Many would-be parents on the cusp of deciding whether to adopt a child wonder if they need to consult an attorney for adoption in Illinois. It is recommended to seek counsel from a lawyer once a decision to adopt is made. We will review some key pieces of information to know if you are considering an adoption or have decided to adopt a child. Continue reading to learn more about the process and how consulting with an attorney for adoption in Illinois will help you along the way.
Adoption is the legal process which creates a new family relationship between the child being adopted and the adoptive parents. Upon completion of the adoption procedures, the adoptive parents gain the same responsibilities, duties, and rights to the child as the birth parents would have had.
There are some general rules that apply to adoption procedures. Consequently, it is important to consult with an attorney for adoption in Illinois. He or she can explain the rules, the process, necessary paperwork, and court appearance procedures. For instance, a single or divorced person or a couple, whether same sex, unmarried, or married, can adopt a child. However, both parties must join the adoption petition if they are married unless they have been separated for more than a year. Also, a child over 14 years of age must agree to the petition for adoption.
Adoptions in Illinois are regulated by the Illinois Adoption Act. It is an act that explains the procedures which must be followed. Plus, it outlines the rights of all parties involved in the adoption process. The key to successful adoption is following the law outlined in this important piece of legislation.
As a result, it is important to consult with an attorney for adoption in Illinois. He or she can prepare the legal documents required and represent you in court proceedings. In most cases, the adoption requires that the parent or parents requesting the adoption and the child or children to be adopted appear in court before a judge at one time. This usually occurs when the Petition for Adoption is filed with the court.
During the court appearance, the judge will determine whether all the requirements for the adoption are in order. If all requirements are met, the judge will enter an interim order of custody in favor of the adoptive parents. When the adoption is ready for finalization, the lawyer will present prepared legal documents to the judge, who will then enter a judgment for the adoption. Usually, this will not require the presence of either the adoptive parents or the child or children being adopted. As you can see, that is why it is a good idea to consult with an attorney for adoption in Illinois. He or she can ensure that you fulfill all the requirements to prevent any problems along the way during the adoption process.
Upon the finalization of the adoption, the state of Illinois will issue a new birth certificate for the adopted child. It will list the adoptive parents as if they were the parents at the time of the child’s birth. Then, the original birth certificate for the child will be placed in a sealed file.
Related adoptions occur when one or more of the adoptive parents is a blood relative or a relative by marriage to the child being adopted. For instance, there are occasions when the birth parents are divorced from each other and get remarried. In the most common scenario, the birth mother of the child wishes for her new husband to legally adopt her child. For this sort of adoption, the birth father either
There are also other common kinds of related adoptions. Some examples include adoptions by uncles and aunts, grandparents, or brothers and sisters. This sort of adoption will not require the use of an adoption agency.
The state of Illinois licenses adoption agencies, granting them authority to place children for adoption by parents who have gained licenses to be foster parents. During this process, the agency will interview prospective parents and perform an inspection of their home before placing a child or children in their care. Applicants do not need to own a large home or come from wealth to be considered. The most important considerations are the love and commitment shown by the applicants during this process.
When birth parents place a child for adoption with an agency, they must sign a legal document that surrenders rights to the child to the agency. This allows the agency to place the child in the home of the adoptive parents. That legal surrender document ends the parent’s legal relationship with that child. If only one birth parent signs surrender paperwork, then a judge must rule that the other birth parent is unfit for their legal relationship rights to be terminated.
After those conditions are met, the child will be placed by the agency with adoptive parents who can then file their Petition for Adoption. They will need to go before a judge for this part of the process. So, it is usually a good idea to consult with an attorney for adoption in Illinois. They can represent you in court. Before the adoption is finalized, the child is typically in the home of the adoptive parents for at least a 6-month period. This will help the agency ensure the new relationship between the adoptive parents and the child is successful. If it is not, the agency can make an adjustment and create a new adoption plan for the child.
Foreign adoptions are growing in popularity in recent years. Typically, an agency can arrange an adoption in the home country of the child being adopted. Most commonly, the adoptive parents will be required to travel to that country. This will allow the adoptive parents to finalize the adoption. They also will arrange for travel for the child being adopted.
After the child is brought to Illinois, the adoptive parents and child will undergo another adoption process in Illinois. This will also require an agency to inspect the home of the adoptive parents. That is to ensure there is acceptable accommodation. These sorts of adoptions often require consulting with an attorney for adoption in Illinois.
International adoptions frequently require complex processes. This is the case because foreign adoption laws frequently change. An attorney can help you navigate the ever-changing world of foreign adoption laws to ensure you meet all the requirements in the child’s home country. Then, he or she can help you complete the process with an adoption under Illinois state law.
Brave Law Center, P.C. can provide you with an experienced attorney for adoption in Illinois. Our firm practices in family law cases throughout Central Illinois. We servce clients in Peoria IL, East Peoria IL, Washington IL, Morton IL, Pekin IL, Canton IL, Lewistown IL, Eureka IL, and Dunlap IL. We can provide counsel and represent you on adoption cases as well as divorces, parenting time, child support, and other family law matters.
Contact us today to request a reservation to discuss your adoption case. In addition, you can also call our nearby offices to request a reservation. So, call 309-685-7900 to reach our office in Peoria for cases in Peoria IL, East Peoria IL, Washington IL, Morton IL, Dunlap IL, and Pekin IL. Or call our Lewistown office at 309-547-3516 for cases in Canton IL and Lewistown IL. Our office hours are Monday – Friday – 8:30 a.m. to noon. We are then closed for 1 hour lunch. Then, we open again from 1:00 p.m. to 4:30 p.m.
330 NE Perry Ave., Peoria IL 61603
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