Illinois Child Adoption Policy
In order to adopt a child in Illinois, or to place a child up for adoption, specific policies must be followed. Unlike certain states, both heterosexual and homosexual people are allowed to adopt, married or not, in Illinois. If a married couple opts to adopt a child, both parties must consent. Adoptions may be handled through agencies, or independent means. If a person chooses to adopt a child from a different country, that country also determines the polices that must be followed.
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The Law
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Married couples must both agree to adopt a child. In order to adopt a child in Illinois, a person must be at least 21 years old and a resident of Illinois for at least six months prior to starting the adoption proceedings. Singles, married couple, gays and lesbians all have the legal right to adopt in Illinois. If a married couple decides to adopt, both parties must consent to the adoption. If a person is in the process of adopting a child, and gets married during the process, their spouse must also agree to the adoption.
Agencies
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According to the Illinois Child Care Act, adoption agencies in Illinois must be licensed as child welfare agencies. However, there is no policy stating that a child must be adopted from an agency. Individuals can also arrange for the adoption by dealing directly with the child's birth parents. If a person living in Illinois chooses to adopt a child from an agency in another state, that agency must also be licensed.
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Consent
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Father's have rights when it comes to adoption. Consent from a child's legal guardian, parent, or the agency it resides with must be granted before a child can be adopted in Illinois. If a child is 14 years or older, he must also consent to the adoption. However, consent is not required if the child's guardian has already waived his parental rights to the child. A father must consent if he was married to the child's birth mother upon delivery, or within 300 days of delivery. Once an adoption is in place, it cannot be retracted, unless evidence shows the adoption was fraudulent or done under duress. In that case, a person has 12 months to revoke the adoption from the date it was executed.
Adoption Records
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In the state of Illinois, the adoptive parent(s) are entitled to know certain information about the child's birth parents, as long as the identity of the parents, and their address, remains private. Adoptive parents shall have access to the birth parent's age, race, religion and ethnic background, as well as the existence of any other children they might have. Adoptive parents are also allowed to know the medical/mental histories of the child's birth parents, as well as the date and place of birth of the adopted child.
Special Cases
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The Safe Haven Law protects infants. If a person in Illinois chooses to adopt a child from another country, they must do so through an agency that is specifically licensed to handle the procedure. Different countries have different policies in terms of how long an adoptive parent must reside in their country before returning to Illinois and completing the adoption. The Illinois Department of Human Services handles the placement of older children, or children with special needs. The Safe Haven Law allows parents who do not have the means to place their child up for adoption to leave them in the care of a hospital, fire station or police department if the child is unharmed and under 72 hours old.
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References
Resources
- Photo Credit state seal of illinois image by Jan Ebling from Fotolia.com married couple image by Mat Hayward from Fotolia.com father image by Pavel Vlasov from Fotolia.com baby image by Diane Stamatelatos from Fotolia.com
