How does the adoption process work in Illinois?
Illinois's Adoption Act (750 ILCS 50/) is administered in the Circuit Court's juvenile or chancery division and uses a strong irrevocable-consent regime.
1. Types of Adoption
2. Petitioner Eligibility
Under 750 ILCS 50/2, a reputable adult of either sex with at least 6 months Illinois residency (or 90 days for military) may petition. A spouse must join unless the spouse is the natural parent.
3. Consent Requirements
A Final and Irrevocable Consent to Adoption under 750 ILCS 50/9 cannot be signed earlier than 72 hours after the child's birth. Once executed before a judge or designated person, the consent is irrevocable except on proof of fraud or duress within 12 months (§ 11). A Surrender to an Agency under § 10 is similarly irrevocable on execution.
4. Home Study
Required for all non-related placements and conducted by a DCFS-licensed agency under § 6. Related adoptions (step-parent, grandparent, sibling) are exempt unless the court orders one. A post-placement supervision period precedes finalization.
5. Termination of Parental Rights (TPR)
Voluntary by consent/surrender. Involuntary on unfitness grounds enumerated in 750 ILCS 50/1(D) — including abandonment, depravity, habitual drunkenness, or failure to maintain reasonable interest. Interstate placements follow ICPC (45 ILCS 15/). ICWA (25 U.S.C. § 1901) applies to Native American children.
6. Finalization Hearing
The Circuit Court holds the hearing approximately 6 months after placement. The judge enters the Order of Adoption (§ 14), and the Illinois Department of Public Health issues a new birth certificate.
This is legal information, not legal advice.
- Allegations of fraud or duress in obtaining a consent within 12 months
- Putative-father registry compliance under 750 ILCS 50/12.1
- Unfitness TPR contested by the biological parent
- 750 ILCS 50/0.01 et seq.
- 750 ILCS 50/9
- 750 ILCS 50/1(D)
- 45 ILCS 15/ (ICPC)
- 25 U.S.C. § 1901 (ICWA)
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.