Understanding Adult Adoptions in Illinois: Reasons, Process, and Why Legal Help Matters

 Posted on April 30, 2025 in Divorce

Adoption is often associated with children, but in Illinois, adult adoptions are a meaningful and increasingly common way to formalize significant relationships with a parental figure. This blog explores why someone might pursue an adult adoption and provides a straightforward overview of the legal process in Illinois and why working with an experienced attorney is essential.

Adult adoptions in Illinois serve a variety of purposes, often rooted in personal, emotional, or legal motivations. Here are some of the most common reasons individuals choose this path:

1.  Formalizing a Step-Parent Relationship
For many, adult adoption is a way to solidify a step-parent’s role in their stepchild’s life. Step-parents often take on parental responsibilities, providing emotional and financial support over years. Adopting an adult stepchild legally acknowledges this bond, granting the step-parent the same rights and responsibilities as a biological parent. This can be especially meaningful in blended families where a step-parent has been a primary caregiver or when the adult stepchild’s biological parent is absent, deceased, or uninvolved. For example, a step-parent who raised their spouse’s child from a young age might pursue adoption to ensure their relationship is legally recognized, particularly for inheritance or decision-making purposes.

2.  Inheritance and Estate Planning
Adult adoption can simplify inheritance matters. In Illinois, an adopted adult has the same inheritance rights as a biological child under intestate succession laws. This ensures that assets pass to the adopted adult even absent a specific designation in a will or trust.  For instance, someone might adopt an adult to secure their financial future or to prevent disputes among heirs. This is particularly relevant for step-parents or individuals who have cared for someone like a child but lack a biological connection.

3.  Emotional and Personal Significance
Beyond legal benefits, adult adoption carries profound emotional weight. It can symbolize a lifelong commitment, especially in cases where a parental figure has been present for years. For example, an adult who was raised by a mentor, family friend, or foster parent might seek adoption to formalize that bond. This act can provide a sense of belonging and closure, particularly for those who lacked a stable parental figure in childhood.

4.  Access to Benefits
Adoption can secure access to certain benefits, such as health insurance, social security, or veteran’s benefits, that require a legal parent-child relationship. For adults with disabilities, adoption by a caregiver or step-parent can ensure ongoing support and access to resources.

5.  Immigration or Citizenship Purposes
In some cases, adult adoption can facilitate immigration or citizenship processes, though this is less common and subject to federal regulations. It may help establish a legal relationship for visa petitions or other immigration benefits.

The process of adult adoption in Illinois is relatively straightforward compared to the adoption process for a minor, but it still requires careful adherence to state laws and local court rules. Here’s a quick overview of the steps involved:

1.  Eligibility Check
In Illinois, the adult adoptee must be at least 18 years old and the adoptee must consent to the adoption through execution of a formal consent, typically signed in front of a notary or in some counties, a judge.  If the adoptive parent is married, their spouse must also consent unless they’ve been separated for over a year. Unlike adoptions for minor children, the biological parents’ consent (or even notice) is not required for adult adoptions, which simplifies the process.

2.  Filing a Petition
The adoptive parent files a Petition for Adoption with the circuit court.. This document includes details about the adoptive parent(s) and the adult being adopted, along with a statement of consent from the adoptee. Additional documents, such as government-issued identification and proof of residency, may be required. Filing fees vary by county but typically range from $100 to $400.

3.  Court Hearing
After filing, the court schedules a hearing, usually within a few weeks or months. Both the adoptive parent and adoptee must attend and provide testimony under oath to confirm their consent and the purpose of the adoption.  In some counties, the appearance may be via Zoom.  At this court date, the judge reviews the petition to ensure all legal requirements are met. If approved, the judge issues a Judgment for Adoption, finalizing the process. Adoption cases are sealed, ensuring privacy.

4.  Post-Adoption Steps
Once finalized, the adoptive parent can submit a Certificate of Adoption to the Illinois Department of Public Health to amend the adoptee’s birth certificate, reflecting the new parent-child relationship. This step is optional but often pursued for legal or personal reasons.

5. Name Change Considerations

If the adoptee is requesting a legal name change, such as adopting their adoptive parent’s surname, this can be done through the adoption petition.  While publication may not be required, it’s typically recommended to avoid any issues regarding creditors or improper motives.  

Having an experienced attorney assisting you with the process can help ensure the eligibility requirements are satisfied, complete all forms and paperwork accurately and avoid issues with errors or incomplete documentation resulting in the denial or delay of your judgment for adoption.

If you’re considering adopting an adult, such as a stepchild, or want to explore your options, our team at The Law Offices of Nagle & Giese, P.C. is here to guide you. With years of experience in family law, we provide compassionate, expert assistance to make your adoption journey seamless.

Contact us today at 630-407-1200 or visit www.dupagedivorcelawyers.com for a free consultation. Let us help you build your family with confidence and care.