Adoption Attorneys in Chicago Illinois

Uncontested adoptions include private adoptions (also referred to as independent adoptions), and agency adoptions. Private adoptions take place without the involvement of either the Illinois Department of Children and Family Services (“DCFS”) or a licensed private Illinois adoption agency. Agency adoptions include adoptions where children are placed with the adoptive parents through the services of a licensed Illinois Adoption Agency.

A related adoption occurs when one or both of the adoptive parents are related to the child. The most common type of related adoption is stepparent adoption. In a stepparent adoption, a child’s biological parent and that parent’s new spouse adopt the child. Other related adoptions include situations where one or both of the adoptive parents are the child’s biological brother, sister, grandparent, step-grandparent, stepbrother, stepsister, uncle, aunt, great-uncle, great-aunt, or cousin.

In a private adoption, also referred to as an independent adoption, the biological parents place the child with the adoptive parents directly, without using the services of either a licensed Illinois adoption agency or a public social services agency. Private adoptions are controlled by numerous laws, rules and regulations that must be stringently followed to effectuate the adoption and avoid undesirable consequences. The adoption attorneys of Abramovitch, Blalock & McKinnon are available to represent either the biological parents or the adoptive parents by preparing all necessary documentation, ensuring that all laws and regulations are followed, and avoiding potential problems.

An adult adoption is an adoption where a person 18 years of age or older becomes the legal child of the adoptive parents. One of the adoptive parents must either be related to the adult being adopted or have resided with the adult being adopted for at least two years prior to filing for adoption. The adult being adopted must consent to the adoption; but the biological parents do not need to be given notice and need not consent to the adoption.

In a co-parent adoption, (also referred to as second-parent adoption), two unmarried individuals adopt a child together. In the most common co-parent adoption scenario, one biological parent of the child and that parent’s same-sex partner adopt the child. Co-parent adoptions proceed much like stepparent adoptions.

Private Illinois Adoption Agencies are licensed and regulated by the state of Illinois through the Illinois Childcare Act of 1969, 225 ILCS 10/1 et.seq., and the Illinois Childcare and Family Services Act, 20 ILCS 510. Private Illinois adoption agencies are licensed to provide the public with information and advice regarding Illinois adoptions. Illinois adoption agencies are authorized to license adoptive and foster homes. Licensed Illinois Adoption Agencies can accept the surrender of children from birth parents. Licensed Illinois Adoption Agencies also have the authority to place children in the homes of adoptive parents. Finally, Illinois Adoption Agencies provide post-placement supervision and supportive services.

Under limited circumstances, an adoption can be vacated or reversed after the fact. For example, a biological parent may petition a court to reverse an adoption based on a claim that the court lacked jurisdiction to enter the adoption, the biological parent was not given proper notice of the birth and/or the adoption. An adoption could also be reversed if the parental consent form is found to be invalid for technical reasons, or the consent was obtained by fraud or duress. The family law attorneys at Abramovitch, Blalock & McKinnon are available to represent clients seeking to defend against petitions to vacate an adoption. When representing adoptive parents our attorneys will use their skills and experience to prevent a successful challenge to one of our adoptions.

In parentage cases and following a divorce one of the biological parents sometimes disappears from the life of his or her child. In such circumstances, the other parent together with his or her new spouse, partner, or another third party, may be able to adopt the child with or without the consent of the absent biological parent.

An additional legal avenue, if you do not want to pursue adoption, is guardianship. Guardianship simply means that the guardian is not seen as the child’s new parent, but as someone who only looks after the child. The new guardian may provide a permanent home for the child and make legal decisions on behalf of the child (such as education, medical, and religious influence). It is also possible for guardians to receive financial resources to aid in the raising of the child. Guardianship is often an appealing option for licensed relatives of a child who has been living in the residence for at least six consecutive months. Also, in a guardianship case, the rights of the birth-parents do not necessarily have to be terminated.