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How do I adopt an adult in Illinois?

3 min readHelping families since 2001Illinois
In this answer · 1 sections

In Illinois, you adopt an adult by filing a petition in the Circuit Court. The adult can be adopted if they have lived in your home continuously for more than 2 years at any time before the proceeding begins, or if you are related to them within the degrees the law lists for a "related child" (750 ILCS 50/1 ('related child')). Those relationships are parent, grandparent, sibling, step-parent, step-grandparent, step-sibling, uncle or aunt, and first or second cousin.

Who can adopt: The law asks for "a reputable person of legal age." A minor may adopt only by leave of court upon good cause shown (750 ILCS 50/2(A), (B)(c)). The statute does not state an age gap between you and the adult. If age difference matters in your situation, the Circuit Court clerk or an attorney can confirm how it is handled.

Consent: Only the adult's consent is required. It must be in writing and acknowledged under 750 ILCS 50/10. The court may waive it if the adult needs mental treatment or has an intellectual disability. Consent from the adult's parents is optional, and the law provides a form for use when the adult chooses to obtain it. If you are married or in a civil union, your spouse or partner must join the petition, unless you are a former stepparent of the adult.

Residency and where to file: You must have lived in Illinois continuously for at least 6 months before filing. Armed forces members need to be domiciled for 90 days. This residency rule does not apply to a former stepparent adopting an adult. You may file in any of Illinois's 102 counties, whether that is Cook County, which includes Chicago, or counties around Aurora, Naperville, Joliet, or Rockford (750 ILCS 50/4).

Home study: An investigation is not made when the petition seeks to adopt an adult unless the court, in its discretion, orders one (750 ILCS 50/6(D)).

Hearing and timeline: The law calls for a hearing as soon as practicable after filing (750 ILCS 50/13). The statute does not spell out how the final hearing works for adults, so ask the clerk in your county how it handles them. Adult adoptions in Illinois typically take about 4-8 weeks.

Cost: Court filing fees typically run $200-$500, and the total is typically under $565. Hiring an attorney for the same process often costs $3,000-$5,000+.

Steps in order:

  • Confirm you meet the living-together or family-relationship requirement.
  • Get the adult's written, acknowledged consent, and decide whether to also seek the parents' consent.
  • Make sure your spouse or civil-union partner joins the petition, if that applies.
  • Prepare and file the petition with the Circ

Adult adoption in Illinois at a glance

Court
Circuit Court
Typical timeline
4-8 weeks
Court filing fee
Confirm the adult-adoption filing fee and any copy charges with your court.
Illinois families we've helped
1,101

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Published by Douglas Brown & the StepParent Adoption 360 team

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Page layout updated . Individual answers have different research histories. This is general information; court requirements and individual circumstances can differ. Document preparation service, not a law firm.

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