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Understanding Consent in Illinois Adoption Cases

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

  • The adoption agency, if the child was placed under the agency’s custody

  • A court with jurisdiction over the child

In cases that involve the adoption of a child of at least 14 years of age, the child must also consent to being adopted. If the child is in need of mental health treatment or has an intellectual disability, the court may waive the need for the child’s consent.

Giving and Revoking Consent

The Illinois Adoption Act states that mothers cannot consent to adoption less than 72 hours after the birth of their child, though a father can consent to adoption before or after the child’s birth. Both of the child’s birth parents must appear before a judge to confirm that they are relinquishing their parental rights. If the adoption is being facilitated by an agency, a representative of the agency can appear before the judge to give consent to the adoption.

Once a birth parent has given their consent to the adoption and has relinquished their parental rights, the decision is final and cannot be reversed unless the consent was obtained by fraud or duress. If a person decides to petition against the consent, they must do so within 12 months of the date the consent was given. In cases where the father of a child gave consent before the child was born, he can revoke consent within 72 hours of the child’s birth.

Contact a Compassionate St. Charles Adoption Lawyer

If you have been thinking about adding to your family through adoption, you may have discovered how complex the process can be. Completing the legal requirements for adoption can be trying, but it can be made easier with guidance from a knowledgeable Kane County adoption attorney. At Goostree Law Group, we provide skilled legal guidance and representation throughout the adoption process, helping your family reach a positive outcome. To schedule your free consultation, contact a member of our team by calling 630-584-4800. 

 

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2098&ChapterID=59

https://www.childwelfare.gov/pubpdfs/consent.pdf

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