Can I adopt my stepchild if I'm currently pregnant in Illinois?

Yes, you can move forward with a stepparent adoption in Illinois while you are pregnant. The Illinois requirements below concern the adoption itself, and pregnancy is not one of them. If you have a pregnancy-specific scheduling question, such as a due date that falls during your case, the Circuit Court clerk in your county can confirm how it would work.

Why some families choose to do it now:

• Legal protections for your stepchild: Adoption establishes inheritance rights automatically and gives you medical decision-making authority as the adopting stepparent.
• Benefits: Your stepchild may become eligible for Social Security and insurance benefits.
• Family unity: The law recognizes your stepchild as your child, so you may feel more settled before your new baby arrives.

What to expect in Illinois:

• Court: The case is filed in the Circuit Court in your county. Illinois has 102 counties, including Cook County (Chicago), Kane (Aurora), DuPage (Naperville), Will (Joliet) and Winnebago (Rockford).
• Residency: Illinois has no residency waiting period for a stepparent adoption (750 ILCS 50/2). The 6-month rule does not apply to a related child.
• Home study: Illinois does not require a home study for most stepparent adoptions (750 ILCS 50/6), which helps keep the process moving.
• Timeline: A stepparent adoption typically takes 3-6 months. If you want to finish before your due date, starting early gives you the most room. Your court's schedule will determine the actual dates.

Consent and the other parent:

• Your stepchild's consent: A child who is 14 or older has a consent role in the adoption (750 ILCS 50/12).
• The other biological parent: Illinois allows an abandonment-based route tied to 12 months (750 ILCS 50/1). It also has procedures for cases where the other parent cannot be located. Whether either applies to you depends on your facts. For a contested case or an unknown parent, check with the Circuit Court clerk or an attorney.
• Termination: Illinois handles this within the adoption proceeding rather than as a separate case.

What it costs: Court filing fees in Illinois typically run $200-$500, and the total typical cost is under $565. Hiring an attorney for the same case often runs $3,000-$5,000+. Fees vary by county, so the clerk can give you the exact amount.

After the adoption: