What is the residency requirement for adoption in Illinois?

Illinois has no residency waiting period for a stepparent adoption. The 6-month residency rule does not apply when you are adopting a related child, such as your stepchild (750 ILCS 50/2). If you recently moved to Illinois, you do not have to wait before starting.

What this means for you

• You do not need to count months of living in Illinois before you file.
• A recent move, a new job, or a change in your driver's license date should not hold up a stepparent adoption on residency grounds.
• The petition is filed in the Circuit Court. Illinois has 102 counties, so the clerk in your family's county can tell you where your case belongs and how that county handles filings.

Where residency doesn't apply

The residency rule is different from other parts of the process, which still matter even without a waiting period:

• Child's consent: Illinois sets the age of 14 for a child's consent (750 ILCS 50/12).
• Abandonment: Illinois refers to a 12-month period when abandonment is at issue (750 ILCS 50/1). If you think this may apply to your family's situation, an attorney or the Circuit Court clerk can tell you how it works for your facts.
• Home study: Illinois does not require a home study for most stepparent adoptions (750 ILCS 50/6).
• Other parent cannot be located: Illinois has procedures for this situation. Because every case is different, ask the court clerk or an attorney about your specific circumstances.

Timeline and cost

A stepparent adoption in Illinois typically takes about 3-6 months. An adult adoption is typically faster, at about 4-8 weeks, and requires the adult's consent. Court filing fees generally run $200-$500, and the typical total cost is under $565. Hiring an attorney commonly runs $3,000-$5,000+.

If your situation is unusual

If your family has a contested case, an unknown or missing parent, or a question about whether a particular person can be adopted, the answer depends on your facts. Confirm those points with the Circuit Court clerk in your county or with an Illinois family law attorney before you file.

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 (or for one adult adoptee) and $99 for each additional child. Your court-ready documents are delivered within 24-48 hours after you finish the questions, and everything is backed by our 100% court acceptance guarantee. We have helped 1101 Illinois families and more than 34,000 families nationally since 2001.