How Can I Adopt My Stepchild in Illinois?

 Posted on April 20,2020 in Family Law

stepparent adoption occurs when a stepparent wants to adopt his or her spouse’s child. The legal difficulties associated with a relative adoption such as a stepparent adoption are often much different than other types of adoptions. If you are interested in adopting your spouse’s child, speak with a family law attorney experienced in relative adoption cases to get the guidance you need.

Obtaining the Other Parent’s Consent

Many stepparents view their spouse’s child as their own. If you are a stepparent considering adoption, you have probably developed a strong relationship with your stepchild. However, in the eyes of the law, stepparents do not have the same legal rights and responsibilities that a biological parent has. Children can only have two legal parents. In order to adopt your spouse’s child, the child’s other parent may need to consent to the adoption. If the other parent agrees to the adoption, his or her parental rights are terminated, and the stepparent has the opportunity to assume those parental rights.

If the child’s other parent does not want to terminate his or her parental rights, the court will determine whether or not the parent’s parental rights should be terminated involuntarily. For example, if the other parent has been absent from the child’s life for a significant amount of time, the court may terminate the parent’s parental rights through a verdict of abandonment. A parent may also be deemed “unfit” and loose his or her parental rights due to:

If your spouse’s child is aged 14 years or older, he or she has the right to voice his or her opinion about a potential stepparent adoption. If the child does not want to be adopted by his or her stepparent, the child has the authority to block the adoption.

Contact a Lombard Stepparent Adoption Lawyer

If you are a stepparent who is considering adopting your spouse’s child, you may be unsure of the steps you need to take to make the adoption possible. At A. Traub & Associates, we have helped numerous parents handle the legal challenges associated with stepparent adoption. Schedule a confidential consultation with a DuPage County family law attorney to discuss your needs by calling us at 847-749-4182.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2098