How Do I Adopt My Stepchild in Illinois?

 Posted on October 09, 2025 in Adoption

A stepparent adoption in Illinois gives you the same legal rights and responsibilities as a biological parent. It is also one of the most meaningful steps you can take for your family. It strengthens bonds and gives you the comfort of legal protection. With help from our Kane County, IL adoption lawyers, you will understand every step of the process.

When Can a Stepparent Legally Adopt in Illinois?

Under the Illinois Adoption Act, a stepparent can adopt a child if certain conditions are met. You must be married to one of the child’s biological parents, and that parent must have full or shared custody of the child. The child must also have lived in your home for a period of time, showing that you have a stable family relationship.

The other biological parent must also give up their parental rights or have them legally terminated. If they passed away or abandoned the child, the adoption process is easier.

What Happens if the Other Parent Will Not Consent to a Stepparent Adoption?

If the non-custodial parent is alive, the court typically requires them to give written consent to the adoption. If they refuse or cannot be found, whether they are "fit" to parent may come into question.

A parent may be found unfit for several reasons. For example, abandoning a child or failing to support might indicate that a parent is unfit. If the court reaches that conclusion, it can terminate that parent’s rights. Then, you, as the stepparent, can step in to adopt. These cases can be emotional and complex, so having an attorney who understands the process is invaluable.

Steps in the Illinois Stepparent Adoption Process

Every county follows a similar process for stepparent adoptions:

• File a petition: You or your attorney will submit a written request to the circuit court, usually in the county where the child lives.

• Notify the other parent: The noncustodial parent must be officially informed about the petition unless their rights have already been terminated.

• Obtain consent or termination: If the parent agrees, the process moves forward. If not, the court may hold a termination hearing under 705 ILCS 405/2-29..

• Get a background check: In some cases, the court may request a short investigation or background check to confirm that the adoption will benefit the child.

• Attend the final hearing: You and your spouse appear before the judge. The judge reviews your petition and may finalize the adoption if all requirements are met.

Once the adoption is complete, a new birth certificate is issued with your name. From that point on, you have full legal parental rights and responsibilities.

How Long Does a Stepparent Adoption Take in Illinois?

The timeline for a stepparent adoption depends on the case. If the other parent consents and all paperwork is correct, the process can take just a few months. If the parent contests the adoption or if a termination hearing is needed, it can take longer.

Delays often happen when documents are incomplete or when extra court steps are required. A knowledgeable attorney can help prevent these problems. We will ensure all paperwork is accurate and meets every deadline.

Contact an Experienced Geneva, IL Adoption Attorney Today

At The Law Offices of Douglas B. Warlick & Associates, our Kane County, IL adoption lawyers offer a boutique firm experience with personal attention and trusted guidance. Attorney Warlick, a respected attorney with over 35 years of experience, is known for his integrity, professionalism, and strong reputation in local courts.

Our training in collaborative law compels us to seek cooperative solutions. However, we are fully prepared to go to court when needed. Contact us today at 630-232-9700 to schedule a consultation.