Lawyers, Answer Questions  & Get Points Log In
Illinois Adoption Questions & Answers
1 Answer | Asked in Adoption, Child Custody and Family Law for Illinois on
Q: Can a parent sign over their rights to a friend after their child is put into foster care, In the state of Kentucky

The mothers daughter was put into foster care, at the end of the month she has court for termination of rights, and she would like to sign those rights over to me and my husband instead. We just want to know if that is even possible and how to proceed if it is.

Cheryl Powell
Cheryl Powell
answered on Jan 11, 2024

I can tell you what would happen in Illinois and the rules should be similar to Illinois. In Illinois, the child would be a ward of the court before a termination of rights case began. The only way you could get the child is if DCFS KY agrees. You need a lawyer who works with DCFS and does... View More

1 Answer | Asked in Family Law, Adoption and Child Custody for Illinois on
Q: 1/2..My son's biological father (never married) has never met or wished to have anything to do with him. We haven't

2/2… talked in almost 2 years since the day he was born. My now fiance, soon to be husband wants to know how to go about becoming his legal parent. How should we proceed after marriage?

James G. Ahlberg
James G. Ahlberg
answered on Aug 9, 2023

After marriage you and your new husband can file a petition for adoption of the child. Do NOT try this on your own -- there are too many opportunities to do it incorrectly and the stakes are too high! Hire an attorney who does adoptions and let him or her make sure all the details are handled... View More

1 Answer | Asked in Adoption and Family Law for Illinois on
Q: What should I do when my adoptive parents kicked me out at 18?

Ever since my 18th birthday me and my adoptive mom havent gotten along and today she told me to leave her house. I have nowhere to go and I'm not sure what options I have.

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 17, 2023

When you turn 18, you're considered an adult in Illinois. If your adoptive parents have asked you to leave and you have nowhere to go, here are some options:

- Reach out to friends or family for temporary accommodation.

- Contact social services or the Department of Children...
View More

1 Answer | Asked in Adoption and Family Law for Illinois on
Q: I am trying to adopt my girlfriends daughter, the father isn’t on the birth certificate and never met the daughter.

Father isn’t on the birth certificate and was given many chances to meet his daughter but has only met her once for 5 minutes since she was born he refuses to answer any texts or calls and No DNA test was done. Would we need his consent for the adoption or do we have to take him to court.

James G. Ahlberg
James G. Ahlberg
answered on May 22, 2023

You either need his written consent or serve him with your Petition for Adoption and give him a chance to appear in court. Don't try this without a lawyer! Adoption has a number of details that need to be handled exactly correctly. Acquiring a child in this manner should not be left to "I... View More

3 Answers | Asked in Immigration Law and Adoption for Illinois on
Q: Need help with for I 135 petition for my daughter?

I am a resident since 2007 and want to help my family (daughter ) from CHILE.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 16, 2023

To petition for your daughter through Form I-130, you can follow these general steps:

Determine eligibility: As a lawful permanent resident (green card holder), you can file an I-130 petition for your unmarried child over the age of 21. Make sure your daughter meets the eligibility...
View More

View More Answers

1 Answer | Asked in Adoption, Child Custody and Child Support for Illinois on
Q: okay so i am 17 years old and in a very abusive group home i would lie to live in Florida with my sister

i want to do it legally without police involvement is this possible can you guys help

Cheryl Powell
Cheryl Powell
answered on Feb 13, 2024

Your sister would need to get temporary guardianship of you. This forum does not provide legal services. She would need a lawyer in the county where you reside.

1 Answer | Asked in Adoption and Family Law for Illinois on
Q: My question involves a single parent adoption in Illinois wherein the biological mother adopts her son.

The biological father was the respondent and a copy of the petition was found in his belongings after he died, so I believe he received notice. If the adoption goes through, are the biological father's parental rights terminated, or could it mean something less than that? For example, having... View More

James G. Ahlberg
James G. Ahlberg
answered on Nov 17, 2023

Your question is difficult to answer because the first sentence you wrote is ambiguous. The biological father "being part of the case" could mean he is joining as a petitioner in the attempt to adopt the child, it could mean he is a respondent who has consented to the adoption, or it... View More

1 Answer | Asked in Adoption for Illinois on
Q: are people allowed to just come into my house in order to adopt my child

my parents have made false reports and kept me away with an order of protection

John Michael Frick
John Michael Frick
answered on Sep 29, 2023

No. With the exception of law enforcement with a warrant or under exigent circumstances, no one may enter a house you own without your permission.

1 Answer | Asked in Adoption for Illinois on
Q: My Aunt is pregnant and wants me to adopt the child. What do I need to do?
James G. Ahlberg
James G. Ahlberg
answered on Mar 23, 2022

You need to meet with a lawyer who handles adoptions. This is not something to treat as a do-it-yourself project.

