Illinois Law
Illinois Adoption Law
Adoption Law
Adoption law, like most family law, is state law; there is very little federal regulation of adoption. Each state has the authority to create adoption laws and to regulate adoption agencies. One major exception to this rule concerns adoption of a child from another country. The United States Immigration and Naturalization Service (INS) imposes regulations on such adoptions in addition to those imposed by the state; the adoptive parents must be United States citizens, for example. Adoption in Illinois is governed by the Illinois Adoption Act.
What Is Adoption?
Adoption may take place within a family. This kind of adoption sometimes is called a relative adoption. A stepparent who is responsible for providing the care, love, discipline, and guidance for the children of his or her spouse may formalize the relationship by adopting the stepchildren. As with any adoption, this can happen only if both natural parents agree.
It is possible for an adult to be adopted in Illinois. If the person being adopted is 14 years of age or older, that person must consent to the adoption. In addition, the adopted person either must be related to one of the adopting parents, or must have lived with his or her new family for at least two years prior to the adoption.
Most of the laws and regulations concerning adoptions are applicable to so-called stranger adoption or unrelated adoption. That is, people seek out a child to adopt through an acquaintance or an agency.
Open Versus Closed Adoption
If the adoptive and birth parents know each other and remain in touch after the adoption, the adoption is said to be open. If they do not know each other and do not stay in touch after the adoption, it is said to be closed.
Open and closed adoptions are not the only two options available to parents; they exist at opposite ends of a continuum of choices. The degree of openness in an adoption is determined by the parties involved and may be quite complex. Most important to a successful adoption is that all expectations regarding openness and the role both sets of parents will play are clearly communicated and understood by all parties. Adoption facilitators or attorneys can assist in ensuring the most secure adoption plan in the best interests of the child.
Who May Adopt?
People seeking to adopt in Illinois must reside in Illinois for at least six months prior to commencing the adoption proceedings. Commonly, married couples apply to become adoptive parents, although single or divorced people do have the right to adopt in Illinois. Married people must adopt together, however; one spouse may not seek to adopt a child without the consent and joint petition of the other spouse. If a person gets married while in the process of adopting a child, the new spouse must join in the adoption petition.
As a practical matter, it is easier for some people to adopt than for others. Agencies tend to prefer placing children with couples who have been married for a considerable length of time (generally at least three years) and who have financial security. People who are healthy and under 40 years of age usually will have an easier time also. People who do not fall within these general guidelines may be required to provide additional information to an agency considering their application. For instance, a single person may be asked whether there are family members who will be available to help with child care.
Adoption Placements and Procedures
In Illinois, all agencies specializing in adoption must be licensed as child welfare agencies under the Illinois Child Care Act. A hospital that is not licensed as a child welfare agency, for example, may not legally facilitate adoptions. In order to adopt in Illinois from an agency in another state, the agency must be licensed in accordance with the Interstate Compact on the Placement of Children, or the agency must provide other means of showing it is a reputable organization that will take responsibility if the adoption fails.
Even with these regulations, however, not all licensed agencies are equal. Agencies differ in the services offered, adoptive clients served, geographic area served, fees charged, and age of child sought to be adopted. When dealing with an adoption agency, it is best to ask questions to determine whether the needs of the adoptive parents and the birth parents fit the services offered by the agency.
Initiating an Adoption
Before an adoption of a child under the age of 14 can commence, the child's birth parents must voluntarily give up their parental rights by signing a document relinquishing all legal rights with regard to the child. Another way parental rights are terminated is involuntarily: the parents are declared unfit by a court of law. For example, a court may find that a parent has abandoned the child, severely abused the child, or has shown such little interest in caring for the child that he or she is not competent to be a parent. Usually, when birth parents relinquish their right to raise a child, however, they do so consensually. The right to care for the child and make decisions on his or her behalf may be given over to an adoption agency (discussed below) prior to the child's placement with his or her adoptive parents.
Both birth parents must relinquish parental rights. Without this consent, an adoption may not occur, with one exception: If the child was born out of wedlock, the Illinois Department of Children and Family Services must provide notice of the adoption proceeding to the person presumed to be the father. If the father comes forward, his right to be the parent may be terminated only if he voluntarily consents or if he is declared unfit. If he does not respond to the notice, the adoption can proceed with the biological mother's consent only.
In Illinois, as in all other states, it is illegal to buy a baby. This means not only that adoptive parents may not pay a parent or a third person for the right to adopt a child, but the parents are prohibited from giving gifts to the birth mother, paying her living expenses, or doing anything else that could be considered buying the right to adopt a particular baby. This law does not prohibit adoption agencies or intermediaries such as attorneys from charging fees for their services. Most states, including Illinois, do allow the adoptive parents to pay for the birth mother's medical expenses related to the birth of the child.
