How Can I Adopt My Grandchild in Illinois? 

 Posted on October 30, 2025 in Family Law

Across Illinois, many grandparents are full-time caregivers for their grandchildren. According to the Illinois Department of Children and Family Services (DCFS), approximately 100,000 grandparents in the state are raising grandchildren in their homes. While some grandparents never adopt, others decide that an adoption is the best thing to do for the child.

If you are a grandparent caring for your grandchild, you may be wondering how adoption works and whether it is the right choice for your family. At The Stogsdill Law Firm, P.C., our Wheaton, IL grandparent adoption lawyers have experience with this tricky area of Illinois law and are ready to help.

When Can a Grandparent Adopt Their Grandchild?

Illinois law recognizes that grandparents often provide safe, loving homes when parents cannot. However, adoption is a major legal change. It permanently transfers all parental rights and responsibilities from the biological parents to the adoptive grandparents.

Under the Illinois Adoption Act (750 ILCS 50/), a child can generally only be adopted in two situations. Either both parents have consented to the adoption, or they have had their parental rights terminated by a court. The court must believe that adoption is in the child’s best interests before it can be finalized.

In addition, one or more of the following conditions must apply:

• Death of a parent: One or both biological parents have passed away.

• Incarceration: A parent is in prison for a long period and cannot care for the child.

• Substance abuse or mental illness: The parent is unable to provide a safe and stable environment.

• Abandonment: The parent has not maintained contact or provided support for the child.

• Voluntary surrender: The parent agrees to give up their parental rights.

• Termination of parental rights: A court finds that the parent is unfit and permanently removes their rights.

A grandparent cannot adopt a grandchild simply because they want custody or believe they could provide better care, even if this is true. There must be a legal basis.

What Rights Does Adoption Provide to Grandparents?

Once the adoption is finalized, the grandparent becomes the child’s legal parent in every sense. This means they gain all the same rights and responsibilities as a biological parent. They can make decisions about the child’s education, health care, and religion. They have the ability to add the child to health insurance or other benefits. They also must support the child financially.

Once adoption is complete, the biological parents lose all legal rights to the child, including visitation and inheritance rights. The child’s birth certificate is updated to list the adoptive grandparents as the legal parents.

How Does a Grandparent Begin the Adoption Process?

The first step is filing a Petition for Adoption in the circuit court of the county where you and the child live. If you live in Wheaton or the surrounding area, this will typically be filed in the DuPage County Circuit Court.

The petition must include information about you, the child, and the biological parents. It also must explain the circumstances that make adoption necessary and confirm that adopting the child serves their best interests.

After the petition is filed, the process generally includes several key stages.

Parental Consent or Termination of Parental Rights

If the biological parents are still living and have not had their rights terminated, the court will need to determine whether they consent to the adoption. If they do not, the court may hold hearings to decide whether they are unfit under Illinois law.

Home Study and Background Checks

In most cases, a home study will be required. A caseworker or guardian ad litem will visit your home to ensure it is safe and suitable for the child. You may also need to complete fingerprinting and background checks through the Illinois Department of Children and Family Services.

Court Hearings and Judicial Review

The court will hold one or more hearings to review your petition. During these hearings, the judge will ask questions about your relationship with the child and your plan for the child’s care. The guardian ad litem may present a report recommending whether the adoption should be approved.

If the court is satisfied that all requirements have been met, it will issue a Judgment of Adoption. The Illinois Department of Public Health will then issue a new birth certificate listing you as the child’s legal parent.

How Long Does the Grandparent Adoption Process Take?

Every adoption case is unique, but most take at least six months from the time the petition is filed to the final judgment. Some cases take longer, especially if there are disputes about parental rights or delays in obtaining documents and background checks.

Working with an experienced attorney can help you navigate the process more efficiently, avoid procedural mistakes, and prepare for hearings.

What Is the Difference Between Guardianship and Adoption?

Some people confuse guardianship with adoption, but they are not the same. Guardianship allows you to make decisions for a child while the parents are unable to do so, but it does not terminate parental rights. Guardianship can be temporary and may be revoked.

Adoption, on the other hand, is permanent. Once finalized, the adoptive grandparents are the child’s legal parents for all purposes, and the biological parents lose all rights and responsibilities.

Do I Need a Lawyer to Adopt My Grandchild? 

You do not legally need to have an attorney, but the process will be much easier and likely faster if you do. Adoption law in Illinois can be complicated, and every case is different. An attorney can help you file the correct paperwork, get ready for the home study, and make your case in court. They will make sure that all legal requirements under the Illinois Adoption Act are met so that your adoption cannot be challenged later.

Call a Wheaton, IL Adoption Lawyer Today

For grandparents ready to take the next step in securing their grandchild’s future, we can help. Our experienced DuPage County family lawyers understand Illinois adoption laws and work closely with grandparents for a smooth, successful process.

Adopting a grandchild is one of the most meaningful decisions you can make. It turns love and responsibility into a legal bond that provides safety and permanence for the child. Contact The Stogsdill Law Firm, P.C. at 630-462-9500 today to schedule a consultation and learn more about what we can do for you.