There are over 40,000 LGBTQ+ households in Illinois, according to information from the US Census Bureau. Same-sex partners raising a child are seven times more likely to be raising an adopted child, per a study by the Family Equality Council.
Illinois law allows any “reputable person of legal age and of either sex” to petition to adopt (750 Ill. Comp. Stat. § 50/2), and has recognized this right since 1995. However, navigating the adoption process successfully requires careful planning, legal guidance, and a thorough understanding of the law.
This guide offers a comprehensive look at how same-sex adoption works in Illinois — including eligibility, different adoption types, common challenges, and how an experienced family law advocate can support you each step of the way.
Illinois Adoption Laws: A Welcoming Landscape for LGBTQ+ Families
Building a family is a beautiful journey, and for many same-sex individuals and couples, adoption is the path to making that dream a reality.
Illinois is one of the most LGBTQ+-affirming states in the country when it comes to adoption rights. Since the Illinois Religious Freedom Protection and Civil Union Act of 2011, same-sex couples have enjoyed equal legal standing in adoption.
Key points to know:
- Same rights, same process: Illinois law does not differentiate between LGBTQ+ couples and heterosexual couples in adoption proceedings.
- Married couples: If you are married, both spouses must jointly file the adoption petition and adopt the child together, unless you have been separated for more than a year.
- Unmarried couples: Unmarried partners can adopt individually, but not jointly. One partner may need to adopt first, followed by a second-parent adoption by the other partner.
- Non-discrimination: State agencies and courts are explicitly prohibited from discriminating against applicants based on sexual orientation, gender identity, or marital status.
Courts are required to evaluate each adoption petition with a focus on the best interests of the child, which is the guiding standard in all Illinois family law matters.
Who Can Adopt in Illinois?
To adopt in the Prairie State, you must meet certain eligibility requirements:
- Age requirement: At least 21 years old (with certain exceptions for younger relatives of the child).
- Residency: Illinois residency is not strictly required, but many adoptions involve Illinois courts and agencies, making residency highly beneficial for prospective parents.
- Background check: Applicants must complete a fingerprint-based criminal background check and child abuse/ neglect registry clearance.
- Financial stability: You must show the ability to provide a safe and stable home, though there is no minimum income requirement.
In certain cases, the court may order a licensed social worker to conduct a home study to evaluate your household environment, parenting capacity, and motivation to adopt.
For LGBTQ+ couples, both partners should be listed as legal parents on the child’s birth certificate once the adoption is finalized, ensuring equal parental rights from the start.
Types of Adoption in Illinois
One of the first steps in beginning the adoption process is understanding the categories of adoption available in Illinois. Each type comes with its own procedures, benefits, and considerations — some of which are especially relevant for same-sex couples and LGBTQ+ individuals seeking to expand and protect their families.
Broadly speaking, here are five of the most common adoption paths in Illinois:
1) Related Adoptions
Also known as “kinship” or “family” adoptions, this occurs when a child is adopted by a biological or legal relative, such as a spouse, grandparent, aunt, uncle, older sibling, or another person who has played an important role in the child’s life.
Recent updates to Illinois law expand the definition of family to be more inclusive of those who are unrelated by birth or marriage but are shown to have close personal or emotional ties to the child or the child’s family. This can include godparents, beloved family friends, or step-relatives.
2) Standby Adoptions
Standby adoptions typically involve family members or close connections and often overlap with related adoptions. In these cases, an adoption is arranged to take effect upon the occurrence of a specific event, such as the passing of a child’s parent who is terminally ill. The parent retains their legal rights until the adoption becomes final.
This process can provide peace of mind when a biological parent wishes to ensure their child will remain with the surviving parent or another trusted person after their passing.
3) Agency Adoptions
Agency adoptions take place through a public or private agency licensed by the Illinois Department of Children and Family Services (DCFS). In these situations, the child has already been placed into the care of the state or voluntarily surrendered by the biological parents.
Adoption agencies may be connected to nonprofits, faith-based organizations, or social service providers. It’s important to note that Illinois law prohibits discrimination in agency adoptions based on sexual orientation or marital status. This means same-sex couples and individuals have the same access to children in agency care as heterosexual couples.
Illinois DCFS also manages foster-to-adopt programs, where families become foster parents first, with the possibility of moving forward to adoption if reunification with the biological family is not possible. Many families choose this path to provide loving, stable homes while working toward permanency.
4) Private Adoptions
Also referred to as “independent” or “non-agency” adoptions, private adoptions involve an agreement directly between the adoptive parents and the child’s biological parents. In many cases, this occurs soon after the child’s birth.
Private adoption may also include open adoption agreements, in which biological parents maintain some form of contact after adoption. While these arrangements can be rewarding, it’s crucial to speak with an attorney about the enforceability of open adoption contracts in Illinois.
5) Adult Adoptions
Adoption isn’t limited to children. In Illinois, adults 18 and older can be adopted by relatives or, under certain conditions, by unrelated adults with whom they’ve lived for at least two consecutive years.
For LGBTQ+ individuals and same-sex couples, adult adoption can be a way to formalize parent-child relationships that were never legally established earlier in life, secure inheritance rights, or provide stability and long-term care. This process can be useful for protecting chosen family relationships that carry deep personal meaning.
Building Your Family with Confidence
Navigating the adoption process can feel overwhelming, but in Illinois, the law is firmly on your side.
The state’s legal framework is built on the principle that what matters most is a child’s well-being, and it proudly recognizes that loving, stable homes are created by people of all sexual orientations.
Whether you are just beginning to explore your options or are ready to take the next step, having a knowledgeable family law attorney to guide you is invaluable. At the Law Offices of J. Jeltes, our experienced advocates can help you understand your rights, manage the extensive paperwork, and represent you in court, ensuring the process is as smooth and joyful as possible.
Our team is dedicated to helping LGBTQ+ families like yours navigate every step of the process with compassion and expertise. If you are ready to learn more about starting your adoption journey in Illinois, reach out to us today!
