Moving to Illinois while planning an adoption may affect when you can start your case. If you recently moved, you may wonder whether you have to live in the state for a certain amount of time before you can file.
Illinois generally requires you to live in the state for six months before starting an adoption case. However, the law makes exceptions for some adoptions. Depending on your situation, you may not have to wait the full six months.
When the six-month rule applies
The six-month period generally counts the time you have lived in Illinois continuously right before filing. If an exception does not apply, you usually have to finish that period before you can start the case.
The six-month rule does not apply to every adoption. For example, it does not apply when you adopt a related child. It also does not apply when an Illinois-licensed child welfare agency places a child with you for adoption.
Illinois uses a different rule if you serve in the U.S. armed forces. In that situation, you may qualify to file after 90 days of Illinois domicile, which means Illinois serves as your legal home.
Where you can file
The residence rule affects when you may start an adoption case. It does not limit you to filing in the county where you live.
Illinois allows you to begin an adoption case in any county in the state. Once you meet the residence rule or fall under an exception, your recent move does not tie the case to your new county.
Other parts of your adoption may affect how the case proceeds, but the six-month rule itself deals with your residence before filing.
Getting ready to file
You may want to confirm the date you began living in Illinois and whether an exception applies. Consider keeping records that show when you established your home in the state. Checking those details early may help you organize what you need before filing.