Can I Adopt My Stepchild in Illinois?
Unlike their portrayal in many fairy tales and movies, stepparents can often form meaningful, loving bonds with their spouses’ children. Stepparent adoption is a meaningful way to solidify that bond and legally grant the stepparent the same rights and responsibilities as a biological parent.
The stepparent adoption process in Illinois is meant to protect the child’s best interests and provide a clear legal framework for families. To learn more about your options as a stepparent who wants to adopt, speak with a knowledgeable Illinois family law attorney.
How Does Stepparent Adoption Work?
When someone legally adopts their spouse’s child, it is called a stepparent adoption. This process establishes a permanent legal relationship between the child and stepparent, and effectively replaces the legal rights of the non-custodial biological parent. There are several benefits to stepparent adoption:
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Legal recognition of the parent-child relationship;
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Simplified decision-making for education, healthcare, and other matters;
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Enhanced emotional security and stability for the child; and,
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Inheritance rights for the child from the adopting stepparent.
Once the adoption is finalized, the stepparent has all the rights and responsibilities of any other legal parent, including custody, decision-making authority, and inheritance rights.
When Can a Stepparent Adopt?
Several conditions need to be met for a stepparent to be eligible to adopt a spouse’s child. These include:
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Marital Status: The stepparent must be married to the child’s biological parent;
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Age: The stepparent must be at least 18 years old; and,
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Consent: If living, the child’s non-custodial biological parent must consent to the adoption, unless his or her parental rights have already been terminated, or there are grounds for such termination.
In addition to the above conditions, if the stepchild is at least 14 years old, he or she needs to consent to the process as well.
Termination of Parental Rights
If a stepchild’s non-custodial biological parent is still alive, his or her parental rights need to be terminated before a stepparent can adopt. If that parent consents to the adoption, the parental rights can be terminated voluntarily. Otherwise, the court can terminate parental rights involuntarily if any of the following grounds exist:
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The biological parent abandoned the child;
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The biological parent has failed to maintain contact with the child;
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The biological parent has failed to provide financial support; and,
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There is evidence of parental unfitness, such as abuse or neglect.
What Are the Steps in a Stepparent Adoption Process?
The steps that a stepparent must go through when hoping to adopt a child in Illinois typically include:
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Filing a petition: A petition for stepparent adoption signed by both the stepparent and their spouse, a biological parent, is filed with the appropriate Illinois court;
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Background checks: Some stepparent adoptions may be exempt from extensive investigations, but the court might still require background checks or home studies to ensure the child’s safety and well-being;
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Consent and termination: The court will either accept the consent of the non-custodial parent or review the grounds for terminating that parent’s parental rights; and,
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Adoption hearing: Either one or both biological parents, as well as the stepparent, will attend a court hearing where the petition is reviewed, it is confirmed that all requirements have been met, and the adoption can be finalized.
Schedule a Free Consultation with an Oak Park, IL Stepparent Adoption Lawyer
The legal procedure for a stepparent adoption can be somewhat complicated, especially when the non-custodial parent contests the adoption. An experienced Hillside, IL family law attorney can guide you through the process and ensure that all legal requirements are met. At the Law Office of Vincent C. Machroli, P.C., we are dedicated to helping children and families realize their dreams. If you are considering a stepparent adoption, call us at 708-449-7404 to schedule a free consultation, and take the first step toward writing a new chapter in your family’s story.