September 3, 2007

State Adoption Laws: Illinois

Taken from
The Complete Adoption Book by Laura Beauvais-Godwin (pp. 420-421).

TheCompleteAdoptionBookCan an attorney serve as an intermediary?
Many attorneys do, but technically they should not.

Is advertising permitted?
Technically it is not permitted, but it is done extensively.

Who must consent to the adoption?
1. The birth mother.
2. The birth father, if married to the birth mother, or if the child was born out of wedlock and he has lived with the child for six months and has openly stated that he is the child's father, or has maintained substantial and continuous contact with the child during a six-month period of the prior year; if the child is placed less than six months after the birth and the birth father has held himself out as the birth father within thirty days of birth and has likely paid or made good faith effort to pay for the expenses of birth and further financial support of the child within thirty days of birth; if he has registered with the putative father registry and commenced a paternity action within thirty days of birth or within ten days of it being possible to register in cases where the birth father can show that he could not register through no fault of his own.

When can consent be taken from the birth mother (father), and how long after the consent is signed can it be revoked?
Consent cannot be given until seventy-two hours after the child's birth. However, the birth father's consent can be given before the birth, and he can revoke his consent within seventy-two hours of the birth if he notifies the representative to whom he had given consent. Rights are terminated via written consents taken in the presence of a notary public or, preferably, in the presence of a judge. Consent is irrevocable.

The consent must include confirmation that three hours of counseling were offered to the birth parents.

What are the birth father's rights?
Illinois has a putative father registry, and a birth father (generally) must register within thirty-days of birth and initiate a parentage action. He can also establish his rights by marrying the birth mother, holding himself out as the birth father, and by having substantial contact with the birth mother, and by paying for expenses and support.

What fees can adoptive parents pay?
Adoptive parents can pay reasonable living expenses, legal expenses, and medical expenses, as needed. No fees can be paid for placing a child.

Where does the adoption hearing take place?
The hearing may take place in the country where the adoptive parents reside, where the birth parents reside, where the baby was born, or where the child placement agency is located.

Can a nonresident finalize an adoption in this state?
Yes, but only if the child is placed by an agency; otherwise, adoptive parents must have lived in the state for six months.

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  1. [...] Taken from The Complete Adoption Book by Laura Beauvais-Godwin (pp. 420-421). Can an attorney serve as an intermediary? Many attorneys do, but technically they should not. Is advertising permitted? Technically it is not permitted, … …more [...]

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