Stepparent Adoption in Illinois
Reviewed by DocDraft Legal Team - Illinois - Last updated October 6, 2026
In Illinois a stepparent adoption is a related child adoption under the Adoption Act, 750 ILCS 50, filed in the circuit court of any county under 750 ILCS 50/4, with the stepparent and the parent spouse usually petitioning jointly. The other legal parent must consent unless the court finds that parent to be an unfit person, as defined in 750 ILCS 50/1(D), by clear and convincing evidence under 750 ILCS 50/8(a)(1). Grounds include desertion for more than 3 months next preceding the start of the case, and intent to forgo parental rights shown by a 12 month failure to visit, to communicate although able and not prevented by an agency or court order, or to maintain contact or plan for the child's future although physically able. No investigation is made for a related child unless the court orders one, the 6 month residence rule does not apply, and a child 14 or older must consent in writing. Illinois has no statewide approved adoption petition form, so ask the circuit clerk about local forms.
Find out where you stand in Illinois
Where are you with adopting your stepchild?
DocDraft provides document preparation, not legal advice.
Can a stepparent adopt in Illinois without the other parent's consent?
Only if the court finds that parent unfit by clear and convincing evidence after service, on a 750 ILCS 50/1(D) ground such as desertion for more than 3 months next preceding filing, or a 12 month failure to visit, to communicate although able and not prevented by an agency or court order, or to keep contact although physically able.
Which court and which form are used for a stepparent adoption in Illinois?
You file in the circuit court, and 750 ILCS 50/4 lets an adoption be commenced in any county in Illinois. The Illinois Supreme Court's list of approved statewide forms has no adoption petition, so the petition is drafted to meet 750 ILCS 50/5(C) and verified. Ask the circuit clerk whether the county has local adoption forms.
Is a home study required for a stepparent adoption in Illinois?
Not automatically. A stepchild is a related child under 750 ILCS 50/1(B), and 750 ILCS 50/6(D) says the investigation shall not be made for a related child unless the court, in its discretion, orders one. If it does, the court may appoint a person it deems competent and decides whether you pay the cost.
At what age must the child consent to a stepparent adoption in Illinois?
Under 750 ILCS 50/12, a child who is 14 or older on the date the judgment is entered must consent in writing, acknowledged as Section 10 requires. The court may waive this only if the child is in need of mental treatment or has an intellectual disability. A younger child's consent is not required by that section.
Illinois treats a stepchild as a related child, and consent turns on unfitness
Illinois handles stepparent adoption under the Adoption Act, 750 ILCS 50, as the adoption of a related child: 750 ILCS 50/1(B) lists step-parent among the relationships that qualify. The case is filed in the circuit court, and 750 ILCS 50/4 lets it be commenced in any county. Under 750 ILCS 50/2(A)(a), a married petitioner's spouse must be a party and the adoption is by both spouses jointly, unless they have been living separate and apart for 12 months or longer, so the parent spouse usually signs the petition too; that verification counts as the parent's consent under 750 ILCS 50/8(b)(5), and 750 ILCS 50/17 lets a parent who is also a petitioner keep all parental rights. The other parent's consent is required unless the court finds that parent to be an unfit person as defined in Section 1, by clear and convincing evidence, under 750 ILCS 50/8(a)(1). The 50/1(D) grounds most often raised in stepparent cases are abandonment, failure to maintain a reasonable degree of interest, concern, or responsibility as to the child's welfare, desertion of the child for more than 3 months next preceding the commencement of the adoption proceeding, and evidence of intent to forgo parental rights shown by a failure for a period of 12 months to visit the child, to communicate with the child or agency although able to do so and not prevented by an agency or court order, or to maintain contact with or plan for the future of the child although physically able. Contact that does not demonstrate affection and concern does not count, and the parent's ability to visit and communicate is presumed absent contrary evidence. The other parent is named as a defendant and served, by publication if they cannot be found after diligent inquiry (750 ILCS 50/7). No investigation is made for a related child unless the court orders one (750 ILCS 50/6(D)), the 6 month residence rule does not apply (750 ILCS 50/2(B)(a)), a child 14 or older must consent in writing (750 ILCS 50/12), and judgment may be entered any time after service of process and the return day (750 ILCS 50/14(f)). The statewide approved forms list has no adoption petition, so ask the circuit clerk about local forms.
Relevant Laws
750 ILCS 50/8 (Consents to adoption)
Consents are required in all cases unless the court finds the person to be an unfit person as defined in Section 1, by clear and convincing evidence, or another listed exception applies. Subsection (b)(5) makes a parent-petitioner's verification of the petition sufficient evidence of that parent's consent.
750 ILCS 50/1 (Definitions, including related child and unfit person)
Subsection B makes a stepchild a related child. Subsection D lists the unfitness grounds, including abandonment, desertion for more than 3 months next preceding the commencement of the proceeding, and intent to forgo parental rights shown by a 12 month failure to visit, to communicate although able and not prevented by an agency or court order, or to maintain contact or plan for the child's future although physically able.
750 ILCS 50/6 (Investigation)
Subsection D provides that the investigation shall not be made when the petition seeks to adopt a related child or an adult unless the court, in its discretion, orders it, in which case the court may appoint a person it deems competent. Subsection C lets the court decide whether the petitioners pay the cost.
