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Can Co-Parents Adopt A Child in DuPage County?

Posted on in Family Law

Wheaton Adoption LawyerDeciding to adopt is a serious matter and can be complex depending on your situation. Adopting a child can also be one of the most rewarding experiences of your life! Since 2000, our team at Goosetree Law Group has helped families through the process of different types of adoption in Illinois, including co-parent adoption

What is Co-Parent Adoption?

Co-parent adoption is when one biological parent of a child agrees to let another person legally adopt the child. This type of adoption is most common in cases of third-party reproduction, in which a couple uses someone other than themselves to create and bring a child into the world. If one member of the couple is the biological parent but the other is not, they can use co-parent adoption to make the other person a legal parent as well. This is also a common scenario for same-sex couples and couples who use surrogacy or donor conception.

Co-parent adoption has a similar process as other Illinois adoptions. In order to adopt, the parent wishing to adopt must file a court petition and may have to make one or more appearances in court as well. The court will, in some cases, order a social worker to visit the family's home to ensure that the home is suitable for children. 

Are Background Checks Required for Co-Parent Adoptions in Illinois?

In general, in order to successfully petition for the adoption of a child who is not related to the petitioner, an individual must submit to an investigation. Some potential background check procedures include:

  • An investigation by a Department of Children and Family Services-approved child welfare agency

  • An investigation by a court-appointed representative, such as a guardian ad litem

  • If the petitioner is unable to pay for the investigation or if it is determined by the court that no child welfare agency is available, the Department of Children and Family Services will be contacted.

A criminal background check based on fingerprints will be conducted by the Illinois State Police and the Federal Bureau of Investigation as part of the investigation. This can be waived in some cases if the adoption is a related adoption. Other types of adoption may have additional requirements.

Contact a DuPage County Adoption Attorney

Contact a Wheaton adoption attorney today if you want guidance on complex adoption law. The lawyers at Goostree Law Group are experienced in adoption, including stepparent, co-parent, related, agency, and independent adoption cases. Call 630-364-4046 for a confidential consultation to learn more about your options. 

 

Source: 

https://www.ilga.gov/legislation/ilcs/documents/075000500K6.htm

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