How old do you have to be to adopt in Illinois?

In Illinois, you must be "a reputable person of legal age" to adopt, which means an adult (18), and a minor may adopt only "by leave of court upon good cause shown" (750 ILCS 50/2(A)(a), (b)). For a stepparent, that is the age rule. It applies whether you are adopting your spouse's child or, in some cases, an adult.

What the age rule means for you

• If you are an adult, you meet the basic age requirement. The statute asks that you be a reputable person, and the Circuit Court decides that when it reviews your case.
• If you are under 18, the Circuit Court would have to give permission and find good cause. A situation like that depends on your specific facts, so talk to the Circuit Court clerk or an attorney.
• Illinois does not state a required age gap between you and the child. If you have a question about the age difference in your family, the Circuit Court clerk in your county can confirm how it is handled.

The child's age matters too

• A child who is 14 or older must give consent to the adoption (750 ILCS 50/12).
• You do not need to have lived in Illinois for any set period before filing a stepparent adoption. The usual 6-month rule does not apply to a related child (750 ILCS 50/2).
• Illinois does not require a home study for most stepparent adoptions (750 ILCS 50/6).
• Where the other parent is involved, the abandonment period is 12 months (750 ILCS 50/1). If the other parent cannot be located or the case is contested, the details depend on your facts, so ask the clerk or an attorney about your specific situation.

Adopting an adult

Illinois allows adult adoption, and only the adult's own consent is required. The adult must have lived in your home continuously for more than 2 years at any time before the proceeding begins, or you must be related to the adult within the degrees the statute lists. Those degrees include step-parent, step-grandparent, step-sibling, parent, grandparent, sibling, uncle or aunt, and first or second cousin. The court can waive the adult's consent if the adult needs mental treatment or has an intellectual disability. Investigations are not made for an adult adoption unless the court orders one (750 ILCS 50/6).

Where and how long

Your case is filed in the Circuit Court. Illinois has 102 counties, and a stepparent adoption typically takes 3-6 months, while an adult adoption typically takes 4-8 weeks. Court filing fees generally run $200-$500, and the typical total cost is under $565. Hiring an attorney commonly costs $3,000-$5,000 or more.

How we help

StepParent Adoption 360 is a document preparation service, not a law firm. You answer questions online, and we prepare the complete court document package for your county.