Illinois Courts: Approved Statewide Forms
The Illinois Supreme Court's list of approved statewide circuit court forms, including the fee waiver for civil cases. The list has no adoption petition, so a stepparent adoption petition is drafted to meet 750 ILCS 50/5 and filed with the circuit clerk, who can tell you about any local forms.
Regional Variances
Illinois stepparent adoption requirements
Court
Circuit court; an adoption proceeding may be commenced in any county in Illinois (750 ILCS 50/4).
Petition form
No statewide approved adoption petition. A verified petition with the related child contents in 750 ILCS 50/5(C), filed with the circuit clerk; ask the clerk about local forms.
Other parent's consent
Required under 750 ILCS 50/8(a) unless an exception applies. The parent spouse joins as a party (50/2(A)(a)) and that parent's verification of the petition is their consent (50/8(b)(5)).
Proceeding without consent
The court must find the other parent unfit, as defined in 750 ILCS 50/1(D), by clear and convincing evidence (50/8(a)(1)). Grounds include abandonment; desertion for more than 3 months next preceding the commencement of the proceeding (1(D)(c)); and a 12 month failure to visit, to communicate although able and not prevented by an agency or court order, OR to maintain contact or plan for the future although physically able (1(D)(n)). The parent is named and served, by publication if not found (50/7).
Home study
Not made for a related child, which includes a stepchild, unless the court in its discretion orders it (750 ILCS 50/6(D); 50/1(B)).
Residency or waiting period
The 6 month residence rule does not apply to a related child (750 ILCS 50/2(B)(a)). Judgment may be entered any time after service of process and the return day (50/14(f)). No minimum marriage length in the Act.
Child's consent age
14 or older on the date of judgment, in writing and acknowledged; the court may waive it only if the child is in need of mental treatment or has an intellectual disability (750 ILCS 50/12).
Suggested Compliance Checklist
Decide the consent route for the other parent
Before filing days after startingAsk for a signed, acknowledged consent first. If you will rely on unfitness, gather proof for a 750 ILCS 50/1(D) ground, such as desertion for more than 3 months next preceding filing, or a 12 month failure to visit, to communicate although able and not prevented by an agency or court order, or to maintain contact or plan for the future although physically able. The court must find unfitness by clear and convincing evidence, and the parent must still be named and served.
File the verified petition in circuit court
At filing days after startingFile a petition with the related child contents of 750 ILCS 50/5(C), verified by you and your spouse, with the circuit clerk in any Illinois county. Give the clerk the information needed for the certificate of adoption (50/5(E)) and pay the local fee or ask about the fee waiver.
Serve every defendant and track any court-ordered investigation
After filing, before the hearing days after startingServe the other parent and the child as defendants under 750 ILCS 50/7, and file the diligent inquiry affidavit if publication is needed. Ask whether the court will order a 50/6(D) investigation or appoint a guardian ad litem in your case.
Gather the written consents
Before judgment days after startingCollect the other parent's consent, unless unfitness is proved, and the written consent of a child 14 or older on the judgment date (750 ILCS 50/12). Each consent must be acknowledged before a judge or a person the court designates, other than your attorney (50/10(H)).
Confirm the child's new name and update records
After the judgment days after startingThe petition states the name to be given the child, so check it before filing. After judgment, order certified copies for schools, Social Security, and passports while the new Illinois birth certificate is issued under 410 ILCS 535/17. A separate name change petition is needed only for changes outside the adoption.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Decide the consent route for the other parent | Ask for a signed, acknowledged consent first. If you will rely on unfitness, gather proof for a 750 ILCS 50/1(D) ground, such as desertion for more than 3 months next preceding filing, or a 12 month failure to visit, to communicate although able and not prevented by an agency or court order, or to maintain contact or plan for the future although physically able. The court must find unfitness by clear and convincing evidence, and the parent must still be named and served. | - | Before filing |
| File the verified petition in circuit court | File a petition with the related child contents of 750 ILCS 50/5(C), verified by you and your spouse, with the circuit clerk in any Illinois county. Give the clerk the information needed for the certificate of adoption (50/5(E)) and pay the local fee or ask about the fee waiver. | - | At filing |
| Serve every defendant and track any court-ordered investigation | Serve the other parent and the child as defendants under 750 ILCS 50/7, and file the diligent inquiry affidavit if publication is needed. Ask whether the court will order a 50/6(D) investigation or appoint a guardian ad litem in your case. | - | After filing, before the hearing |
| Gather the written consents | Collect the other parent's consent, unless unfitness is proved, and the written consent of a child 14 or older on the judgment date (750 ILCS 50/12). Each consent must be acknowledged before a judge or a person the court designates, other than your attorney (50/10(H)). | - | Before judgment |
| Confirm the child's new name and update records | The petition states the name to be given the child, so check it before filing. After judgment, order certified copies for schools, Social Security, and passports while the new Illinois birth certificate is issued under 410 ILCS 535/17. A separate name change petition is needed only for changes outside the adoption. | name-change-petition | After the judgment |
Frequently Asked Questions
Other Illinois guides
Adverse Possession in Illinois: Which of the Clocks Is Yours, Twenty Years or Seven
Asset Protection Planning in Illinois (2026)
Dealing With Debt Collectors in Illinois (2026)
Expunging a Criminal Record in Illinois (2026)
Filing a Workplace Harassment Complaint in Illinois
Filing Chapter 7 Bankruptcy in Illinois (2026)
Ready to Draft Your Document?
Get AI-powered legal documents with attorney review included. Plans start at $39.99/mo.
Get Started