Chicago Adult Adoption Attorneys
Illinois is one of several U.S. states that permits adult adoption, in which two adults legally enter a parent-child relationship. Adult adoption may provide a number of benefits. For instance, it allows a step-parent or caregiver to ensure that a step-child or adult being cared for will share in the adopting adult's inheritance when he or she passes away. It also allows adults to ensure they will have the right to see one another in the hospital and make important decisions for one another if one of them becomes incapacitated. Also, an adult adoption may be used simply to ensure that the law recognizes an already-existing parent-child relationship.
Illinois families must meet two requirements before petitioning for adult adoption. First, the person to be adopted must live with the person adopting them for at least two years before the petition is filed. Some families may skip this requirement if the adopting adult and the adult to be adopted are "related" according to Illinois law. To be "related," the adopting adult must have one of the following relationships to the adult he or she plans to adopt:
- parent,
- grand-parent,
- brother or sister,
- step-parent, step-grandparent, step-brother, or step-sister,
- uncle or aunt,
- great-uncle or great-aunt, or
- a first cousin (the child of an uncle or aunt).
In addition, the person to be adopted must consent, or agree, to the adoption. Unlike adoptions of children under the age of 18, the parents of an adult do not have to consent to his or her adoption by another adult, and an adult adoption does not terminate the relationship between the adult to be adopted and his or her parents. Rather, an adult adoption adds a legal parent to an adult's life, allowing him or her to share in an inheritance and other legal protections. For example, a step-parent who wants to ensure that an adult step-child will inherit from the step-parent may adopt the adult step-child without damaging the adult step-child's rights to inherit from both of his or her biological parents.
Adult adoptions also avoid some of the requirements of other types of adoptions in Illinois. For instance, most adult adoptions do not require a home visit from a social worker. Home visits are usually used to ensure the adopting parent's home is safe for an incoming child, which is not always a concern when an adult is being adopted. In addition, an adult being adopted does not have to go through an adoption agency, as some children do.
Unlike some states, Illinois does not restrict adult adoption to adoptions in which one of the adults is mentally or physically incapacitated. Although Illinois allows one adult to adopt another adult in order to provide care for that person, a caretaker relationship is only one of the many situations in which an adult adoption may be an option.
The law firm of Nottage and Ward is dedicated to providing experienced and knowledgeable representation to families who wish to adopt. If you're considering an adult adoption in Illinois, contact the Chicago adoption attorneys at Nottage and Ward to see if our resources match your needs.
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