Geneva, IL Adoption Lawyers

Supportive Family Law Attorneys for Adoption in Geneva

Under the Illinois Adoption Act (750 ILCS 50/), adoption is a legal process by which an adult can become the legal parent of a child, thereby acquiring the rights and responsibilities of a biological parent. Adopting a child can be a positive and life-changing event. As such, it is important to ensure that you understand the legal basis for adoption in Illinois, as well as the path to becoming an adoptive parent.

At Serrano Hanson & Hurtado, LLC, we have significant experience assisting families with a variety of family law matters, including adoption. Our dedicated attorneys bring decades of combined experience handling family law cases. Whether you have questions about a private placement adoption, a related adoption, or another issue, we are here to help.

Hiring an Advocate for Your Adoption Case

In general, Illinois recognizes five different types of adoptions:

  • Private placement adoptions, in which the biological parents agree to the adoption.
  • Related adoptions, in which the party seeking to adopt the child is related to that child (stepparents are included in this category).
  • Unrelated adoptions, where the person seeking to adopt the child is not related to that child.
  • Agency placement adoptions, in which a child in the care of an adoption agency is placed for adoption.
  • Adult adoptions, in which someone who is not a biological parent adopts an adult.

Adoptions can take place in several different ways. Many adoptions are voluntary, and the child's biological parents can consent to the adoption. In certain cases, however, the court will order an adoption and will terminate the biological parents' rights.

Generally speaking, Illinois allows its residents to adopt a child as long as the person seeking to adopt meets the following conditions:

  • Is a reputable person;
  • Is at least 18 years old;
  • Has no legal disability; and
  • Has resided in Illinois for at least six months, or, if the person is a member of the armed forces, has been domiciled in Illinois for 90 days.

It is important to clarify what is intended by the rule of "no legal disability." Merely being blind or clinically depressed, which are both often thought of as disabilities, does not make you legally disabled according to Illinois law. Only a person who is not "fully able to manage his or her person or estate" will be considered to be legally disabled. As such, the courts will only consider you disabled if you cannot take care of yourself or manage your own affairs on account of a physical or mental condition. The same law also deems people who waste money on gambling, drugs, or alcohol at the expense of their families as legally disabled, disqualifying them from adoption.

If you are married and are seeking to adopt a child, Illinois law will require both you and your spouse to adopt the child. As such, your spouse must meet the same conditions for adoption. Once the adoption has been finalized, the biological parents will not retain any legal rights or responsibilities with regard to the child. An adoption means that, legally, the adoptive parents step into the shoes of biological parents, acquiring legal rights and responsibilities when it comes to the child.

Contact Our Geneva, Illinois Adoption Attorneys

Adoption cases involve many different family situations. In some cases, a married couple might seek to adopt a child they have never met. In other cases, a stepparent may seek to adopt the biological child of his or her new spouse. At Serrano Hanson & Hurtado, LLC, we understand that situations vary widely, and we know that each adoption case has its own nuances and particularities. Contact us at 630-844-8781 to learn more about how we can provide assistance in your adoption case. We serve clients in DeKalb, Kendall, DuPage, and Kane Counties.

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