Can a step-grandparent adopt a grandchild in Illinois?

Illinois's stepparent adoption process is built for a stepparent who is married to the child's parent, so whether a step-grandparent can adopt a grandchild depends on your family's facts. The Circuit Court clerk in your county, or an attorney, can confirm that for your situation. Here is what applies in Illinois and how it relates to your question.

Start with who you are to the child. If you are married to the child's parent, the law treats you as a stepparent, and the stepparent adoption process is the one to look at. If the relationship is different, such as a grandparent who is not married to the child's parent, ask the clerk or an attorney which process fits before you file anything.

What Illinois says about stepparent adoption:

• Court: You file a petition in the Circuit Court in your county. Illinois has 102 counties, including Cook County's Chicago and the areas around Aurora, Naperville, Joliet and Rockford.
• Residency: There is no residency period for a stepparent adoption of a related child (750 ILCS 50/2).
• Home study: Illinois does not require a home study for most stepparent adoptions (750 ILCS 50/6).
• Child's consent: The child's own consent comes into play at age 14 (750 ILCS 50/12).
• Absent parent: Illinois uses a 12-month period in its abandonment provision (750 ILCS 50/1) and has procedures for cases where the other parent cannot be located. These situations depend heavily on the facts, so talk with the clerk or an attorney about a contested case or an unknown parent.
• Timeline: A stepparent adoption typically takes 3-6 months.

If the person being adopted is an adult: Illinois allows adult adoption with the adult's consent, and the typical timeline is 4-8 weeks.

What it costs: Court filing fees run $200-$500, and the typical total is under $565 when you file without an attorney. Attorney-handled adoptions commonly run $3,000-$5,000+.