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Related and Step-Parent Adoption in Illinois

The Gitlin Law Firm, P.C., Woodstock, Illinois © 2008
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I am remarried and the biological father of my child has consented to the adoption by my new husband. Is it difficult for my current husband to adopt my child by a former marriage?
The biological father has been out of my child's life for years. Since he has never paid any child support and never known my child, would it be possible for my new husband to adopt even without the consent of the biological father?
Is there a difference between whether the biological father and mother were married to each other?
What is the reason for many step-parent adoptions?
Is a home study required for step-parent adoptions?
How long do step-parent adoptions generally take?

Q:I am remarried and the biological father of my child has consented to the adoption by my new husband. Is it difficult for my current husband to adopt my child by a former marriage?

A:No. Related adoption is quite straight-forward. The critical issue is whether the biological father consents to the adoption.

Q:The biological father has been out of my child's life for years. Since he has never paid any child support and never known my child, would it be possible for my new husband to adopt even without the consent of the biological father?

A:Yes. Illinois provides for grounds for adoption which include unfitness. Grounds are set forth in 750 ILCS 50/1 of the Adoption Act. Some of the more common grounds for unfitness include:

a) Abandonment of the child.

b) Failure to maintain a reasonable degree of interest, concern or responsibility as to the child's welfare.

c) Desertion of the child for more than 3 months next preceding the commencement of the Adoption proceeding.

d) Substantial neglect of the child if continuous or repeated.

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g) Failure to protect the child from conditions within his environment injurious to the child's welfare.

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l) Failure to demonstrate a reasonable degree of interest, concern or responsibility as to the welfare of a new born child during the first 30 days after its birth.

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n) Evidence of intent to forgo his or her parental rights, whether or not the child is a ward of the court,

(1) as manifested by his or her failure for a period of 12 months:
(i) to visit the child,
(ii) to communicate with the child or agency, although able to do so and not prevented from doing so by an agency or by court order, or
(iii) to maintain contact with or plan for the future of the child, although physically able to do so, or

(2) as manifested by the father's failure, where he and the mother of the child were unmarried to each other at the time of the child's birth,
(i) to commence legal proceedings to establish his paternity under [the applicable law] within 30 days of being informed, pursuant to Section 12a of this Act, that he is the father or the likely father of the child or, after being so informed where the child is not yet born, within 30 days of the child's birth, or
(ii) to make a good faith effort to pay a reasonable amount of the expenses related to the birth of the child and to provide a reasonable amount for the financial support of the child, the court to consider in its determination all relevant circumstances, including the financial condition of both parents; provided that the ground for termination provided in this subparagraph (n)(2)(ii) shall only be available where the petition is brought by the mother or the husband of the mother.

o) Repeated or continuous failure by the parents, although physically and financially able, to provide the child with adequate food, clothing, or shelter.

Q:Is there a difference between whether the biological father and mother were married to each other?

A:Yes. A person entitled to notice includes any person who is registered with the “putative father registry.” This registry was created after the relatively famous “Baby Richard” case. It is a registry where individuals who believe they are the father may register in order to protect their rights to the child for whom they believe they are the father. Other people entitled to notice include any individual named on the child's birth certificate.

Q:What is the reason for many step-parent adoptions?

A: In many step-parent adoptions, there is a large arrearage in child support. Another reason for step-parent adoption is the lack of visitation or contact by the biological father.

Q:Is a home study required for step-parent adoptions?

A:No. The judge may order a home study in a step-parent adoption but generally a home study is not required.

Q:How long do step-parent adoptions generally take?

A:Assuming that there is the consent of the biological father, generally, step-parent adoptions are done within approximately two months.

The Gitlin Law Firm, P.C., provides the above information as a service to potential and current clients. A person's accessing the information contained in this web site, is not considered as retaining The Gitlin Law Firm for any case nor is it considered as providing legal advice. The Gitlin Law Firm cannot guarantee the outcome of any case.

The Gitlin Law Firm, P.C.
Practice Limited to Family Law
663 East Calhoun Street
Woodstock, IL 60098
815/338-9401