Can both my spouse and I adopt each other's children from prior relationships in Illinois?

Yes, in Illinois you can each pursue a stepparent adoption of the other's child. You would adopt your spouse's child, and your spouse would adopt yours, so that both of you can become legal parents to every child in your family. Each adoption is filed in the Circuit Court. Whether the two are filed together or one after the other is a local question for the Circuit Court clerk in your county.

What applies to each adoption:

• Residency: There is no residency period for a stepparent adoption. The 6-month rule does not apply to a related child (750 ILCS 50/2).
• Child's consent: Illinois sets the child consent age at 14 (750 ILCS 50/12). If a child in your family is 14 or older, plan for that child's consent to be part of the process.
• The other parent: Each child's other parent is a separate question. Illinois uses a 12-month abandonment period (750 ILCS 50/1), and it has procedures for cases where the other parent cannot be located. If either child's other parent is unreachable or may object, talk to the clerk or an attorney about that situation.
• Home study: Illinois does not require a home study for most stepparent adoptions (750 ILCS 50/6).
• Adult children: If a child is an adult (18 or older), Illinois allows adult adoption with that adult child's consent. The typical timeline is 4-8 weeks.

Timeline: A stepparent adoption in Illinois typically takes 3-6 months. How two adoptions are scheduled together depends on your county, so the clerk can tell you what to expect.

Cost: Court filing fees in Illinois typically run $200-$500, and the typical total cost is under $565. Hiring an attorney commonly costs $3,000-$5,000+. If you are filing two adoptions, ask the clerk whether the court charges a fee for each one.

After the adoption: Adoption gives the adopting stepparent legal standing in matters such as inheritance rights, medical decision-making and Social Security and insurance benefits eligibility. For updated birth records, the Illinois Department of Public Health Division of Vital Records is the agency that handles them, and the clerk can explain how to request them after your order is entered.

Things to confirm locally: The rules above cover each adoption on its own.