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Adoption is when an adult becomes the legal parent of another person. The person can be a child or adult who is not their biological child. This can happen when the person’s parents either give up their parental responsibilities to care for and make decisions for them. Or, a court can end parental responsibilities of the child’s legal parents. Adopting parents are given the legal responsibility to care for and support the child.
There are 5 basic types of adoption:
- Related (or "Kinship") Adoption: One or both of the adopting parents is related to the person who is being adopted. For example, a step-parent wants to become the legal parent of their spouse’s legal child. It is usually easier for a person to adopt a child that is related to them.
- Agency Adoption: Either a child’s legal parents give the child to a licensed public or private agency, or the court ends parental responsibilities and gives the agency the authority to place a child with adopting parents.
- Private Adoption: Neither of the adopting parents is related to the child, and the placement is not made by an agency. There are multiple types of private adoption, including independent adoption and adoption through identification. Usually, the child is given to the adopting parent right after birth. The birth parents have 72 hours after the child is born to change their minds about the adoption.
- Adoption of an Adult: A person older than 18 years is related to or has lived with one or both of the adopting parents for more than two years. There are requirements for this in Illinois, including residency rules (see below).
- Standby Adoption: This happens when a legal parent expects to die of illness and agrees to let a certain person adopt the child. The legal parent must tell the court when to make the adoption final. Otherwise, it becomes final after the legal parent’s death.
Usually, there are two married adopting parents in adoption. However, people who are single can also adopt a child. For people who are married, their spouse must be a part of the adoption process unless they have been separated and living apart for more than a year. The spouse must meet all of the same adoption requirements.
A person can adopt a child if:
- They do not have a legal disability;
- They have lived in Illinois for at least six months (or 90 days if they are a member of the Armed Forces), and
- They have a good reputation.
The residency rule (second bullet above) can be sometimes waived for kinship adoption.
Also, usually a person must be at least 18 years old to adopt a child. If a person is under 18 and has a good reason to adopt, the court may allow it.
Finally, a person's blindness cannot by itself prevent them from adopting.
Adopting a child from another country
Some adopting parents have legally adopted a child in another country. In this case, they do not have to file an adoption in Illinois. However, filing in the state gives them US adoption papers. Most families decide to go through the adoption process.
Paying for expenses in a private adoption
An adopting parent is allowed to pay for expenses during the birth mother’s pregnancy. But they must get permission from the court to do this. The birth parents do not have to agree to the adoption. Birth parents can change their minds about the adoption for 72 hours after the child is born. This is true even if the adopting parents pay for expenses.
Worried about doing this on your own? You may be able to get free legal help.
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