Can a Stepparent Adopt a Child in Illinois?

 Posted on September 29, 2026 in Family Law

Becoming a stepparent can mean taking on an important role in a child’s life, and for some families, adoption is the next step toward making that bond permanent. If you're considering adopting your stepchild in 2026, A Wheaton, IL adoption attorney at Smit Zaruba P.C.can guide you through the process. Our legal representatives have over 45 years of combined experience they can use to bring your family together.

What Does Illinois Law Say About Stepparent Adoption?

Under 750 ILCS 50/1 of the Illinois Adoption Act, a stepchild is considered a "related child" for adoption purposes. This allows a stepparent to become the child’s legal parent through adoption.

After the adoption is finalized, the stepparent has the same legal responsibilities toward the child as a biological parent. The child also gains legal rights through the adoptive parent, including inheritance rights.

Does the Child’s Other Parent Have to Agree to a Stepparent Adoption in Illinois?

If the child’s other legal parent is still alive, they typically must consent to a stepparent adoption in Illinois. Under 750 ILCS 50/8, the required consent allows the adoption to move forward and ends that parent’s legal rights and responsibilities once the adoption is finalized.

This means a stepparent adoption does not simply add another legal parent to the family. In a typical case, the stepparent takes the legal place of the child’s other parent.

There are situations in which an adoption can proceed without the other parent’s consent, such as when a court finds that parent legally unfit. When consent is disputed or unavailable, the adoption becomes more complicated and requires the court to determine whether Illinois law allows it to proceed.

Can a Stepparent Adopt in Illinois if the Other Parent Has Not Been Involved in the Child’s Life?

An absent parent does not automatically lose parental rights in Illinois. However, the absent parent's history with the child can become important when the court is asked to approve an adoption without consent.

Illinois law recognizes several grounds for parental unfitness. These include abandonment and failing to maintain a reasonable degree of interest, concern, or responsibility for the child’s welfare.

Does a Stepchild Have to Agree to the Adoption in Illinois?

A child who is 14 or older generally must give written consent to an Illinois adoption. The law provides limited exceptions to this requirement for certain children with an intellectual disability or a need for mental treatment.

Children under 14 do not have the same written consent requirement. Even so, parents should consider how the child feels about the adoption and explain what the change will mean in an age-appropriate way.

What Is the Stepparent Adoption Process in Illinois?

A stepparent begins the adoption process by filing a petition with the court. The case must also address the parental rights of the child’s other legal parent and obtain any required consents.

Because Illinois law treats a stepparent adoption as a related adoption, some requirements that apply to other adoptions are different. For example, the general six-month Illinois residency requirement for adoptive parents does not apply when adopting a related child.

Once the requirements have been met, the court can enter a judgment of adoption. The stepparent then becomes the child’s legal parent.

What Changes After a Stepparent Adoption in Illinois Is Final?

Adoption creates a permanent legal parent-child relationship. This gives the adoptive parent important rights while also creating responsibilities that continue into the future.

After the adoption:

• The stepparent has legal authority as the child’s parent.
• The stepparent has a duty to financially support the child.
• The child receives inheritance rights through the adoptive parent.
• The parental rights of the parent that's been replaced end.

These legal changes do not disappear if the adults later divorce. Stepparents considering adoption should understand that they are taking on a permanent parental role.

Contact a Wheaton, IL Adoption Attorney

Choosing to adopt your stepchild is exciting, but it can be a long and arduous legal road. The lawyers at Smit Zaruba P.C. can help walk you through the entire process to ensure every detail is handled appropriately.

To discuss your family's next steps, contact our DuPage County, IL adoption lawyers or call 630-480-7600 to schedule a consultation.