Are you wondering how to adopt your grandchild, niece, nephew or other family member? Providing a permanent, loving home for a relative is one of the most important decisions you can make.
Kinship adoption (also known as relative adoption) can be confusing. You may be unsure about parental consent or concerned about Department of Children and Family Services (DCFS) involvement. Whatever your circumstances, you deserve guidance that’s clear, supportive and grounded in Illinois law.
In this guide, we’ll explain Illinois’ kinship adoption requirements, how parental rights are addressed, what the timeline looks like and more. You should feel confident taking the next step in your relative adoption journey.
If you’re ready to talk through your options, contact Gillespie Law Group, LLC today.
What Are the Kinship Adoption Requirements in Illinois?
The key Illinois kinship adoption requirements are:
- Age: You must be at least 18 years old. In rare circumstances, minors are allowed to adopt with court permission.
- Background Checks: All adults in your household must pass both a criminal background check and a child abuse and neglect registry check.
- Financial Stability: You’ll need to show that you can provide for the child’s basic needs. There is no minimum income requirement; the court simply needs to ensure that the placement is stable.
- Marital Status: You can adopt whether you are single, married or in a committed relationship. If you’re married, your spouse must join the adoption petition.
- Parental Consent or Termination: Both legal parents must consent, or the court must legally terminate their parental rights. We discuss this in more detail below.
These requirements are designed to support family stability and provide children with safe homes. While the process is simpler than non-relative adoption, the state still requires certain criteria to ensure safety and suitability.
Does Illinois Require a Home Study for Relative Adoption?
Illinois does not require a home study for relative adoption. Kinship adoptions are exempt because the child is being adopted by someone they already know, allowing the court to rely on background checks and basic documentation instead of a full home investigation.
What Forms Do You Need to Adopt a Relative?
Understanding what forms you need to adopt a relative can make the process feel more manageable. While each county may have slight variations, Illinois law requires several core documents:
- Petition for Adoption: This document formally requests the court’s approval of the adoption. It includes information about you, the child, your relationship and the basis for the adoption.
- Consent to Adoption: If the parents are consenting, each must sign a statutory consent form.
- Affidavit of Identification: This form is completed by the biological mother. It gives her several options regarding identification of the father of the child.
- Background Check Authorization Forms: All adults in your home must complete required Illinois background checks, including FBI and Illinois State Police fingerprint-based checks, as well as the CANTS form (CANTS 689) for the Child Abuse and Neglect Tracking System.
- Interim Order/Final Order of Adoption: Your attorney prepares these court orders for the judge to sign during the hearing and at finalization.
In some cases, the court may also require additional supporting documents. This may include basic records that help confirm the child’s identity, living situation or legal history. Your attorney will determine which documents are necessary for your specific case and ensure they are submitted correctly.
How Does Parental Rights Termination Work?
Parental rights must be addressed before a kinship adoption can proceed. Because both parents (if known) must agree to a kinship adoption, the simplest path is voluntary consent. However, it is possible for the parents’ rights to be involuntary terminated.
Voluntary Consent
Parents who have legal parental rights may sign statutory consent forms relinquishing those rights. This is often the most straightforward path when the parent acknowledges they cannot safely care for the child.
Involuntary Termination
If a parent refuses to consent or cannot be located or identified, the court may move forward with terminating their rights if the evidence supports it. In Illinois, this can happen when a parent has abandoned the child, failed to maintain consistent contact, engaged in abuse or neglect or is otherwise found legally unfit.
These cases require careful documentation and clear evidence, and the process can be more involved than voluntary consent. Working with an attorney ensures that the court receives the information it needs and that your petition meets Illinois’s strict evidentiary standards.
Is DCFS Involved in All Relative Adoptions?
No. DCFS becomes involved only when a child is already in the state’s custody or when there has been a previous court finding of abuse or neglect that brought the family into the child welfare system.
In situations where a child is living with you safely through an informal family arrangement and no DCFS case exists, the adoption proceeds entirely through the court with your attorney. This means you can adopt without going through DCFS.
Timeline: How Long Does Kinship Adoption Take?
While each case is different, most kinship adoptions in Illinois are finalized within six to 12 weeks after the petition is filed. The exact timeline depends on a few factors, including whether the parents are willing to consent, how quickly background checks are completed and the court’s scheduling availability. When a case requires involuntary termination of parental rights, the process can take longer because the court must hold additional hearings and review more extensive evidence.
Overall, kinship adoptions tend to move more quickly than non-relative adoptions because the child is already placed with family. The court’s primary focus is confirming that the placement is safe, stable and permanent.
Kinship Adoption vs. Guardianship in Illinois
Understanding the difference between legal guardianship and adoption can help you make an informed decision regarding your family relationship.
Guardianship
- Grants temporary or semi-permanent authority to care for a child until the child turns eighteen
- Parents maintain their parental rights but no longer make day-to-day decisions regarding care of the child
- Can be modified or revoked by the court upon request
Kinship Adoption
- Permanently transfers all parental rights to the adoptive parent
- Creates a legal parent-child relationship
- Provides long-term stability for the child
If your goal is permanence and full parental authority, kinship adoption is the stronger option.
Do You Need a Lawyer for Kinship Adoption in Illinois?
Yes. Working with a relative adoption attorney is one of the most important steps you can take to protect your rights and keep the process moving smoothly.
Even when everyone agrees on the adoption, Illinois law requires specific steps that must be handled precisely. This includes obtaining consents and making crucial filings. Without experienced guidance, these technical details can lead to setbacks.
An attorney provides essential assistance throughout the process. They can prepare the necessary documents, help you fully understand the legal requirements and ensure everything submitted to the court meets statutory standards.
Legal guidance becomes especially important when complications arise. This might be the case if a parent is unwilling to consent or cannot be located, or if there has been any prior involvement with DCFS. Having an attorney present your case clearly and accurately to the judge reduces the chance of delays or complications that could jeopardize your relative adoption.
How an Illinois Adoption Attorney Can Help
A knowledgeable kinship adoption lawyer near you provides:
- Strategic guidance based on Illinois adoption law
- Support gathering and preparing all forms
- Representation in court
- Clear explanations of your rights at every stage
At Gillespie Law Group, LLC, we understand the emotional impact of adopting a relative. Our role is to make the legal process as clear and reassuring as possible.
If you’re ready to begin your relative adoption or want help understanding your options, contact us today to schedule a consultation.