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 my husband who is currently incarcerated still have rights to see and speak with his child?

If the mother gives up her rights as a parent, to her own mother and step father who will legally adopt the child. Can my husband still get visitation?

James G. Ahlberg
James G. Ahlberg
answered on Jan 23, 2018

If your child is adopted by your mother and step-father, the parental rights of the biological mother and father are typically terminated. The incarcerated father must be made a respondent to the adoption and has a right to object to it.

1 Answer | Asked in Family Law, Adoption and Child Custody for Illinois on
Q: I adopted a 7 yr old. I don't want her sister coming around and visit? She isn't the best person. Is that legal?

She keeps trying to tell me I have to let her see her. Her parents are both gone. The sister is a drunk. I just don't want her around my daughter.

James G. Ahlberg
James G. Ahlberg
answered on Jan 11, 2018

You don't have to let the sister visit. Once you completed the adoption, your daughter truly became your daughter, as fully as if you gave birth to her. Unless the order of adoption in your case is very odd, the family ties to her actual birth family are severed. She's your daughter now.... View More

1 Answer | Asked in Adoption for Illinois on
Q: How much does adoption cost?
James G. Ahlberg
James G. Ahlberg
answered on Jan 3, 2018

That depends on where you are, which attorney you hire, whether anyone will fight the adoption, and so on. No one can give you a solid answer to this question without enough details.

1 Answer | Asked in Adoption, Child Custody and Family Law for Illinois on
Q: My sister lost custody of her children in Atlanta, how do I get custody of them in Another state(Chicago)?

My sisters case is located in Georgia and I dont want my nephews in the system and would love to bring them home to Chicago with the rest of the family. She moved to GA away from everyone and this resulted in her losing custody and they are now in foster care. We really want them home with us and... View More

James G. Ahlberg
James G. Ahlberg
answered on Dec 28, 2017

You need to contact an attorney in Georgia, since that seems to be where the case needs to be filed.

1 Answer | Asked in Adoption and Child Custody for Illinois on
Q: Do you have to become a foster parent before you can adopt an unrelated child in Illinois?

When the mother willingly has picked you to be the adoptive parent's.

James G. Ahlberg
James G. Ahlberg
answered on Dec 12, 2017

No, you don't.

1 Answer | Asked in Adoption for Illinois on
Q: Can a biological parent seek visitation with a child after they are adopted by another family?
Ray Choudhry
Ray Choudhry
answered on Dec 2, 2017

Terminating parental rights is done before the adoption is approved.

So, no.

1 Answer | Asked in Adoption, Child Custody and Child Support for Illinois on
Q: What chance does he have to get visitation rights? And can I legally remove his parental rights?

My daughter is 5 years old and has only seen her biological father a handful of times. The last time he saw her was 2 months after her first birthday when he refused to get a temporary job to pay child support, after which I didn't hear from him for almost a year when he texts me that he... View More

Cheryl Powell
Cheryl Powell
answered on Nov 6, 2017

Go file an adoption. He will need to be served. He can file whatever he wants.

1 Answer | Asked in Adoption for Illinois on
Q: What is the cost of adopting your step child in Illinois with the other parents permission?

Is it necessary to have an adoption attorney in this process if everyone is peaceful about the situation?

Ray Choudhry
Ray Choudhry
answered on Nov 2, 2017

Different lawyers charge different ways.

Call some adoption attorneys in your county.

1 Answer | Asked in Adoption for Illinois on
Q: My Sons from a previous marriage are 20 and 21. My spouse of 4 years wants to adopt them can this be done?

Of course he is their step father but we are wanting the boys to have their step fathers ( and my) last name. A big reason being, their biological father was a monster when they were kids , he sits in prison now and the boys want nothing to do with him and definitely do not want to pass their... View More

Ray Choudhry
Ray Choudhry
answered on Oct 1, 2017

Adult adoptions are allowed.

They can also get their names legally changed. That is a much easier process.

1 Answer | Asked in Adoption for Illinois on
Q: Can my children be adopted without my knowledge
Ray Choudhry
Ray Choudhry
answered on Sep 26, 2017

Not unless your rights were previously cut off.

1 Answer | Asked in Adoption for Illinois on
Q: How can a child be adopted when mother never signed adoption papers, or never gave up parental rights. She only gave

Custody to godparents when she had mental breakdown. She thought of letting them but changed her mind but somehow without any notice of any hearings...even though they knew where she resided....her daughter got adopted...she has had no mental health issues in over 4 years..and had none prior to... View More

Ray Choudhry
Ray Choudhry
answered on Sep 4, 2017

She needs to have the file opened to see what happened.

Normally, she either consents or her rights are terminated.

How about the father.

1 Answer | Asked in Adoption for Illinois on
Q: Where should I start if I want start the adoptions process in Illinois? What resources do you recommend?
Ray Choudhry
Ray Choudhry
answered on Sep 1, 2017

Depends on who's child and whose consent is required.

1 Answer | Asked in Adoption for Illinois on
Q: What rights do birth fathers have for preventing birth mothers from putting a child up for adoption?
Ray Choudhry
Ray Choudhry
answered on Aug 16, 2017

Both parents have to consent or their rights have to be cut off as unfit.

1 Answer | Asked in Adoption for Illinois on
Q: If i signed my parental rights away how can i regain them if hes been adopted
Ray Choudhry
Ray Choudhry
answered on Aug 16, 2017

If everything was done properly, you can't unless new parents allow it.

1 Answer | Asked in Adoption for Illinois on
Q: Can birth moms discriminate against gay couples who want to adopt?
Ray Choudhry
Ray Choudhry
answered on Aug 2, 2017

She decides who to give consent to.

Anyway, how does the question even come up.

1 Answer | Asked in Adoption for Illinois on
Q: Can more than two people adopt a child?
Ray Choudhry
Ray Choudhry
answered on Jun 29, 2017

Not in Illinois at this time.

1 Answer | Asked in Adoption and Family Law for Illinois on
Q: How do I file an order to vacate adoption and reinstate original birth record in Illinois?

My daughter was adopted but wants her original birth file to be the legal file, in other words she wants her birth parents back on her birth certificate, not her adoptive parents.

Ray Choudhry
Ray Choudhry
answered on Jun 14, 2017

The birth certificate correctly shows the adopting parents as her parents.

Birth parents' rights were given up through consent or terminated.

The only way to go back to the original would be to have the adoption vacated.

One other way would be to have the birth parents adopt her.

1 Answer | Asked in Adoption for Illinois on
Q: I'm the father of a soon-to-be born child with a woman I'm not married to. She wants to give the child up for adoption.

Would I have priority as the child's father, even if we don't plan to stay together or marry?

Ray Choudhry
Ray Choudhry
answered on Jun 6, 2017

You have right to file parentage case even before birth of child to establish your rights.

If you are established father, adoption cannot take place without your consent or you being declared unfit.

1 Answer | Asked in Adoption and Child Custody for Illinois on
Q: 11 yr old boy that's been in my hubands life since the day he was born

My husband and I are wondering how we would go about either adopting or getting guardianship then adopting an 11 yr old boy who my husband has been involved with his life since he was born. My husband isn't his father the boy's adopted mother was my husband's ex wife(who was not... View More

Ray Choudhry
Ray Choudhry
answered on Jun 5, 2017

When the boy's mother adopted him, was she married.

If so, she and her husband would have adopted.

So, where is the adopting father.

He would have first rights.

Did he agree to someone else having guardianship.

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.