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Fill out and sign the forms listed below. Make 2 extra copies of each form.
- Petition for Adoption: There are two forms available, one where the legal parents were married and one where the legal parents were not married.
- Final and Irrevocable Consent to Adoption forms must be signed in front of a judge. The legal parents must go to the courthouse and schedule a time to meet with a judge to have the Final and Irrevocable Consent To Adoption witnessed.
Your local circuit clerk may also have forms available.
Do this in the county where you live to start your court case.
Now that you have filled out your court forms, file your documents online via e-filing, or in person, if you qualify for an exemption from the Illinois e-filing mandate. If you do not have access to a computer or a scanner, you can use a public terminal to e-file your forms at the courthouse. See E-Filing Basics for more information.
How you will find out about the court date (or hearing date) and time depends on how you filed your case.
- E-filing: The website you used to electronically file may let you pick your court date (or hearing date) and time. If it does not, contact the clerk.
- Paper filing: If you filed in person at the courthouse, the clerk will let you pick or they may pick for you.
When you file your petition, you are also required to pay the court filing fee. If you qualify, you may be able to get a fee waiver. Learn more about filing court papers for free.
After filing, you must send the other party or parties a Summons and attach the Petition for Adoption you filled out above.
A Summons is a document that tells a person about the lawsuit and when to come to court.
Here are some rules to know about a Summons:
- There is usually a cost to having a Summons served. The cost depends on how the Summons is served to the other party; and
- If you do not give the other party a Summons telling them about your lawsuit within the required time, the lawsuit may be dismissed because there was not proper notice of the lawsuit.
- This notice must be sent to the child to be adopted and all parties who have not voluntarily waived service.
- If the legal parent cannot be found, notice may be given by publication.
Learn more about How to serve a Summons.
After you have delivered the summons to the other party, they have 30 days to submit an Answer.
An Interim Order Hearing happens after proper notice has been given to the child's legal parents.
At the hearing, the judge will decide if the legal parent needs to agree to the adoption. If the legal parent does not need to agree, the judge will decide how important it is to terminate their parental responsibilities.
At the hearing, the judge will decide who gets temporary parental responsibilities for the child to be adopted. The judge will also appoint a guardian ad litem, a GAL, and an investigator for the child. A GAL is an attorney who helps the court by making a recommendation in a case. The fees for a GAL are set by the court and usually paid by the petitioner.
Once the GAL is assigned, write that person’s name in the Interim Order and ask the circuit clerk to give the interim order to a judge to be entered. Give the clerk an extra copy of the interim order to be file stamped.
FBI and state background checks are performed for the adoptive parents and any adults that live with them. Child abuse and sex offender registries are also checked.
Next, an investigation of the adopting parents’ home usually happens after the child starts living there. A written report must be given to the court before the adoption can be final. The report includes the medical background, personal recommendations, and a description of the home and work environments of the adopting parents.
Parties to the adoption proceeding need to be notified of the adoption either via service or a publication. Learn more about serving a Summons.
The court will then decide if parental rights for the birth parents will be terminated based on a number of factors. This includes appearance in court and voluntary consent. The court will finalize the adoption after parental rights are terminated.
Give notice of the final judgment hearing to the legal parent whose must agree to the adoption and who has not waived notice, as well as to the investigator and the guardian ad litem. Do this by sending them a notice of hearing.
There are two forms available for the Judgment Order for Adoption. One where the biological parents were married, and one where the biological parents were not married. Fill out the correct one and bring it with you to the final judgment hearing.
Both adopting parents must be at the hearing, along with the minor child to be adopted.
You have the right to represent yourself in court. However, you are expected to follow the court's rules and procedures. Most people who work in the courthouse cannot give you legal advice; meaning they cannot help you decide what to do, evaluate your possibility of success, or present your argument to the judge.
To navigate the court system, you need basic information about your case. Most of the information should be listed on court papers:
- Plaintiff's or Petitioner's name
- Defendant's or Respondent's name
- Case number
- Judicial circuit
- County
- Division
If you are filing a case, you are called the plaintiff. If a case has been filed against you, you are called the defendant. In some cases, the plaintiff is called the petitioner, and the defendant is called the respondent.
- Copies of all the documents you filed with the Circuit Clerk
- Any witnesses you want to testify
- Any documents you want the judge to look at
- A photo ID
- Be polite and dress the way you would for a job interview;
- Get to the courthouse at least 30-45 minutes before your hearing time;
- Go to the courtroom number on your court forms. If your forms do not have a courtroom number, look for a list of cases at the courthouse or ask the circuit clerk;
- Check in with the judge’s clerk or coordinator sitting on either side of the judge’s seat;
- Know your line number and tell the clerk or coordinator your name and line number (you may have to sit outside the courtroom);
- Listen for your name or your line number to be called and then step up to the bench;
- You may be sworn to tell the truth, answer the questions truthfully;
- Explain briefly the issue you would like to address before leaving the courthouse;
- After listening to you and to the other side and tell you what happens next;
- You should receive a copy of whatever order is entered that day. Don’t leave the courtroom without it.
The judge will review the investigative report and other information about the adopting parents. If the judge approves the adoption, the child’s name will formally be changed to one that is chosen by the adopting parents.
Next, give the judge the Judgment Order for Adoption to sign and enter.
Take the signed Judgment Order for Adoption to the circuit clerk to get a certified copy. After the final judgment is entered, no information from the circuit clerk's adoption records will be available without a court order.
If you would like, you can apply to the Illinois Department of Public Health for an amended birth record for the child. To see the list of required forms visit the Illinois Adoption Registry.
Illinois Department of Public Health
Illinois Adoption Registry and Medical Information Exchange
925 E. Ridgely Ave.,
Springfield, IL 62702-2737
(217) 557-5159
The amended birth record will show the child's new name and replace the former parents’ names with your name and information. Once it is changed, the original birth record will be sealed or hidden from public view.
Learn more about changing a minor’s name.
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