Choosing to adopt a child can be a wonderful, life-changing decision. However, the adoption process can be full of legal complications and potential pitfalls. If you are considering adoption, it is important to educate yourself about the obstacles that you may encounter. It is also important to work with an adoption attorney who has experience successfully addressing these issues.

Relative Adoptions

One of the most common types of adoption in Illinois is relative adoption. Adopting a stepchild or other relative is often more straightforward than other types of adoption, but it can also involve many legal challenges. A child can only have two parents, so in some cases, the child’s biological parent or parents may need to relinquish their parental rights before the adoption can occur. However, many parents are unwilling to do so, or they may choose to contest the adoption in court. If parents do not voluntarily relinquish their parental rights, they may lose their parental rights after being deemed “unfit” by the court. Neglect, abuse, abandonment, severe drug addiction, and other issues that may lead a court to terminate a parent’s parental rights.

Private Adoptions

In a private adoption, the adoptive parents adopt a child directly from the biological parents. In most cases, no adoption agencies or outside organizations are involved. Unfortunately, private adoption scams and fraud are not uncommon. Birth mothers may misrepresent themselves, take money from adoptive parents with no intention of ever following through with the adoption, or even pretend to be pregnant for financial gain. Birth mothers may also change their minds about the adoption after giving birth. It is absolutely essential to work with an adoption attorney if you plan to pursue a private adoption.

Deciding to adopt a child is undoubtedly one of the most consequential decisions you will ever make. Whether you are thinking about adoption because of fertility issues, a desire to formally adopt your stepchild, or any other reason, you probably have many questions. The adoption process varies significantly depending on the type of adoption and the circumstances of the case, but there are a few basic steps that are almost always involved in an Illinois adoption.

Avenues for Adopting a Child

One of the most common types of adoption is a relative adoption, such as a stepparent adoption or grandparent adoption. A child can only have two legal parents. If you wish to adopt a child related to you, you may need to first get consent from the child’s biological parent(s). One or both parents may need to voluntarily terminate their parental rights before you can adopt the child. A biological parent's rights may be involuntarily terminated by the court if the parent has abandoned, neglected, abused, or consistently failed to show any interest in the child. 

An agency adoption involves adopting a child from a private or public adoption agency after the birth parents gave the child up for adoption or had their parental rights terminated. A private adoption involves adopting a child directly from the birth mother. Legal guidance from an adoption attorney is recommended for any type of adoption. However, it is especially crucial to get reliable legal support when pursuing a private adoption.

Adoption is a beautiful gift that allows a child to have the safe, loving family he or she deserves. If you and your family are considering adopting a child, you likely have a myriad of questions about the process. One issue you may be thinking about is whether or not to have an open adoption. In an open adoption, the adopted child’s biological parent(s) continue to have contact with the child. The communication between the biological parents and the child may involve anything from a few letters or emails a year to frequent in-person contact.

Advantages and Disadvantages of an Open Adoption

In a closed adoption, the biological parents do not communicate with their child or the adoptive parents once the adoption is finalized. In an open adoption, the biological parents continue to have some degree of contact with the child. There are certainly benefits to open adoption. The child may feel more secure and have a better sense of identity. The adoptive parents can benefit from the biological parents’ support and friendship as well as the ability to ask the biological parents questions about their family medical history. However, having an open adoption can also be tricky to navigate. The biological parents and adoptive parents may not see eye to eye about the child’s education, extracurricular activities, religion, or overall upbringing. Honest communication and firm boundaries are the keys to successful open adoption.

The Child’s Best Interests Must Come First

There are many different reasons why a child may be placed for adoption. In some cases, the child’s biological parents realize that they are incapable of adequately caring for the child. Other times, the child is removed from the home because the parents were abusive, neglectful, suffered from substance abuse addiction, or were otherwise a risk of harm to the child. The most important factor to consider when deciding the level of involvement the biological parents should have in the child’s life is the child’s best interests. If the child’s mental or physical well-being could be harmed by spending time with his or her biological parents, it may be best to limit the biological parents’ degree of participation in his or her life.

When a mother gives birth to a child, she automatically receives legal privileges and responsibilities referred to as “parental rights.” If the mother is married, her husband is presumed to be the baby’s father and therefore he gains parental rights as well. Unmarried fathers can establish paternity and obtain parental rights by signing a Voluntary Acknowledgement of Paternity (VAP). However, there are some circumstances in which a parent may wish to give up his or her parental rights. Often, a parent seeks to terminate his or her parental rights so the child can be adopted.  

Voluntarily Giving Up Your Parenting Rights

Parental rights include the right to parenting time, the right to object to the child being placed for adoption, and much more. However, being a child’s legal parent may also incur certain responsibilities such as a child support obligation. Children can only have two legal parents. If a stepparent wishes to adopt his or her stepchild, the other parent may need to terminate his or her parental rights. The court also has the authority to terminate a parent’s rights against his or her will in situations involving abandonment, abuse, or other issues that endanger the child. 

In Illinois, divorcing couples with children and unmarried parents who do not live together are asked to create a “parenting plan” that addresses the allocation of parental responsibilities (child custody) and other issues related to the couple’s children. This plan will describe each parent’s rights and responsibilities and include information about how parenting time, sometimes referred to as visitation, will be divided between the two parents. The parents may decide on the terms of their parenting plan through negotiation, mediation, or collaborative law. If parents cannot reach an agreement about one or more terms, the court will order a plan that is based on the child’s best interests. Whether a parenting plan is the result of an agreement between the spouses or an allocation judgment handed down by the court, parents are expected to follow the plan.

Parents Must Comply With the Terms of the Parenting Plan

Parenting plans typically involve a number of different provisions, including those describing each parent’s responsibilities and the time that each parent will spend with the child. The plan may also include information about the child’s education, extracurricular activities, healthcare, religious or cultural upbringing, and how the child will be transported between the parents’ homes. 

One of the most common ways that parents may violate the terms of their parenting plan is by deviating from the parenting time schedule. Understandably, parents may sometimes need to make minor changes to their schedules to account for illnesses, unexpected work obligations, or other special circumstances. However, if a parent consistently fails to fulfill his or her parenting time obligations or refuses to allow the other parent to enjoy his or her parenting time, legal action may be necessary to enforce the terms of the parenting plan.