1 Answer | Asked in Adoption, Child Custody, Child Support and Family Law for Illinois on
Q: My husband just was told he may have a 7 year old son he didnt know about. The mother hasn't had the child for awhile.

the mother is in jail right now waiting a trial and then will go to prison for a while. I am his wife. We want to prove paternity and totally adopt him as OURS . But don't want him around his "mother" ever again seeing as she is so unfit. We have 4 kids of our own and a house and I... View More

James G. Ahlberg
James G. Ahlberg
answered on Jan 25, 2022

There are too many variables in your situation for a lawyer to give you solid advice on these issues without sitting down and talking to you and your husband. I encourage you to make an appointment with an attorney in your area who handles adoptions. Also, if DCFS has to due an investigation of you... View More

1 Answer | Asked in Adoption and Family Law for Illinois on
Q: How hard would it be for me to adopt my stepson if the bio mom hasn't had any contact in over 5 years?

This includes not paying court ordered child support. We've been together 8 years and married for 3. Do we need her consent?

James G. Ahlberg
James G. Ahlberg
answered on Sep 30, 2020

You don't necessarily need her consent based on the facts you set forth, but it will be easier if you have her consent. Either way, you are required to provide her formal notice that you're attempting the adoption.

1 Answer | Asked in Family Law and Adoption for Illinois on
Q: Can I get my daughter's custody back? I gave up my parental rights when she was 1 to my parents. They agreed to annul.

Her biological father was deemed unfit. I have a full time job and financially stable. I do still live at home with them but in the process of finding my own place. The adoption took place 8yrs ago. It was an adoption case.

Tracey A. Hower
Tracey A. Hower
answered on Aug 20, 2020

Was it an adoption or guardianship case?

1 Answer | Asked in Family Law, Adoption, Child Custody and Juvenile Law for Illinois on
Q: I'm 16 and live in illinois. I want to be emancipated from my parents. How do I do that? My home is unsafe to live i

My house is in awful condition. Its unfit and unsafe to live here. My parents wobt consent to my emancipation and may become violent. I have people that would let me live with them. I dont know what to do.

James G. Ahlberg
James G. Ahlberg
answered on Mar 14, 2020

It's not easy. To learn how it is done, go to this website: http://www.ilga.gov/legislation/ilcs/ilcs.asp

On the window that opens, click on Chapter 750 FAMILIES.

On the next window that opens, click on 750 ILCS 30/ Emancipation of Minors Act.

Pay particular attention...
View More

1 Answer | Asked in Adoption and Family Law for Illinois on
Q: How do I stop an adoption in Illinois and they never notified me?

I have 2 children that my mother has guardianship of and the guardianship was filed in Indiana so I petitioned the court to terminate the guardianship. In return my mother goes and gets an attorney in Illinois and filed for adoption of my 2 children. I have not been notified of the adoption in... View More

James G. Ahlberg
James G. Ahlberg
answered on Mar 3, 2020

You should immediately hire an attorney in the county where the adoption case has been filed. Bring all the paperwork related to the Indiana guardianship with you to the first appointment with the attorney. Explain what's happening and he or she should take it from there.

1 Answer | Asked in Family Law and Adoption for Illinois on
Q: Can I get my parental rights reinstated if I signed them away a few years ago?

I signed my rights away when my daughter was being fostered by my cousin. I had a drinking problem but I’ve been sober for a while now. Can I get my rights back?

James G. Ahlberg
James G. Ahlberg
answered on Mar 2, 2020

There is no way to answer this without reviewing the paper you signed at the time.

2 Answers | Asked in Family Law, Adoption, Child Custody and Domestic Violence for Illinois on
Q: How do I terminate a guardianship from Illinois? My daughter's guardians have taken my daughter with no contact.

Her legal guardians have taken my daughter from me, filed an emergency motion in Illinois stating to the Judge that they are deciding who speaks/ sees to her, and that they would deny any contact from both parents. My ex (her father) was released from jail with 2 counts of continuous family... View More

Rahlita D. Thornton
PREMIUM
Rahlita D. Thornton
answered on Jan 6, 2020

Sounds like there was a case pending in Illinois. If there is an order there contact an attorney in that county in that state. Good luck!

View More Answers

1 Answer | Asked in Family Law and Adoption for Illinois on
Q: My ex wife died. I have full custody of our son I've remarried. How hard would it be for my current wife to adopt my son

He has lived with us for 3 years and has had no contact with his birth mom for over a year

Ray Choudhry
Ray Choudhry
answered on Apr 29, 2019

Unless there is something you have not mentioned, this should be a simple process.

1 Answer | Asked in Adoption for Illinois on
Q: Can anyone be adopted at any age? This person is in their 50s.
James G. Ahlberg
James G. Ahlberg
answered on Dec 14, 2018

Yes, although the formal consent of the person being adopted is required if they are 14 years of age or older. The written consent must be filed with the court.

1 Answer | Asked in Adoption for Illinois on
Q: Is it possible to open up sealed records in Illinois?
James G. Ahlberg
James G. Ahlberg
answered on Nov 23, 2018

It requires a court order to do so. They are rarely granted.

1 Answer | Asked in Adoption for Illinois on
Q: If we adopt, and the birth parents are okay with it, how long until we are the legal parents of the child?
James G. Ahlberg
James G. Ahlberg
answered on Nov 10, 2018

That depends entirely on how fast your lawyer gets the paperwork done and how fast your local court system operates. It shouldn't be more than a matter of months unless a problem comes up.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.