Gaining and Giving Consent in Illinois Adoption Cases

 Posted on May 20, 2019 in Family Law

Adoption is a great way to help a child and bring them into your family. Whether you are a same-sex couple, a couple who is unable to have children, or an unmarried individual who wants a child, adoption is a viable option. Adoption can prove to be a challenging and time-consuming process because of all of the legal hurdles you face. One element of the adoption process that can be difficult is gaining proper consent so you can finalize the adoption. Gaining consent means the appropriate parties have agreed to give all rights and responsibilities related to the child to the new adoptive parents.

Who is Required to Consent in Adoption?

If the birth mother and biological father still have parental rights and legal custody of the child, both the mother and the father (if paternity has been established) are required to consent to the adoption. If the child is no longer in the legal custody of the parents, then consent can be given by:

• The agency that has custody of the child;
• The court that has jurisdiction over the child;
• A close relative of the child;
• The legal guardian of the child or the child’s guardian ad litem; or
• Any person who has been given custody of the child.
• In the state of Illinois, if the child is at least 14 years old, he or she must consent to their adoption. It is possible the court will waive the child’s need to consent if the child is in need of mental health treatment or if they have an intellectual disability.

Giving Consent

Both of the child’s parents are required to appear before a judge to relinquish their parental rights and consent to the adoption. According to the Illinois Adoption Act, a mother cannot consent to the adoption of her child less than 72 hours after the child’s birth. The father may consent to the child’s adoption at any time before the birth or after birth. If the adoption is being completed through an agency, a representative from the agency is permitted to appear before the judge.

Revoking Consent

Revoking consent in Illinois adoption cases is not impossible, but it can only be done in certain circumstances. If a birth parent has given their consent to the adoption and they have relinquished their parental rights, the decision cannot be reversed unless the decision was obtained through duress or fraud. Any petitions against the consent must be started within 12 months of the date the consent was given. If the father gave consent before the child was born, he is permitted to revoke his consent within 72 hours of the child’s birth.

Contact a Knowledgeable Will County Adoption Lawyer 

Adoption is a complicated legal process that can test even the most steadfast prospective parents. If you have been thinking about adopting a child, seek skilled legal guidance from a compassionate Frankfort adoption attorney. At Wakenight & Associates, P.C., we have over 95 years of combined experience helping families through the adoption process. Call our office today at 815-727-6144 to schedule a free consultation.

Sources:

https://www.childwelfare.gov/pubpdfs/consent.pdf

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2098&ChapterID=59