been satisfied and whether the adoption should be granted. If the court approves the adoption, a judgment of adoption is entered establishing the legal parent-child relationship.