Child Adoption Attorneys serving Cook, Lake and McHenry Counties in Illinois.
An adoption is a happy time for the adoptive child, the adoptive parents and the attorney who represents them. The process of adoption is a complex and time consuming process which we at Bush & Heise would be pleased to help you through. There is no question that the successful completion of the adoption is well worth the effort.
The adoptive parents adopt from the birth parents, either directly or through a public or private adoption agency. Some families adopt after providing foster care for the child. Adoptions may be open or closed. In a closed adoption, the birth parents and adoptive parents do not know one another. In an open adoption, personal details may be exchanged and the biological parents may remain in contact with the child even following the adoption.
This is the most common form of adoption in the State of Illinois. When the stepparent willingly and legally agrees to accept responsibility for the child of their spouse, a stepparent adoption can take place. A background check of the prospective stepparent is required, the biological parent must be notified of the adoption and any objections on the part of the biological parent must be addressed. If the biological parent withholds his approval, the court must terminate their parental rights in order for the adoption to proceed.
When one partner in a same-sex marriage wants to adopt the child of the other, a co-parent adoption may be appropriate. This type of adoption allows the non-birth parent the right to make decisions pertaining to the child’s school, medical care and religious
upbringing, and to allow the adoptive parent to have all of the rights of a biological parent. A coparent adoption gives the non-birth parent certain rights as a parent should the marriage end in divorce.
Many blended families consider this type of adoption in order for stepchildren to receive inheritance from a stepparent or to share a last name. The benefits of adult adoption provide an easier route for families to pass down property and assets to their children who are above the age of 18. Adult adoptions may also provide for care of another adult
with special needs, as an adult adoption passes down the supervision and care of a physically or mentally incapacitated person.
Grandparent or Relative Adoption
Adoption by family members to legally take on the responsibilities of raising a related child and may be necessary when a birth parent dies, becomes incapacitated, or in any other circumstances where the birth parent is unable to care for the child.
Adoptive parents who want to choose their child’s gender or race, want to adopt more than one child, or already have biological children and want to add a child to their family can decide to seek children from foreign nations. The parents must meet the requirements of the child’s native country. Most international adoptions happen within a set time period and so long as the requirements are met, the adoption is virtually guaranteed.
While most adoptions are uncontested, in some cases the adoption proceedings can be controversial. If the natural parent does not agree with having his/her parental rights terminated, the adoption may be contested. Sometimes a natural parent’s family member may contest the adoption of the child by another family member or to a non-relative family. If a contest occurs, you likely have to undergo a two-step trial. The first step is terminating the rights of one or both biological parents. The second step is determining the fitness of the adopting parents to adopt the child. The court will ultimately be charged with making the decision regarding the adoption.