Types of Adoption in Illinois

 Posted on July 15, 2015 in Adoption

Adoption can be a wonderful experience for everyone involved, and the process provides numerous benefits for the child and adoptive parents. Illinois law has several different types of adoption, with different guidelines and procedures for each. It is important to understand which type of adoption you are choosing in order to ensure that every step of the process is completed correctly.

Illinois Adoption Law

Illinois adoption laws can be found in 750 ILCS 50/, entitled the Adoption Act. It dictates who may adopt, who may be adopted, what makes a potential parent fit for adoption, and the procedures for each type of adoption allowed under the state law. The Act also covers how to contest an adoption if one of the biological parents does not agree with the proceedings.

Types of Adoption in Illinois 

The Adoption Act of Illinois provides for a number of different types of adoption. For all adoptions, the potential parent must have resided within the state for at least six months prior to the petition and not suffer from a legal disability. The parent must also be a legal adult of either sex and can be single or married. 

Domestic Waiting Child Adoption

Also known as a Special Needs Adoption, a domestic waiting child adoption can occur either through the state Department of Children and Family Services (DCFS) or through private agencies. The adoptive parents can either be licensed through DCFS or with the private agency.

Domestic Infant Adoption 

The majority of domestic infant adoptions are done through a private agency. Birth parents typically relinquish their rights to the child and can either grant custody directly to the parents or through the agency. The adoptive family evaluation can either be handled by county officials or the private agency.

Inter-Country Adoption

All inter-country adoptions are handled through private agencies and require an Illinois agency to license the adoptive parents. The adoptive family and agency work with the other country to arrange placement and transportation of the child. The adoption may be finalized in the foreign country and in Illinois. Typically, this type of adoption takes the most amount of time and is the most complex.

Family Adoptions 

This type of adoption involves the adoption of a child by a relative. This can be handled privately through an attorney but DCFS may be involved if the child is in foster care. Typically, the family does not need a home study before the adoption.

Step-parent Adoption

Step-parent adoption is very similar to family adoptions and goes through a nearly identical process. So long as the other parent consents to the termination of their parental rights, step-parent adoptions are fairly straightforward. 

Contact Our Office Today

If you are planning on adopting in Chicago or the western suburbs, please contact a DuPage County family law attorney today at Davi Law Group, LLC. Our attorneys are experienced in handling all types of adoption cases and we are here to provide a free and private review of your case. Call us today.