Older children in foster care can still be adopted, even if they’re close to turning 18. The legal process depends on the youth’s age and where the adoption stands when they become an adult.

Below, we’ll explain how adopting a child aging out of foster care in Illinois works, what happens if the adoption isn’t finalized before age 18 and when adult adoption may become the appropriate legal path. If you’d like to discuss your family’s situation, contact Gillespie Law Group, LLC to schedule a consultation.

Can You Adopt a Teenager Who Is About to Age Out of Foster Care in Illinois?

Yes. If the child is still in foster care, you may be able to complete the adoption before they turn 18.

Because adoption takes time, it’s important to begin the legal process as early as possible. Starting early gives you the best chance of completing the adoption while the youth is still a minor.

If the youth turns 18 before the adoption is finalized, that doesn’t necessarily end the opportunity to adopt. It simply means a different legal process may apply.

Steps to Adopt an Older Youth Through Illinois Foster Care

Every family’s situation is different, but most foster care adoptions follow the same general process:

  • Step 1: Placement. The child is placed with your family through the Illinois Department of Children and Family Services (DCFS).
  • Step 2: Confirm legal readiness. Your attorney reviews the case to make sure parental rights have been addressed, required approvals are complete and the adoption is ready to move forward.
  • Step 3: File the adoption paperwork. Your attorney prepares and files the required documents with the appropriate Illinois court.
  • Step 4: Attend the adoption hearing. A judge reviews the case to determine whether the adoption meets Illinois legal requirements and serves the child’s best interests.
  • Step 5: Finalize the adoption. Once the judge enters the adoption judgment, you become the child’s legal parent.

If the youth is approaching age 18, keeping the process moving is especially important.

What Happens if the Child Turns 18 Before the Adoption Is Finalized?

Turning 18 doesn’t necessarily prevent the adoption, but it can change the legal process.

If the adoption is finalized while the youth is still a minor, it generally proceeds as a foster care adoption. If the youth reaches adulthood first, a different legal process may apply depending on the circumstances.

In some situations, the adoption may proceed under Illinois’ adult adoption laws instead. If you’re unsure which process applies to your family, an Illinois adoption attorney can explain your options. You can also learn more in our guide to adult adoption.

What Financial Assistance Is Available When Adopting an Older Youth?

Financial assistance may be available when you adopt an older youth through foster care. Eligibility depends on the youth’s circumstances and the applicable state and federal programs.

Depending on your situation, assistance may include:

  • Adoption assistance payments
  • Medicaid coverage
  • Educational benefits for eligible youth
  • Post-adoption support services

Your DCFS caseworker can explain which programs may apply to your family. Some benefits are tied to a youth’s eligibility before the adoption is finalized, so it’s important to discuss available programs with your caseworker early in the process.

Why Legal Guidance Matters When a Youth Is Close to Aging Out

When a youth is close to turning 18, small delays can affect how the adoption moves forward. Questions about timing, court filings and the applicable legal process become more important as adulthood approaches.

Working with an Illinois adoption attorney can help you understand what steps need to be completed, whether your case should proceed through foster care adoption or adult adoption and what to expect if circumstances change before finalization.

Why Illinois Families Trust Gillespie Law Group, LLC

Foster care adoption and adult adoption each follow different legal procedures. If you’re adopting a child aging out of foster care in Illinois, understanding which process applies can help you avoid unnecessary delays and prepare for the next steps.

For more than 30 years, Gillespie Law Group, LLC has helped Illinois families navigate foster care, stepparent, adult and other adoption matters. If you’re considering adopting an older youth, we’re here to help you understand your options.

Call 312-332-6339 or fill out our form today to schedule a consultation.