What if the biological parent lives in Illinois but I live in another state?

Where you file depends on where you and the child live, and the other parent living in Illinois does not by itself settle that. If you live in another state, please confirm with the Circuit Court clerk in the Illinois county involved, or with an attorney, whether an Illinois court is the right place for your case. That depends on the facts of your family, so it is worth checking before you file anything.

If your case is filed in Illinois: Here is how a stepparent adoption works in the Illinois Circuit Court, which sits in each of the state's 102 counties.

• Residency: Illinois has no residency period for a stepparent adoption (750 ILCS 50/2).
• Home study: Illinois does not require one for most stepparent adoptions (750 ILCS 50/6).
• Child's consent: A child who is 14 or older has a consent role under 750 ILCS 50/12.
• Termination: There is no separate termination case. Illinois handles it within the adoption proceeding.
• Timeline: A stepparent adoption typically takes 3-6 months.

If the other parent is cooperative: Having the biological parent in Illinois while you live elsewhere can make the process easier to coordinate, because they are available to take part in the case. How their consent is signed and delivered, and how they are formally notified, are details the Circuit Court clerk can confirm for your situation.

If the other parent is not cooperative or cannot be found: Illinois has procedures for cases where the other parent cannot be located. Illinois also sets a 12-month abandonment period under 750 ILCS 50/1. Whether it applies depends on your specific facts. Contested cases and unknown-parent cases are where speaking with an attorney is most worthwhile.

What it costs in Illinois: Court filing fees run about $200-$500 depending on the county, and the typical total for a family filing without an attorney is under $565. Attorney-handled adoptions commonly run $3,000-$5,000+.

Questions to ask the clerk:

• Can a stepparent who lives out of state file in this county, and what does the court need to show about where the child lives?
• How should the biological parent in Illinois receive notice and give consent?
• Are there county-specific forms or local filing steps?

How we help: StepParent Adoption 360 is a document preparation service, not a law firm. We have helped 1101 Illinois families, and 34,000+ families nationally since 2001. 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 (or one adult adoptee) and $99 for each additional child. Court-ready documents are delivered within 24-48 hours after you finish the questions, and our work is backed by a 100% court acceptance guarantee.