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Kane County family law attorneyWhile many parents would like to be able to simply end their ex’s right to be in their children’s lives, it is not possible in Illinois to do so unilaterally. Terminating a parent’s rights in Illinois is a process that requires the involvement of both parents in most cases, and in some situations, it can get extraordinarily complex. It is imperative, for the sake of your children, to ensure you understand the process before trying to assert your parental rights over those of their current caregivers.

When Can Rights Be Terminated?

In Illinois, there are very limited occasions on which a parent’s rights may be terminated. According to current law, there are only two: either in a case under the Adoption Act or in a juvenile court case. This may seem extreme, but Illinois legislators and courts have been firm in asserting that children benefit more from having both parents in their lives, unless the parent has been convicted of offenses that would signify their posing a danger to the child in question.

Posted on in Adoption

Kane County adoption lawyersSometimes, adoptions are able to remain in the family. If a parent wants to surrender his or her parental rights, it is becoming more and more common for family members to adopt nieces, nephews or other children of relatives, instead of going through the entire foster process. The process is much the same as it would be in adopting an unrelated child, but there are feelings and relationships that must be considered where such things might not exist in an adoption involving strangers.

The Issue of Parental Rights

What many prospective parents forget is that both parents must consent to abrogation of their parental rights, not just one. Even if the biological mother or father is not involved in their children’s lives, they must voluntarily surrender their parental rights in order for the adoption to go forward, or they must be shown to be unreachable. Illinois law states that a parent abrogates parental rights if they cannot be located after appropriate due diligence, including publication in newspapers and other methods.

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