How to Adopt Your Stepchild in Illinois

 Posted on March 06, 2025 in Family Law

The government does not track stepparent adoptions as a category on its own; rather, these adoptions fall under the broader umbrella of "family adoptions." Family adoptions may also include adoptions by grandparents, aunts, uncles, siblings, and other family members. One study by the National Council of Adoption estimated that stepparent adoptions make up as much as 50 percent of the family adoption category.

Adopting a stepchild can be an exciting and meaningful process for your blended family. Under Illinois law, stepparent adoption allows a stepparent to become the legal parent of their spouse's child. This transfers all the rights and responsibilities of legal parenthood to the adoptive stepparent. If you are considering stepparent adoption, an Aurora, IL lawyer can help make the process easier by knowing exactly what steps to take.

Can I Adopt My Stepchild?

Stepparent adoption, as a form of family adoption, is governed by statute 750 ILCS 50/1. Every family is unique in some way, and stepparent adoption is not always the best choice. All those involved in a stepparent adoption must have an open, honest conversation and consider the overall goals. Is the goal to have a legal claim over the child in the event that something happens to the biological parent? Or perhaps the goal is simply to feel like a family for all those involved.

Whatever the goal, it is important to note that the process is not a simple one and can cost between $2,000 and $3,000. When a stepparent adoption is final, the adopted child is legally seen as the stepparent’s biological child. Terminating a stepparent adoption in the event that the couple separates is nearly impossible. The Court will place an emphasis on what the adoptive child would like.

In fact, if the child is in his or her teens, those wishes may be the only consideration. If a strong bond exists between the child and the stepparent and the child’s other biological parent is either absent, deceased, or wishes to give up his or her parental rights, then stepparent adoption may be the best step for all those involved.

Do I Have to Have the Child’s Other Biological Parent’s Consent to Adopt My Stepchild?

Assessing the role of the child’s other biological parent is crucial to the process. It must either be shown that the biological parent is willing to terminate his or her parental rights, or there must be grounds for the Court to remove the parent’s rights. If the biological parent is deceased, this makes a stepparent adoption much simpler. If the biological parent agrees to terminate his or her parental rights, then the stepparent adoption can also proceed.

If the child's father is unknown or cannot be found, a default termination of parental rights is possible but not likely. If a biological parent does not consent to the removal of parental rights, the adoption could proceed as "contested," but the judge would require reasons why that parent’s rights should be terminated.

When a stepparent adoption is contested, a guardian ad litem who acts on behalf of the child will be appointed. The guardian ad litem will investigate the child’s current living conditions, speak to all those involved, and issue a report to the Court. A contested stepparent adoption will likely take much longer than an uncontested case since the Court must follow strict due process procedures regarding the other parent’s parental rights.

Terminating the Non-Custodial Parent's Rights

If the non-custodial parent cannot be found or does not agree to the adoption, then his or her parental rights must be formally terminated before the stepparent adoption can move forward. There are a few potential grounds for termination in these cases:

• Abandonment: If the non-custodial parent has failed to visit or communicate with the child for over three months, this constitutes abandonment.
• Failure to support: If they have failed to provide any child support for over three months.
• Unfitness: Circumstances like substance abuse problems or abuse and neglect can establish unfitness.

When the non-custodial parent does not consent to giving up rights, the custodial parent filing the adoption petition will need to provide clear evidence for termination based on Illinois law.

What Documents Are Necessary for a Stepparent Adoption?

Most courts will require the following documentation for a stepparent adoption:

•  A marriage certificate for the custodial parent and the stepparent.
• Income verification for the custodial parent and the stepparent.
• A background check is not required in stepparent adoptions, but fingerprints will be taken for everyone in the household over the age of 18 – except for the biological parent.
• Consent from the child if he or she is over the age of 14.
• The guardian ad litem may ask for additional documentation, depending on the situation.

How is a Stepchild Adopted in Illinois?

The first step in a stepparent adoption is to file a petition to adopt. This petition is submitted to the Court in the county where the parent and stepparent live. The petition will require personal information, including the documentation listed above, as well as the length of time you have known the child.

The circumstances surrounding the other biological parent’s lack of contact or other issues will also be included in the petition. In Illinois, a stepparent can file the adoption petition independently without an attorney, though having legal guidance can be helpful and can make the process go much more smoothly.

The Adoption Hearing

Once the petition is filed and the Court is satisfied that the legal grounds have been met, an adoption hearing will be scheduled. During this hearing, the judge will review all submitted documentation and evidence. If everything is in order, the judge will formally terminate the non-custodial parent's rights. The child’s custodial biological parent will retain all custodial rights while the stepparent gains legal parental status through the adoption.

The Final Steps for Adoption

Once approved by the Court, the adoption decree is issued. This legally finalizes the stepparent as the child's adoptive parent. The last steps include obtaining a new birth certificate listing the stepparent and the birth parent as legal parents and changing the child's last name if desired.

While stepparent adoption brings a major legal change, the entire family should also be prepared for potential emotional aspects. Counseling resources can help birth parents, stepparents, and children adjust to this new dynamic.

Contact a Kane County, IL Family Law Attorney

With proper preparation, stepparent adoption can bring permanency and stability to blended families under Illinois law. Reach out to a Geneva, IL family lawyer to obtain necessary guidance on the process. We offer competitive rates and flexible payment plans. Contact The Law Office of Matthew M. Williams, P.C. at 630-409-8184 for a private consultation.