Who May Adopt, Be Adopted, or Place a Child for Adoption - Illinois

Date: August 2020

Who May Adopt

Citation: Cons. Stat. Ch. 750, § 50/2

Any of the following persons who is under no legal disability and who has been a resident for at least 6 months, or is a member of the armed forces domiciled in the State for at least 90 days, may institute an adoption proceeding:

  • A reputable adult of either sex
  • A minor with leave of the court

A person who is married or in a civil union and has not been living separate and apart from his or her spouse or civil union partner for 12 months or longer shall be a party to the adoption proceeding, including a spouse or civil union partner desiring to adopt a child of the other spouse or civil union partner. In all cases, both spouses or civil union partners must petition jointly.

The residency requirement does not apply to the following:

  • The adoption of a related child or child previously adopted in a foreign country by the petitioner
  • The adoption of a child placed by an agency

Who May Be Adopted

Citation: Cons. Stat. Ch. 750, § 50/3

The following persons may be adopted:

  • Any child
  • Any adult who has resided with the adoptive parent for at least 2 years while the person was a minor or who is related to the adoptive parent

Who May Place a Child for Adoption

Citation: Cons. Stat. Ch. 750, § 50/8

A child may be placed for adoption by the birth mother and father who have the right of consent to place the child with a specified person. All other placements must be made by either of the following:

  • The Department of Children and Family Services
  • A licensed child welfare agency