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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

Illinios divorce attorney, Illinois family law attorney, parental rights,Illinois strives to keep families together, whenever possible. However, there are circumstances in which the state will break up a family – sometimes temporarily and sometimes permanently. Those circumstances generally involve child abuse, neglect or some other type of criminal behavior. If a court determines that a child should be permanently removed from his home, then the child likely will be placed for adoption. But when is parental consent for adoption required and when is it not?

The law generally requires a child’s parent to consent to adoption. However, there are exceptions to this requirement. For example, if a court finds that a person is an unfit parent, then no consent is necessary. Other exceptions include:

  • The person is not the child’s biological or adoptive father;
  • The person has waived or terminated his parental rights;
  • The person is the child’s father as a result of criminal sexual abuse or assault;
  • The father is a family member of the child’s mother, who was under 18 years old when the child was conceived; or
  • The father is at least five years older than the child’s mother, who was under 17 years old when the child was conceived (but the parents may voluntarily acknowledge the father’s paternity).

Unless one of the above exceptions applies, then a child is only available for adoption if:

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