Can I Adopt My Stepchild in Illinois?

 Posted on November 14, 2024 in Adoption

Contrary to the evil depictions they have gotten in many books and movies, stepparents often fill a special, loving role in a child’s life. A deeply caring relationship is not only possible for people who are related by blood. If your spouse had a child when you got married, there is a good chance you have spent a lot of time together and grown to feel like a family.

Adopting a stepchild can be an incredible step to take, but the process can be full of challenges. If you are interested in exploring stepchild adoption, a seasoned Chicago, IL family law attorney can answer your questions and offer useful advice.

When Can a Stepparent Adopt?

Stepparent adoption is a unique way to become legally recognized as a child’s parent. Many of the steps required in other adoptions – including a DCFS investigation and background check – are often unnecessary. Before you can be considered, several criteria must be met, including:

• The child’s other parent no longer has parental rights.

• Teenagers who are at least 14 years old need to agree to the adoption.

• The stepparent must be legally married to the child’s parent.

The first point listed above is crucial. Children can only have two legal parents, so if the other parent is still alive, he or she needs to have their parental rights terminated or terminate them voluntarily. Otherwise, you can not proceed.

Why Would Parental Rights Be Terminated?

As with all matters relating to children, decisions about parental rights are made with a focus on whatever is deemed in the child’s best interest. If your child’s other parent is still considered the legal parent, but you are concerned for the child’s safety, you could petition a court to terminate his or her parental rights.

Illinois courts generally prefer letting a child have a meaningful relationship with both biological parents when they are living. Therefore, before terminating a parent’s rights, the court will consider several aspects to determine whether the parent is unfit. Among other things, the court will examine whether the parent:

• Abused the child emotionally, physically, or sexually

• Suffers from an addiction or substance abuse problem

• Suffers from severe mental illness

• Abandoned the child

• Neglected the child

• Shows interest in the child’s well-being

• Has a criminal record with certain convictions

Why Bother With Stepparent Adoption if I Am Already Involved in the Child’s Life?

Adopting your stepchild and legally being recognized as the parent can be a powerful, heartwarming step for you and your entire family. It can also provide the child with an incredible sense of emotional security.

Additionally, once you legally adopt your stepchild, you will have legal rights and responsibilities. You can make important decisions that impact your child, including decisions about their education, healthcare, and upbringing. You will be a legal parent and guardian, and that status will not change even if you eventually divorce the child’s biological parent. It also means that the child will have access to benefits they might not otherwise have, like health insurance and inheritance rights.

Contact a Cook County, IL Stepparent Adoption Lawyer

If you want to adopt your stepchild, contact an experienced Chicago, IL, family law attorney to understand the complexities involved in the process. At The Law Offices of Curtis Bennett Ross, L.L.C., we are dedicated to helping families overcome challenges and create a path toward a better future. Call us at 312-984-1514 to schedule a private consultation.