The 5 Illinois Adoption Laws You Need to Know

Adoption laws vary in each state. Everything from a birth father's rights to open adoption can be different from state to state. We've gathered the five most important Illinois adoption laws you need to know about when considering this for your family.

Top 5 Illinois Adoption Laws

Birth Father's Legal Rights

Does my baby's father have to agree to the adoption in Illinois?

The father’s consent is required if:

  • The father was married to the mother on the date of birth of the child or within 300 days before the birth of the child
  • He is the father by adoption, an order of parentage, or an acknowledgment of parentage or paternity, openly lived with the child and held himself out to be the child's birth father during the first thirty days of the child’s life
  • He paid a reasonable amount of the expenses related to the birth of the child and financial support of the child, has maintained repeated contact with the child
  • Consent is not required if the father’s rights are otherwise terminated

750 Ill. Comp. Stat. 50/80 (2020) 

In Illinois, a putative father must register with the putative father registry to assert an interest in the child.

750 Ill. Comp. Stat. 50/12.1 (2020) 

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Expectant/Birth Mother Living Expenses

Can I get help with my living expenses during my pregnancy in an Illinois adoption?

In Illinois, adoptive parents may give the birth parent a gift, so long as it is not over $200. Upon order of the court, adoptive parents may also pay for expectant mother living expenses starting from 120 days before the expected due date to sixty days postpartum. Adoptive parents may advance up to $1,000 of the reasonable living expenses of the expectant mother without court approval if it is based on financial need and the health of the child. The cost of an attorney may also be paid for by adoptive parents if the cost does not exceed $1,000.

750 Ill. Comp. Stat. 50/14(a-b) (2020) 

Separate Legal Representation

Will I be offered my own Illinois adoption lawyer?

This issue is not addressed under Illinois law, but you still need to make sure you have your own attorney paid for by the agency or adoptive parents. Any family you choose from AdoptMatch will make sure you have your own attorney.

Open Adoption

How does Open Adoption work in Illinois?

This issue is not addressed under Illinois law. This means that any agreement about open adoption in Illinois is based only on a promise, and will not be enforced by a court. It's still very important that whatever you agree to is written down and signed by everyone.

Click here for a map showing which states enforce open adoption agreements.

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How does Consent to Adoption work in Indiana?

How does the legal process for adoption work in Illinois?

Consent may be made seventy-two hours after the birth of the child and may be executed in front of a judge. When the execution of a consent or a surrender is acknowledged before someone other than a judge, such other person shall have his or her signature on the certificate acknowledged before a notary public.

750 Ill. Comp. Stat. 50/9(B), 50/10(K-O) (2020)

How long will I have to change my mind about adoption in Illinois?

Consent is irrevocable unless obtained by fraud or duress.

750 Ill. Comp. Stat. 50/11(a) (2020)

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