We have written with some frequency about adoption, both about the process and its benefits. This post deals with related child adoption, where the adopting parent is someone who is already related to the child, e.g. parent, grandparent, brother, sister, stepparent … etc. See 750 ILCS 50/1. This type of adoption normally arises in the context of a stepparent adopting their spouse’s child. A knowledgeable Kane County adoption attorney can help your family withe the process.

Related child adoption gives the stepparent the same legal rights as the child’s natural parents. In other words, the stepparent steps in the same shoes as the birth parent. After the related child adoption process is complete, the stepparent may make important legal decisions on behalf of the child. Related child adoption also imposes certain legal obligations on the stepparent, similar to those of a natural parent. For example, in case of a divorce, the stepparent would have the same rights and support obligations as a birth parent.

In Illinois, related child adoption usually requires the birth parent to relinquish their rights either by consent or by a judicial determination that they are unfit parents. If the birth parent consents, related child adoption is a straightforward process. Oftentimes, a birth parent will consent to the adoption because he/she does not want to be subject to state-mandated support obligations. However, the birth parent is also relinquishing any parental rights to things like visitation and custody.

Adoption is the opportunity for an individual or a couple to have a child of their own to love and take care of legally and permanently. Once that child is in their arms and surrounded with love, the bond is forever there. To be told the child is not allowed to be with you anymore because of legalities that are not your fault, ultimately breaks a family apart.

An Evanston, Illinois, couple, Jinshil and Christopher Duquet, were excited to welcome a little girl from South Korea into their family.  She arrived after what they thought was a legal procedure, only to find out when then came home that the documents were not valid. Bad legal advice from a South Korean attorney has now made this into a very sour case between the American couple and South Korean officials. The 9 month old girl, Sewah, will most likely be put into another family home in South Korea when she is returned to the country instead of an orphanage considering her birth mother and family do not want her.

It may not seem necessary to have a lawyer when trying to adopt a child but in this time in society, you are always susceptible to a scam. If a couple is looking to adopt an infant or place an infant up for adoption, they should have an attorney at their side to protect them from any possible troubles.

When a child is adopted, the parents must go through a legal process where a mother and father give up their legal rights with a child, and another person or couple is given legal rights to the child. Errors in paperwork can lead to the adoption being challenged in court, and possibly being reversed.

You should never attend an adoption meeting without an adoption attorney, because there are many people who will target susceptible couples by getting their hopes up, taking thousands of dollars, and no adoption ever takes place.

Regardless of your reasons for wanting to adopt a child, there are requirements you must meet before you are able to do so. These exist to protect the safety of the child or children, and to help find parents who will look out for the child's best interests. The Adoption Information Center for Illinois provides a general list of adoption qualifications, but your best bet is to hire an adoption attorney. Your attorney will know how to help you prepare for the legal process of adoption.

Qualifications for licensing of adoptive parents:

• You may be single, married, divorced, or separated and living away from your spouse for more than 12 months.
• You may or may not have any other children, adopted or biological.
• You must be at least 21 years old.
• You must be capable of financially managing an addition to your family, although there are no specific income requirements for adoptive families. (Financial assistance is also available to families of adoptive children older than one year old or children that have special needs of any age).
• You must have no criminal history.
• You must be willing to commit to a lifelong relationship with your adoptive child.
• You must be flexible in adjusting to new situations that may affect your life.
• You must be accepting of the child and the child’s past.
• You must be able to show affection to children of abuse and neglect.
• You must be willing to use community support such as schools and medical and mental health and recreational resources to assist the child in every way possible.

General requirements for licensing a home for adoption:

Often times, the biggest obstacle for families that adopt a child is to accept that their new child has other parents (birth parents) as well and to be able to discuss their child’s birth parents with their child. Whether or not adoptive parents are comfortable with it, their child will always have birth parents who will always be a part of his or her life.

It is very important for adoptive parents to let their children know that talking about both their adoptive family and their birth family is okay. Many children who are adopted have shared that, growing up, they did not feel that it was acceptable to openly talk about their adoption. These conversations, however, about the adoption, often bond adoptive parents and children when they take the time to discuss their feelings and thoughts about the process, and lessens the likelihood of these children growing up and feeling unable to trust others, and to have insecurities and separation from their adoptive families. It is also important for children to know about their birth parents.

Creating a positive image of the birth parents of your child is vital for adoptive parents to do, even when the real image may not be a positive one. Children who are adopted at a very young age may not completely understand adoption until they are about 7 years old. Parents should discuss the idea of adoption occasionally to help their child better understand it and so they still know about their birth parents. Creating a positive image of the birth parents will prevent the child from believing that he or she is bad because the birth parents are bad. Telling the story of the adoption, beginning with the birth parents, all the way through how the child joined the adoptive family will also help the child to understand the concept.