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Adoption
In addition to helping families through the difficulties of divorce and child custody issues, at the Steele Law Firm we also help build families by assisting them with the process of adoption. Adoption is a formal procedure that must be properly handled to ensure a solid and irreversible legal relationship. Each case is unique and an attorney needs to be consulted before making any decisions.
We apply our extensive family law experience to represent you in all areas of Illinois adoption, including:
- stepparent adoption
- private adoption of newborn children, infants, and other children from the U.S. or internationally
- grandparent or relative adoption
- co-parent adoption
- foster parent adoption
- standby adoption
Contact our office today at (312) 893-5888 to discuss your family’s circumstances with an attorney, or to learn about relevant issues such as:
- Parentage/paternity
- Termination of parental rights
- Home study requirements
- Court hearings
- Adoption certificates
- Amendments to birth certificates
Step-Parent Adoption
The most common form of adoption is step-parent adoption: a step-parent assumes financial and legal responsibility for his/her spouse’s child(ren), and the non-custodial parent is released from all parenting responsibilities, including child support.
We can assist you with termination of parental rights of the non-custodial parent for a child under 18 and prepare your legal paperwork. Most biological parents do not choose to stand in the way of the adoption and termination is generally not difficult. However, we are also prepared to help you in court should your request be challenged.
Private Interstate and International Adoption
We assist families who are adopting a child from another state or another country to manage the often confusing adoption process. Private adoption is a legal method of building a family through adoption using the services of an attorney rather than an adoption agency for placement. Like other types of adoption, private adoption is governed by state laws.
If a child is brought from one state to another, then the provisions of the Interstate Compact on the Placement of Children apply. For Illinois residents, the adopting parents must have completed a home study and obtained a foster parent license from an Illinois child welfare agency, even if the adoption is private. Typically, the parental rights of the birth parents are terminated in accordance with the law where the child resides, and the adoption is completed in the state of residence of the adopting parents. In addition, the Interstate Compact authorities in both states must approve the placement before the child is allowed to physically leave the state where the birth parent resides and enter the adopting parents’ state of residence.
For international adoptions, the adopting family must complete a home study conducted by an Illinois child welfare agency, therefore most international adoptions begin with the assistance of an Illinois agency. In many countries, the adoption is actually completed in the child’s country of origin, although many adoptive families "re-adopt" the child in a legal proceeding in the United States to confirm the validity of the foreign adoption.
Dealing with all the necessary requirements and stipulations of interstate and international adoptions can be difficult and complicated. Working with an experienced attorney can make the whole process easier to understand and accomplish.
Grandparent or Relative Adoption
According to the US Department of Health and Human Services, more than six million children nationwide, approximately 1 in 12 children, are living in households headed by grandparents or other relatives. Keeping families together is always an admirable goal.
Relative adoption is an independent adoption and is a relative petitioning to adopt a minor. This is normally when both parents are deceased or unable to care for their children and a relative is asking to adopt to formalize the legal relationship. Illinois state laws define "relative" by degree of relatedness, such as uncle, aunt, adult sibling, grandparent or great-grandparent of the child of the whole or half-blood or by marriage or adoption. Not fitting in this general definition are cousins of any degree or children of nieces or nephews.
The Court’s favor placing children with relatives over non relatives however the relative must be an appropriate caretaker and have the appropriate residence for the child to live.
Same-Sex Parent / Co-Parent Adoption
Same-sex couples wishing to adopt a partner’s child can do so in the same manner as a step-parent adoption. It is important to legalize the parental relationship in order to give the non-birth parent the authority to make legal decisions for the child and to represent the child’s interests in school and medical settings.
Adoption Services for Foster Parents
A successful foster parent adoption begins with ensuring that parents have the support and services they need to care for their child long term. Foster children are often older, may have emotional needs because of instability in their early years, and may have special medical needs.
You certainly want your adoption placement to be a success, and we do, too. We will review the adoption assistance agreement (a.k.a. subsidy agreement) with you to ensure that your child will get all the services he or she is entitled to as part of the foster parent adoption process. In addition, we will walk you through the actual adoption process and help with legal and social work aspects of the adoption.
Standby Adoption
Every parent wants to make sure their child is protected in the event of their sudden death or incapacitation. Standby adoption is a court-approved arrangement that provides for a future adoption of your child if needed. You must have been determined by a physician to be terminally ill in order to ask the court to appoint a standby adoptive parent for your child. Standby adoption allows you to ask the court to appoint a person or persons as standby adoptive parent(s) of your child, and that person “stands by” until needed.
Standby adoption is only available in two states in the U.S., and Illinois is one of them. The standby adoptive parent doesn’t take custody of your child until: the adoption becomes final; when you decide that you want the adoption to be final; or upon your death. In the meantime, you retain all legal authority over your child.
If you are planning an adoption, you need the advice and assistance of a skilled, experienced attorney to help you protect all of your legal rights. Call the Steele Law Firm at (312) 893-5888 today to learn more about how we can help you make all your family dreams come true.
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