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Illinois Adoption Questions & 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 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 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 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 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.

1 Answer | Asked in Adoption for Illinois on

Q: I'm an unwed pregnant woman who is thinking of giving my baby up for adoption.

I'm worried that my hormones aren't making me think straight about it. What happens if I change my mind after I give birth and decide to keep the baby?

James G. Ahlberg answered on Oct 12, 2018

1. If you sign a consent for adoption BEFORE the child is born, you have 72 hours after the birth of the child to change your mind and revoke your consent to the adoption.

2. AFTER the child is born you cannot sign a consent or surrender for adoption until at least 72 hours have passed....
Read more »

1 Answer | Asked in Adoption for Illinois on

Q: What's the legal difference between child-trafficking and private adoption agencies?

James G. Ahlberg answered on Sep 25, 2018

Private adoption agencies operate within the law and have the best interest of the child in mind. Child traffickers do not operate within the law and most assuredly do not have the best interest of the child in mind.

1 Answer | Asked in Adoption for Illinois on

Q: What rights do birth fathers have to prevent the birth mom from adopting the baby to another family?

Ray Choudhry answered on Sep 14, 2018

Unless the father consents to the adoption, his rights have to be cut off by proving his unfitness.

This could be abandonment, failure to maintain interest or a whole host of other reasons.

The usual incentive for cooperation is that he won't have to pay child support.

1 Answer | Asked in Adoption for Illinois on

Q: How are adoption fees even "legal" in the United States? You shouldn't be able to buy people.

James G. Ahlberg answered on Sep 2, 2018

Adoption agencies are not selling children. They are providing a service for which they must recoup their overhead. If they were not able to do this they could not afford to render the service and adoptions would dwindle away.

1 Answer | Asked in Adoption, Child Custody and Child Support for Illinois on

Q: even though I don't want to do this, how would I go about giving up my rights and not have to pay child support.

My sons last name was changed in July of last yr. I told the judge only way I would allow it is if his step father adopted my son and asked if I could give up rights n paying child support n the judge just granted name change. I never wanted out of my sons life and was willing to work with them but... Read more »

Ray Choudhry answered on Aug 13, 2018

You can't force her husband to adopt.

So, you are stuck.

But, you can assert your rights to be more involved with your child.

If you stay with it, you will get a court hearing.

1 Answer | Asked in Adoption for Illinois on

Q: Are there laws that require you to be the same ethnicity as the baby you want to adopt in Illinois?

Ray Choudhry answered on Jul 17, 2018

No.

Unless it has to do with American Indians where there may be some special rules.

1 Answer | Asked in Adoption for Illinois on

Q: If I adopted my child overseas, do I have to file to re-adopt them in Illinois?

Jared Giuffre answered on May 2, 2018

I am going to give you the lawyer answer, that depends on what country the adoption was from. But it is always a good idea to “enroll” the adoption here in the US, so you don’t have potential issues in the future attempting to get the adoption paperwork from the other country.

1 Answer | Asked in Adoption for Illinois on

Q: We are adopting my niece do we have to have a lawyer or can we go in front of a judge without a lawyer

James G. Ahlberg answered on Apr 19, 2018

For the sake of your niece, use a lawyer. Neither you nor she wants to be confronted with a claim the adoption wasn't done properly 3, 5 or 10 years from now, so she must be surrendered by you to be raised by someone else. Every detail must be done right. I repeat, every detail. Hire a lawyer with... Read more »

1 Answer | Asked in Adoption and Child Custody for Illinois on

Q: Can we win custody of non relation child we raise over 4 years? mother out of prison and want her back.

Father has custody but we "babysitter" 24/7 for over 4 years now she was 3 and now 7. dont see father much or mother til out of prison and now she has sunday visitation right and now wants full custody. we want full custody of the child can that happen? what should we do? child consider us as... Read more »

James G. Ahlberg answered on Apr 9, 2018

You really need to meet with a competent family law attorney as quickly as possible. There are too many "ifs, ands, buts and on the other hands" to give you a good answer without having the chance to ask probing questions to get at the details of what you've written.

1 Answer | Asked in Adoption, Animal / Dog Law, Child Custody and Family Law for Illinois on

Q: Would I be able to get my dog back legally without going to court?

My mom gave my dog away to a coworker. I was the one who adopted him and I was the one who paid for vet visits and his microchipping. He's registered in my name. I never granted the release of my dog to this coworker. After a couple of days the coworker let my mom know that she wanted to give him... Read more »

Mrs. Lucinda D. Bugden answered on Apr 3, 2018

You have to make a demand for your dog in writing. Write a letter, date it & keep a copy of it. I recommend to use a nice tone in the letter, asking to have the dog returned to you by a date certain. Then if they do not return the dog to you, you can file a small claims lawsuit. You will want to... Read more »

1 Answer | Asked in Adoption for Illinois on

Q: Do you have to have a certain income level to adopt a child?

James G. Ahlberg answered on Mar 9, 2018

The adoption law of the Illinois doesn't require a minimum level of income. Nevertheless, if it appears to the court or the guardian ad litem appointed by the court to investigate the case that the prospective adopting parent(s) will not be able to support the child, the question will almost... Read more »

1 Answer | Asked in Adoption and Family Law for Illinois on

Q: What would it take to have a general consent of adoption reversed? The adoption has not gone thru, he is in foster care.

I signed a general adoption for my son while I was in prison under the impression that he was going to a family member. Children and family services removed him from her home a few days after i was released for reasons that were unfounded and they have not placed him back. They have him with a... Read more »

Cheryl Powell answered on Mar 5, 2018

A consent must be signed in the presence of a caseworker or a judge. If that did not happen, the consent is invalid.

1 Answer | Asked in Adoption for Illinois on

Q: How long does the adoption process take?

James G. Ahlberg answered on Feb 17, 2018

That depends on many factors, such as whether a party fights the adoption, whether you are filing it in a county with a busy court schedule or not, how quickly reports are prepared (if necessary), the schedule of the attorney who filed the adoption, how promptly the attorney gets the paperwork done... Read more »

1 Answer | Asked in Adoption, Child Custody, Child Support and Domestic Violence for Illinois on

Q: can i put my childs father on child support if someone else is on the birth certificate? without letting him see my son?

Hi i was 18 when i got pregnant and i was dating someone who is not a model citizen. he has a lengthy police record has been to prison multiple times and is involved in a "gang" and is involved in drug related activities we broke up when i was 3 weeks pregnant. when i started dating my current... Read more »

Cheryl Powell answered on Feb 15, 2018

No

1 Answer | Asked in Adoption for Illinois on

Q: Can I hire a lawyer to prepare legal documents for my adoption case?

James G. Ahlberg answered on Feb 14, 2018

You not only can, but you absolutely should hire an attorney to handle this. There are a thousand ways to foul up an adoption, but there is only one way to do it right. Hire a lawyer who regularly handles adoptions and let him or her take care of it from start to finish.

1 Answer | Asked in Adoption and Family Law for Illinois on

Q: If a my baby daddy is in jail waiting for sentencing, can I put the baby up for adoption with out him finding out?

Would he be able to go after the family that adopts the baby? Is there anyway to terminate his rights

James G. Ahlberg answered on Feb 3, 2018

No.

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