We divorced and remarried — can my spouse adopt my child now in Illinois?

Yes, a stepparent adoption is available in Illinois for the spouse you remarried, and your earlier divorce does not stop you from starting the process. The Circuit Court in your county handles the case. If you want to know how a judge would weigh your divorce and remarriage history in your situation, the Circuit Court clerk or an attorney can confirm that.

What Illinois asks of you:

• Residency: There is no residency period for a stepparent adoption in Illinois, so you do not have to live in the state for a set time first (750 ILCS 50/2).
• Home study: Illinois does not require a home study for most stepparent adoptions (750 ILCS 50/6).
• Your child's consent: If your child is 14 or older, the child's consent comes into play (750 ILCS 50/12).
• The other parent: This is the part that depends most on your family's facts. Illinois sets a 12-month period for abandonment (750 ILCS 50/1) and has procedures for cases where the other parent cannot be located. Whether either applies to you depends on your circumstances. If the other parent's role is contested or unclear, ask the clerk or an attorney about your specific situation.

What your divorce and remarriage mean in practice: Your history is part of your family's story, but the adoption process itself is built around the stepparent relationship, the child, and the other parent's situation. If you have questions about paperwork connected to your divorce, such as old custody or support orders, the Circuit Court clerk in your county can tell you what the court expects to see.

Timeline and cost:

• Timeline: A stepparent adoption in Illinois typically takes 3-6 months.
• Court filing fees: These typically run $200-$500, depending on your county.
• Total cost: A typical total is under $565 when you prepare and file the paperwork yourself. Attorney-handled adoptions commonly run $3,000-$5,000+.

Why this matters for your family: Adoption can establish inheritance rights, give your spouse medical decision-making authority for your child, open eligibility for Social Security and insurance benefits, and give your family's bond legal recognition.

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. You then file it yourself, without an attorney. The price is $349 for the first child and $99 for each additional child. Your court-ready documents arrive within 24-48 hours after you finish the questions, and we back them with a 100% court acceptance guarantee. We have helped 1101 Illinois families, and more than 34,000 families nationally since 2001.