Marshfield, WI asked in Adoption and Family Law for Illinois

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 it just give sole legal custody to the mother. Thank you!

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1 Lawyer Answer
James G. Ahlberg
James G. Ahlberg
  • Family Law Lawyer
  • Rochelle, IL
  • Licensed in Illinois

A: 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 could mean he is a respondent who is fighting the adoption. Without more information it's hard to provide an answer specific to your situation. As a general rule the parental rights of a biological parent who is not petitioning to adopt the child are terminated at the conclusion of a successful adoption proceeding if (and only if) he or she has received appropriate notice of the attempted adoption in the manner set forth in Illinois statutes.

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