Adopting a Child in Illinois

A reputable adult (or a minor with court permission) with no legal disability who has lived in Illinois for at least six months before filing (or a service member domiciled in Illinois for 90 days) may petition; a married or civil-union petitioner who has not lived apart from the spouse or partner for 12 months must adopt jointly with that person. The residency rule does not apply to related-child adoptions or placements by an Illinois-licensed agency, among others. Consents or surrenders are required unless the court finds a parent unfit by clear and convincing evidence or another exception applies, and a child 14 or older must consent. Within 10 days after filing to adopt an unrelated child, the court appoints an approved agency or other person to investigate the petitioners, including a fingerprint-based criminal background check.

A stepchild is a "related child" under the Adoption Act. The six-month Illinois residency requirement does not apply, and no court investigation is made in a related-child adoption unless the court orders one. A married stepparent adopts jointly with the spouse who is the child's parent. The other parent's consent or surrender is required unless the court finds that parent unfit by clear and convincing evidence or another statutory exception applies, and a child 14 or older must consent.