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Posted on in Adoption

Kane County adoption attorneyAdoption can be a long and complicated legal process that tests the patience of even the most dedicated families. There are a number of loose ends that need to be tied up before an adoption is finalized. Among these is obtaining consent from all appropriate parties for the adoption. That often means getting permission from the child’s biological parents, as well as the adoption agency. In some circumstances, you might even need the child’s permission to adopt him or her. Getting consent from the child’s birth parents or adoption agency means that they are handing over all related rights and responsibilities concerning the child to his or her adoptive parents. 

Who is Required to Give Consent?

Under Illinois law, it is a requirement that a child’s birth mother and legal father give their consent for the child to be adopted. In cases where the child is no longer in the care of his or her birth parents, consent must be given by:

  • The child’s legal guardian

adoption of adults, adult adoptions, Kane County family law attorney, biological parents, child adoption, adoptive parents, adoption proceedingFamilies come in all shapes and sizes. The same is true of adoption. While it is more common for a family to adopt a child, Illinois also allows adult adoptions. Adoption is always a personal decision, but there are a few distinct reasons a family might choose to adopt an adult. One example is in the case of adoption of an adult by long-time foster parents. Similarly, it is not unheard of for a stepparent to adopt grown stepchildren. Whatever the reason, as with child adoption, the person intending to adopt must meet the legal requirements.

State law permits adoption of adults under one of the following circumstances:

  1. The adult has resided in the home of the person intending to adopt for at least two years preceding the adoption; or
  2. The person who intends to adopt is related to the adult.

A family member can adopt a related adult just like a family member can adopt a related child. The standards are the same. The adopting person must be related to the adult (or child) by blood or marriage as a parent, grandparent, sibling, stepparent, step-grandparent, step-sibling, uncle, aunt, great-uncle, great-aunt, or first-degree cousin. Furthermore, the court must determine that adoption is in the adult’s best interests.

Posted on in Adoption

foreign adoption, domestic adoption, the Adoption Act, Illinois adoption lawyer, attorneyAs many families know, the decision to adopt a child is often easier than the actual adoption process, especially when adopting internationally. Some countries have made the process extremely difficult or altogether impossible, like with Russia’s adoption freeze.

In other countries, like Japan, cultural norms hinder foreign adoption. In fact, in Japan, adult adoptions are more common than child adoptions. A typical example of an adult adoption is adopting a husband into the wife’s family. Child adoptions are more rare because Japanese culture is concerned with the purity of family bloodlines. That explains why in 2012, only 21 Japanese children were adopted by American families. Compare that to the more than 2,500 adoptions from China or the more than 600 adoptions from South Korea.

Even without such cultural differences, foreign adoption is complicated because multiple sets of laws dictate:

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