What are the Five Different Types of Adoption Available to Illinois Parents? 

 Posted on October 05, 2026 in Family Law

Illinois couples and individuals considering adoption have many things to think about. How long will the process take? Which type of adoption is right for us? How will life change after the adoption is complete and a new child comes into our lives? In addition to other challenges potential adoptive families may face, the odds can seem overwhelming.

There is no one right path to adopt a child. Each option has benefits and drawbacks, and it is important to discuss your situation with a qualified DuPage County, Illinois adoption attorney who can help you decide which type of adoption is right for you. At The Stogsdill Law Firm, P.C., our attorneys have over 100 years of total experience, and we are here to serve as your guide and legal advocate in your adoption journey.

What Types of Adoption Can Families Pursue in 2026?

No two family situations are exactly alike. Some families adopt a child they already know well. Others are matched with a child they have never met. A family's path may also change based on the child's age and where the child lives. Learning about each option early on can help families make a clear plan.

Private Adoption

Parents hoping to adopt using a private adoption work directly with the child's biological family – usually a young, single mother – and adoptions usually take place immediately after birth. Private adoption is usually the best option for parents hoping to adopt an infant. However, private adoption can also leave prospective parents vulnerable to risks like the mother changing her mind.

Agency Adoption

Agency adoptions are adoptions managed by a licensed private or public adoption agency. Children adopted through agencies have already been surrendered by their parents or have been removed from their parents' custody by the state. The Department of Children and Family Services (DCFS) is the primary adoption organization in Illinois. DCFS oversees all overseas and out-of-state adoptions. Children adopted through agencies are often older, already in the foster system, or have behavioral or medical challenges.

Related Adoption

Related adoptions occur when a child is adopted by someone already related to them by blood or marriage. Stepparent adoptions are one common type of related adoption, but children are also frequently adopted by grandparents, an aunt or uncle, or an older sibling. Related adoptions may take place after a child's parents have died or become unfit to parent due to substance abuse, imprisonment, or serious mental health issues.

Adult Adoption

Although adult adoption is less common, it can be a wonderful way to create a legal reality that mirrors the close bond between a caregiving parent and their adult child. Adult adoption can take place when the child is at least 18 years old and consents to the adoption. No consent is required from the biological parents of adult adoptees. Generally, the adoptive parents of an adult child must show the court why the adoption would benefit both parties.

Standby Adoption

Standby adoptions can be completed only after a certain event happens. For example, if a parent is terminally ill and wishes to ensure a particular adult will care for their child after his or her death, a standby adoption may be the best option. Standby adoptions typically become final after the biological parent has died.

What Are the Basic Requirements to Adopt in Illinois?

Illinois law sets out who is allowed to adopt a child under 750 ILCS 50/2. In general, the person must be a reputable adult over the age of 18, though the court can allow minors to adopt in some cases. The person must also be under no legal disability. A legal disability refers to a person who cannot manage his or her own affairs due to being physically incapable or because of mental illness. The definition of "legal disability" also extends to people with gambling addictions, substance abuse problems, or similar issues who put their own estates at risk.

Most adopting parents must have lived in Illinois for at least six months in a row before filing. Members of the armed forces must have lived in Illinois for at least 90 days. These residency rules do not apply when the child is related to the adopting parent or when an agency places the child.

Married people usually must adopt together with their spouse. An exception may apply if the couple has lived apart for at least 12 months. Single adults can also adopt in Illinois. A home study is often part of the process as well. During a home study, a licensed worker visits the home and reviews the family's background.

What Common Challenges Do Adopting Parents Face?

Adopting parents often face challenges that are both legal and emotional. Cost is a common concern. Agency fees, court costs, and home study fees can add up quickly. Wait times can also be arduous, as some families wait months or even years to be matched with a child.

Consent problems can slow a case down. A birth parent may change their mind before signing. In Illinois, a birth parent cannot sign a final consent until at least 72 hours after the child is born. Finding a birth father can also take time when he has not been involved in the child's life. He often must receive notice before the case can move forward.

Paperwork is another hurdle. Missing forms or small errors can push back a court date. Families who adopt a child from another state may need to follow the rules of both states. Careful planning helps reduce these setbacks.

Is Termination of Parental Rights Required in Every Adoption?

Termination of parental rights is needed in most adoptions, but how it happens can vary. Before a new parent can adopt, the rights of at least one existing legal parent usually must end.

Parental rights can end in a few ways. A birth parent may give consent or sign a surrender. If a parent does not agree, the court may end his or her rights after finding him or her unfit. Grounds for unfitness can include abandonment, neglect, or failing to show interest in the child.

Some cases work differently. When a stepparent adopts, the parent who is married to the stepparent keeps all of his or her rights. Only the other birth parent's rights end. If a parent has died, there are no rights left to terminate for that parent.

Work with a DuPage County, IL Family Law Attorney

At The Stogsdill Law Firm, P.C., we know how difficult and stressful the adoption process can be. That is why we work hard to make the experience easier for you. Our compassionate and skilled Wheaton, IL adoption lawyers manage the legal process so you can focus on growing your family and taking care of the ones you love most. Call us today at 630-462-9500 to schedule a confidential consultation.