Private adoption is a popular method of adoption in Illinois. However, the adoption process is governed by many laws and requirements. If you’re planning to pursue private adoption in Illinois, it’s important to understand how the process works and the legal obligations you must comply with.
Types of Adoption in Illinois
As you begin researching adoption in Illinois, you’ll quickly discover there are several different forms of adoption you can choose. The most common types of adoption in Illinois include:
- Private adoption
- Agency adoption
- Foster adoption
- International adoption
Illinois law also allows the adoption of an adult as well as standby adoption, which is mostly used in cases where a parent is dying of a terminal illness.
Narrowing down the type of adoption right for you depends on your goals and preferences. If you’re hoping to adopt an infant born in the U.S. and you’re not a licensed foster parent, your two options are private adoption and agency adoption.
Understanding Private Adoption
Private adoption entails working directly with a mother or, more commonly, an expecting mother. Private adoption bypasses using an agency as a go-between. With an agency adoption, the agency connects you with the expecting mother, prepares paperwork, and conducts home visits.
Private adoptions can be more complicated, as the adoptive parents must locate a parent willing to place their child up for adoption on their own. However, private adoption offers the benefit of more privacy and not having to deal with agency oversight.
Private Adoption Legal Requirements
Under Illinois law, a person or couple wishing to go through with a private adoption must meet certain criteria. These include:
- Be over the age of 18 (in most cases)
- Not have a legal disability
- Have lived in Illinois for six months (or 90 days if in the Armed Forces)
- Undergo fingerprinting
- Pass a background check for child abuse and neglect
Although private adoption doesn’t involve the same level of oversight as agency adoption, parents who choose private adoption in Illinois are still legally required to undergo a home study after the adoption.
Downsides of Private Adoption in Illinois
Parents seeking private adoption often choose to provide financial support to the birth mother during her pregnancy. In Illinois, they must first request permission from the court to do this.
Many states, Illinois included, carefully regulate how money changes hands in the context of adoption. It’s important to follow these laws carefully. If you choose to offer financial support, this money is considered a gift and is non-refundable, meaning you can’t seek to recover it if the birth mother changes her mind or miscarries.
Whether you use an agency or opt for private adoption, the birth mother has the right to change her mind about going through with the adoption. In Illinois, the birth mother has 72 hours to overturn the adoption and regain or maintain custody of her child. If she does, any fees paid or gifted money is typically not returned.
If the child is already born and circumstances occur wherein an adoption is possible, it may be difficult to get both parents to relinquish their parental rights for the adoption to occur. This can become a contested matter.
How to Go Through With a Private Adoption in Illinois
If you want a private adoption in Illinois, the best course of action is to first consult a private adoption lawyer. Illinois has strict laws about private adoption. If you don’t know about them, it’s easy to break them, which can land you in legal trouble.
For example, paying a birth mother’s birthing and support costs without first getting court permission could be considered an instance of child trafficking, so it’s important to clearly understand your legal obligations.
The most challenging part of a private adoption is often locating the birth mother. If you’ve already achieved this, a lawyer can advise you on how to prepare for the adoption. If you haven’t located a birth mother, you may find it’s not easy in Illinois.
Unlike in other states, your adoption lawyer can’t assist with the process of finding a birth mother, and Illinois does not allow third-party adoption facilitators. You must seek a birth mother through personal ads and inquiries. If you get help, you can only use a licensed child welfare agency.
Once you’ve located a birth mother, your adoption lawyer will walk you through the legal requirements and paperwork required to make the adoption a reality.
Speak With an Illinois Private Adoption Attorney Today
Private adoption is a rewarding way to grow your family, but Illinois law doesn’t make the process easy. The best way to ensure your private adoption is legal and meets all requirements is to consult a private adoption lawyer in Illinois.
The Law Offices of Glenn & West, LLC offers support with private adoption in Litchfield, Nokomis, and the surrounding areas in Illinois. Contact our firm today to discuss how we can help with your private adoption.
