Can I adopt my stepchild who is a newborn or infant in Illinois?

Yes, you can ask the Illinois Circuit Court to approve a stepparent adoption of your newborn or infant stepchild, and Illinois has no residency waiting period for a stepparent adoption. The residency rule (750 ILCS 50/2) does not apply to a related child, so you do not have to wait out a set period of living in the state before you file. The Circuit Court in your county handles the case. If you want to know whether a baby's age affects when you can file, the Circuit Court clerk in your county can confirm that for you.

What matters most with a baby:

• The other parent. The other biological parent's role is usually the biggest question in an infant case. Illinois sets an abandonment period of 12 months (750 ILCS 50/1). With a newborn, how that period applies depends on your specific facts, so ask the clerk or an attorney about your situation.
• If the other parent cannot be located. Illinois has procedures for this, and they are handled within the adoption proceeding. A contested case or an unknown parent is the point where an attorney's advice about your particular facts is worth getting.
• The child's consent. In Illinois a child's consent applies at age 14 (750 ILCS 50/12). An infant is far younger than that, so the child's own consent is not part of your case.

Home study: Illinois does not require a home study for most stepparent adoptions (750 ILCS 50/6). That can spare a family with a new baby a lot of extra appointments.

Timeline and cost:

• A stepparent adoption in Illinois typically takes 3-6 months.
• Court filing fees run about $200-$500 depending on the county.
• With our service, the typical total is under $565. Hiring an attorney commonly costs $3,000-$5,000+.

Why families adopt early: A stepparent adoption gives the child inheritance rights and puts you in a position to make medical decisions for them. It can also help with Social Security and insurance benefits eligibility, and it gives your family legal recognition. After the adoption is final, the Illinois Department of Public Health Division of Vital Records is the agency that handles birth records. The clerk can tell you the steps for updating your child's birth certificate.

Before you file: Check a few things with the Circuit Court clerk in your county. Ask what local forms are required, what the exact filing fee is, and whether any step is different for a very young child. Counties across Illinois, from Chicago and Aurora to Naperville, Joliet and Rockford, can vary in their paperwork and procedures.

How we help: StepParent Adoption 360 is a document preparation service, not a law firm.