433 Williamsburg Ave.
Geneva, IL 60134


Kane County Adoption Attorney

Personalized Representation for Family Law Matters in Northern Illinois

Under the Illinois Adoption Act (750 ILCS 50/), adoption is a legal process by which an adult become the legal parent of a child, thereby acquiring the rights and responsibilities of a biological parent. Adopting a child can be a positive and life-changing event. As such, it is important to ensure that you understand the legal basis for adoption in Illinois, as well as the path to becoming an adoptive parent. 

At OSH Law, we have significant experience assisting families with a variety of family law matters, including adoption. Otto S. Hurtado is a dedicated family law attorney with years of experience handling family law cases. Whether you have questions about a private placement adoption, a related adoption, or another issue, we are here to help.

Hiring an Advocate for Your Adoption Case

In general, Illinois recognizes five different types of adoptions:

  • Private placement adoptions, in which the biological parents agree to the adoption;
  • Related adoptions, in which the party seeking to adopt the child is related to that child (stepparents are included in this category);
  • Unrelated adoptions, where the person seeking to adopt the child is not related to that child;
  • Agency placement adoptions, in which a child in the care of an adoption agency is placed for adoption; and
  • Adult adoptions, in which someone who is not a biological parent adopts an adult.

Adoptions can take place in several different ways. Many adoptions are voluntary, and the child’s biological parents can consent to the adoption. In certain cases, however, the court will order an adoption and will terminate the biological parents’ rights.

Generally speaking, Illinois allows its residents to adopt a child as long as the person seeking to adopt meets the following conditions:

  • Is a reputable person;
  • Is at least 18 years old;
  • Has no legal disability; and
  • Has resided in Illinois for at least six months, or, if the person is a member of the armed forces, has been domiciled in Illinois for 90 days.

If you are married and are seeking to adopt a child, you must remember that Illinois law requires both you and your spouse to adopt the child. As such, your spouse must meet the same conditions for adoption. Once the adoption has been finalized, the biological parents will not retain any legal rights or responsibilities with regard to the child. An adoption means that, legally, the adoptive parents step into the shoes of a biological parent, acquiring legal rights and responsibilities when it comes to the child.

Family-Focused Service in Adoption Cases

Adoption cases involve many different family situations. In some cases, a married couple might seek to adopt a child they have never met. In other cases, a stepparent may seek to adopt the biological child of his or her new spouse. At OSH Law, we understand that situations vary widely, and we know that each adoption case has its own nuances and particularities. Contact us at 331-248-8190 to learn more about how we can provide assistance in your adoption case. We serve clients in DeKalb, Kendall, DuPage, and Kane Counties.

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