Stepparents can be a stabilizing force in the lives of their stepchildren. They may fill the role of a second parent financially, emotionally and socially. In some cases, stepparents choose to make that position legally recognizable by adopting their stepchildren.
Stepparent adoptions strengthen the family unit and extend certain key protections to both the stepchild and the stepparent. However, challenges can arise for families who are not familiar with the legal requirements of pursuing a stepparent adoption.
Understanding Illinois requirements and consent
In Illinois, stepparents must be married to the custodial parent for at least six months before filing for adoption. The adoption process also includes a background check to ensure the adoption serves the child’s best interests.
Stepparents generally understand that they need the support and consent of their spouses to adopt their stepchildren. Additionally, if the child is 14 or older, the child’s consent is required. What they may not realize is that the state also expects them to secure consent from the other parent of their stepchildren, even if that parent hasn’t paid support or shown up for visitation in years.
Securing parental consent for stepparent adoption
The voluntary consent of the other parent is generally necessary for a successful stepparent adoption. However, Illinois law provides exceptions when:
- The parent has abandoned the child for at least one year
- The parent has failed to maintain a reasonable degree of interest, concern or responsibility
- The parent is found to be unfit
- The parent was properly served with notice but failed to respond or appear
Pursuing consent may not be necessary in cases where the state has already terminated the other parent’s parental rights. Otherwise, the stepparent and their spouse need to work with an attorney to formally secure the other parent’s consent through proper legal documentation.
For that other parent, the elimination of their future child support obligations could serve as a motivator. Other times, they might voluntarily acknowledge that the adoption is in the best interest of their children. Without their consent, the stepparent adoption can only proceed if the courts agree to involuntarily terminate their parental rights.
Adoption of a stepchild can be meaningfully beneficial if a family follows all the right procedures. Reviewing household circumstances with a family law attorney can help parents in blended families prepare for adoption accordingly.