Qualification
Adoption agencies conduct a rather extensive examination of people who wish to adopt, to ensure that they are fit to do so. Agency workers perform a "home study," going into the potential parents' home to investigate that it is an appropriate place for a child. The home study also includes an interview, the purpose of which is to ascertain whether the potential parents are ready for the responsibilities of parenting. Some of the issues covered in the home study include:
- Is the house clean and safe?
- Is there room for the child?
- How long have the applicants been married?
- Are both people eager to adopt?
- Do the applicants have any experience with children?
- Can they afford to have the child?
- Will one parent stay home with the child or will they use day care?
Finalizing the Adoption
Once the applicants have been approved to be adoptive parents and to adopt a particular child, the child is placed in the home on a tentative basis. This probationary period, which lasts six months, is designed to make sure that the placement is appropriate and that the new relationship will be successful. If problems arise, or if the parents change their minds about adopting, the adoption agency removes the child from the home and seeks a new home for the child.
If the tentative placement is successful, a court enters a final adoption order. At this point, the new birth certificate is issued, and the legal rights and responsibilities of parenting go into effect. A final order of adoption is--as its sounds--final. It may not be challenged by the birth parents or other parties (although the adoptive parents' fitness, if it became an issue, could be challenged in a separate court proceeding).
Intercountry Adoptions
As noted earlier, adopting a child from another country is regulated not only by Illinois law but by federal law, as well. The INS determines, according to its guidelines, whether a person or couple is qualified to adopt, approves the child for adoption based on a number of factors, including country of origin and level of health, and requires that all requisites for immigration to the United States be met. Although it is possible to adopt a child from another country independently, it is much better to go through an agency. Private agencies (public agencies do not facilitate intercountry adoptions) are experienced in avoiding the special problems that can arise when attempting to adopt in another country.
Intercountry adoptions can be quite a bit more expensive than domestic adoptions. In addition to travel expenses, INS fees, and fees for additional documentation, agency fees usually are higher, as are foreign court fees. Many people work with a foreign agency, as well, which is an additional expense. Intercountry adoptions also can be more difficult. The waiting period both before and after the adoptive parents qualify is longer, and there is more risk of medical and social factors becoming problematic.
All of this said, however, intercountry adoption is a perfect option for many people. Some people prefer to adopt a healthy infant, which is much more of a possibility because waiting lists in the United States are quite long. Finally, many of the procedures for adopting a child from another country--such as home studies, investigations of the birth and adoptive parents, forms, fees, and court petitions--are not much different than the procedures required in any adoption.
Other Adoption Services
Counseling frequently is offered to support birth parents through the decision to place their child for adoption. Larger agencies may even have counseling for relatives of birth parents who have decided not to raise a child themselves. Many agencies provide classes about adopting, which are designed to educate people about adoption laws and procedures. Some classes are tailored specifically to the parents' or child's situation; information about parenting a child of a different race, a child who is HIV-positive, or a child who has been abused may be available, for example. Other classes may function almost like support groups, in which people wishing to adopt exchange information and experiences. Some agencies provide classes, counseling, or even financial assistance for adoptive parents after the home placement, or even after the adoption is final.
Private and public adoption agencies and support groups in Illinois are too numerous to list here. Contact one of the agencies below for agency and resource information.
Resources
The Adoption Information Center of Illinois, 188 Randolph Street West, #600, Chicago, IL 60606, phone: (312) 346-1516 or toll-free: (800) 572-2390, is the location for the state adoption exchange and photo listing.
The Illinois Department of Public Health, Office of Vital Records, 605 Jefferson Street West, Springfield, IL 62702-5097, phone: (217) 782-6553, is the repository for Illinois birth, divorce, death, and marriage records.
To order a free pamphlet entitled Adoption, contact the Illinois State Bar Association, Illinois Bar Center, Springfield, IL 62701-1779, phone: (217) 525-1760.
The National Adoption Information Clearinghouse was established by Congress as an information center for consumers, professionals, and the general public. It is funded by the United States Department of Health and Human Services. While it does not provide information on or assist in specific adoptions, nor provide counseling, it does make referrals and publish numerous fact sheets and directories. For general information, to obtain free publications such as Adoption: Where Do I Start?; Intercountry Adoption; or Open Adoption; or to purchase the National Adoption Directory (a listing by state of all adoption agencies), contact the National Adoption Information Clearinghouse, 5640 Nicholson Lane, #300, Rockville, MD 20852, phone: (301) 231-6512.