Have you ever wondered, can you adopt someone over 18 in Illinois? You might be surprised to learn that adult adoption is not only possible but also more common than you think. In this guide, we will explore the process, benefits, and legal implications of adopting an adult in Illinois, helping you make an informed decision and navigate the complexities of this unique family-building option.
Understanding Adult Adoption in Illinois
Adult adoption is defined as any adoption in which the adoptee is at least 18 years or older, allowing someone to adopt an adult. In Illinois, the adult adoption process involves the establishment of a legally binding parent-child relationship between an adult and an adopted person. Contrary to popular belief, adult adoptions occur more frequently than generally thought.
Adult adoption can be a life-changing decision for both the adoptee and the adopting parent. Let’s delve deeper into the reasons behind adult adoptions and the critical differences between adopting an adult and a minor in Illinois.
The Purpose of Adult Adoptions
Adult adoption is a legal process that allows an adult to become the legal child of another adult, thus establishing a legal parent-child relationship. The most prevalent rationale for adopting an adult is to legally acknowledge a parental bond after assuming a parental role for an extended period, often replacing the role of the birth parent.
There may be personal, legal, and financial benefits for both the adopted parents and the adoptee. For instance, the adopted adult is entitled to any inheritance left by the adopting parent upon their passing and can make medical decisions for the adopting parent in the event they are unable to do so.
Differences Between Adult and Minor Adoptions
The primary distinction between adult adoption and minor adoption in Illinois lies in the consent process. In adult adoption, the adoptee is the sole individual who must provide consent to the adoption, while in minor adoption, the biological parents must still consent to the adoption or have a judge terminate their legal rights.
Another difference between adult and minor adoption is the age requirement. Adult adoptions may be completed when the child is 18 years or older, while minor adoptions involve children under the age of 18. Additionally, adult adoptions do not necessitate social worker home visits, whereas minor adoptions may involve home visits as part of the adoption procedure. For the most up-to-date information on adoption, check out our article, Illinois Adoption Law Changes 2023.
The Adult Adoption Process in Illinois
Adult adoption in Illinois requires the following criteria:
- The adoptee must be at least 18 years of age
- The adoptee must be either related to the adopting parents or have lived with them for a minimum of two years
- The adoptee must provide consent for the adoption
- There may be associated court costs.
Understanding eligibility criteria and required documentation will ensure a smooth adoption process.
Eligibility Criteria
Under Illinois law, the adoptee is the only individual who must provide consent for an adult adoption. To be eligible for adult adoption in Illinois, an individual must be over the age of 18 and either related to the adopting parents or have resided with them for a minimum of two years.
Establishing a connection between the adopting individual and the adopted adult is essential, either through living together for a minimum of two years or sharing a direct family relationship.
Required Documentation
Necessary documents to complete an adult adoption in Illinois may include the following:
- A completed adoption petition form
- A copy of a valid government-issued photo identification (ID)
- A check or money order for the applicable fee (typically $15)
The adoption petition form is utilized to furnish the court with details regarding the adoptive parent(s) and the adult being adopted, while valid government-issued photo identification is employed to confirm the identity of the adoptive parent(s). The check or money order is utilized to remit the necessary fee.
It is recommended to seek counsel from a lawyer or adoption agency for tailored advice and to guarantee adherence to all legal regulations.
Legal Implications of Adult Adoption
The legal implications of adult adoption in Illinois depend on the particular circumstances of the adoption. Generally, the adoptee will acquire the same rights and responsibilities as a biological child of the adopting parents.
Let’s delve deeper into the rights and responsibilities that come with adult adoption, as well as the impact on birth parents and biological families.
Rights and Responsibilities
The adult adoptee must provide consent for the adoption, and once adopted, the adoptive parents assume legal responsibilities and obligations towards the adopted adult, including financial support, medical care, and emotional support. Adoptive parents are obligated to provide financial, medical, and emotional support to the adopted adult.
The rights of an adult adoptee include:
- Requesting their original birth certificate
- Gaining access to court records associated with their adoption
- Petitioning for adoption at any time, being included in the adoption petition along with other individuals seeking to be adopted.
Impact on Birth Parents and Biological Family
Upon adult adoption, a new legal relationship is formed between the adoptee and the adoptive parents, which may have implications on the legal rights and obligations of the birth parents. In certain situations, adult adoption may lead to the adopted adult child no longer being eligible to inherit from their biological family.
However, the establishment of a new legal family relationship through adult adoption may not preclude the importance of continuing connections with birth parents or siblings to the adoptee. It is essential to consider the emotional aspects of adult adoption and maintain open communication with all parties involved.
Navigating Adult Adoption Laws and Regulations
In Illinois, the laws and regulations for adult adoption stipulate that:
- The person to be adopted must be over the age of 18.
- The adult must be related to the adopting parents or have had a shared domicile for a minimum of two years.
- The adult must provide consent for the adoption.
Understanding the legal implications of adult adoption is crucial for a successful adoption process. Let’s explore the benefits of working with an adoption agency or attorney and discuss common challenges faced during adult adoption.
Working with an Adoption Agency or Attorney
Due to the legal nature of adoption, it is imperative to obtain the services of a qualified adoption attorney. Working with an adoption agency or attorney for adult adoption in Illinois involves several steps, such as providing necessary documents, filing the petition, and obtaining a court order.
Engaging an adoption agency or Illinois adoption attorney can provide a range of advantages, such as:
- Access to seasoned professionals who can supply direction and counsel throughout the adoption process
- Assistance with paperwork and filing requirements
- Awareness of the laws and regulations associated with adult adoption in Illinois
- Access to resources and support systems
- Assurance that the adoption is legally binding.
Common Challenges and How to Overcome Them
Common challenges associated with adult adoption in Illinois may include:
- Obtaining consent from the adopted adult
- Establishing a relationship with the adopting individual
- Navigating the legal process
- Addressing potential emotional considerations
- Considering implications for inheritance and legal rights
The adopted adult must provide their consent to the adoption by signing a consent form in the presence of a notary public.
Summary
In conclusion, adopting an adult in Illinois is a complex yet rewarding process that can strengthen familial bonds and provide legal rights and responsibilities for both parties. By understanding the purpose, eligibility criteria, required documentation, and legal implications and navigating the laws and regulations surrounding adult adoption, you will be better equipped to make an informed decision about this life-changing event. Remember, seeking the guidance of professionals such as adoption agencies or attorneys is crucial in ensuring a smooth and successful adult adoption process.
Frequently Asked Questions
What are the rules for adoption in Illinois?
In Illinois, a single or divorced person or a couple (unmarried or same-sex) can adopt a child. If the adopters are married, both must join in the petition unless they have been separated for more than a year.
Additionally, a child over the age of fourteen must agree to the adoption.
Can you adopt a child at 18 in Illinois?
In Illinois, it is possible for an adult over 18 to adopt a child under certain circumstances. However, the usual requirement is that the adopter must be at least 18 years old.
In some cases, minors may be allowed to adopt with the court’s permission.
What happens to adults adopting adults?
Adults adopting adults is not a widely explored subject, as evidenced by the recent cancellation of the series ‘Adopted’ due to low ratings. The show was pulled from all platforms after the third episode aired on Feb. 14, with no further episodes being produced.
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