What Are My Adoption Options in Illinois?

St. Charles adoption attorneysBringing a child into your family through adoption is life changing for everyone involved. Your family not only gains a cherished loved one, you also give a child in need the loving home that he or she deserves. The adoption process is very involved - both emotionally and legally. It is important for anyone considering adoption to thoroughly research the available avenues for adopting a child in order to determine what course of action is right for them.

Illinois Adoption Laws

Illinois law states that an individual may adopt a child if he or she:

  • Has lived in the state of Illinois for a minimum of six months or is a member of the Armed Forces and has lived in Illinois for at least 90 days
  • Does not have a legal disability
  • Has a good reputation

Typically, adoptive parents must be over 18 years of age. However, the court may make exceptions to this rule in certain cases. Prospective adoptive parents who wish to adopt a non-relative will be subject to a state and federal criminal background check as part of the adoption investigation. If the potential adoptive child is over 13 years old, he or she must consent to the adoption.

Types of Adoption

In an agency adoption, the prospective parents work with a licensed adoption agency to adopt a child. The child’s biological parents may have passed away or voluntarily given the child up for adoption. The child may also be eligible for adoption if the court terminated the biological parents’ parental rights because of neglect, abandonment, abuse, or another reason. During a private adoption, the adoptive parents work directly with the birth mother to adopt her child. The biological parents have up to 72 hours after the child’s birth to change their minds about the adoption. If you want to pursue a private adoption, you will not have any protection or guidance from an adoption agency so it is crucial to gain legal counsel from an adoption attorney. A related adoption involves the adoption of a stepchild or other relative and may present special legal challenges as well. 

Contact a Kane County Adoption Lawyer

Adopting a child is a major legal undertaking. Parents who wish to adopt should work with a qualified family law attorney to ensure that the appropriate steps are taken and the adoption process goes as smoothly as possible. Unfortunately, adoption scams are not uncommon and many families have been taken advantage of. Retaining the services of an experienced St. Charles adoption attorney will ensure that your rights are fully protected. Call MKFM Law at 630-665-7300 today and schedule a confidential consultation to discuss your adoption-related needs.



Contact Us

NOTE: Fields with a * indicate a required field.

Recent Blog Posts


1737 South Naperville Road, Suite 100
Wheaton, IL 60189
Evening and weekend hours by appointment.

We serve clients throughout Kane County, Illinois including St. Charles, Geneva, Batavia, North Aurora, Elgin, Algonquin, Aurora, Barrington Hills, Bartlett, Big Rock, Burlington, Campton Hills, Carpentersville, East Dundee, Elburn, Hampshire, Huntley, Kaneville, Maple Park, Sleepy Hollow, Wayne, West Dundee as well as throughout DuPage County.

Make a Payment
© 2023 Mirabella, Kincaid, Frederick & Mirabella, LLC | 250 W. River Drive, Unit 2A, St. Charles, IL 60174 | 630-549-0960
Take me to top
Contact Us
Contact Us

In honor of the passing of our founder, Joseph F. Mirabella, Jr., our offices are closed Friday, January 31, 2020.I Agree

golf outing