Adult adoption in Illinois is a short court process that turns another adult into your legal child. It’s available when the person you want to adopt is either related to you or has lived in your home for at least two continuous years before you file.1Justia. Illinois Code 750 ILCS 50 – Adoption Act There is no home study, no notice to biological parents, and no waiting period once the adult signs a consent. The judgment carries the same legal weight as any other adoption: a full parent-child relationship with inheritance rights and updated government records.
Who Qualifies
Section 3 of the Adoption Act sets two paths. The adult (anyone 18 or older) must either be related to you within the degrees listed in the Act, or must have lived in your home for more than two continuous years before the case is filed.1Justia. Illinois Code 750 ILCS 50 – Adoption Act
The residency path trips people up. A close friend of thirty years does not qualify unless they actually resided with you for those two consecutive years. Stepchildren, former foster children, and other family members usually satisfy the relative condition on their own.
If you are married or in a civil union, your spouse or partner generally has to join as a co-petitioner, and the adoption becomes a joint adoption by both of you. Two exceptions: a former stepparent adopting a former stepchild does not need the current spouse to join, and a spouse who has lived apart from the petitioner for 12 months or longer is also excused from joining.2Illinois General Assembly. Illinois Code 750 ILCS 50/2
Whose Consent Is Required
Only the adult being adopted has to consent. Section 8(e) of the Adoption Act says so directly.3Illinois General Assembly. Illinois Code 750 ILCS 50 – Adoption Act – Section 8(e) Biological parents have no veto and do not need to be notified.
The consent has to be in writing and follow the statutory form in Section 10. The adult states their name, address, and age, agrees to the adoption by the named petitioner or petitioners, formally appears in the case, and waives service of summons. Section 10 also contains an optional consent form a biological parent may sign if the adult being adopted chooses to obtain it, but this is entirely voluntary and does not affect whether the court approves the adoption.4Illinois General Assembly. Illinois Code 750 ILCS 50/10
Notarization of the consent isn’t strictly required by statute, but many courts expect it and it removes any doubt about identity at the hearing. Make sure names match exactly across the petition, the consent, and any identification like a birth certificate or state ID.
What Goes in the Petition
The petition for an adult adoption is short. Section 5(C) requires:5Illinois General Assembly. Illinois Code 750 ILCS 50/5 – Petition, Contents, Verification, Filing
- The full name of each petitioner, plus age if any petitioner is a minor.
- Each petitioner’s current address and how long they have lived in Illinois immediately before filing.
- The adult adoptee’s full name, date and place of birth, and sex.
- The new name the adult will take after the adoption, if changing.
You do not need to list biological parents, describe how custody was acquired, or show financial ability to support the adoptee. There is no placement period or waiting window before filing.5Illinois General Assembly. Illinois Code 750 ILCS 50/5 – Petition, Contents, Verification, Filing The petition must be verified, meaning signed under oath. File the adult’s signed written consent along with it.
Filing, Fees, and the Hearing
All Illinois court filings go through the statewide e-filing platform, eFileIL. Self-represented filers can create an account with any approved electronic filing service provider and submit documents around the clock.6State of Illinois Office of the Illinois Courts. eFileIL – Statewide E-Filing Once the clerk processes the submission, you get a case number and a hearing date.
Filing fees vary by county. Cook County charges $89 for an adoption filing.7Cook County Circuit Court. New, Lower Court Fees for Adoptions Are Making It Easier for Children in Cook County to Find Forever Homes Check your county Circuit Clerk’s schedule before you file, and apply for a fee waiver if you cannot afford the charge.
The court does not order a home study, a background check, or a guardian ad litem investigation. Those requirements apply to minor adoptions and are excluded from adult proceedings. The case moves on the paperwork and the hearing.
The hearing itself is brief. Both petitioners and the adult adoptee appear before a judge, who reviews the petition and consent, confirms the eligibility requirements are met, and asks whether everyone understands the legal consequences. A judgment can be entered at any time after the adult has consented; there is no mandatory gap between filing and hearing.8Illinois General Assembly. Illinois Code 750 ILCS 50 – Adoption Act – Section 14(f-1) If the judge is satisfied, they sign the Final Judgment of Adoption. Ask the clerk for at least two certified copies before leaving; you will need them for every follow-up step.
What the Adoption Actually Changes
Once the judgment is entered, the adopted adult becomes the legal child of the adoptive parent for all purposes. The practical effects are larger than they first sound.
The adopted adult gains full inheritance rights from the adoptive parent and the adoptive parent’s family. If the adoptive parent dies without a will, the adopted adult inherits the same share as any biological child. Group bequests in existing wills and trusts that reference “my children” or “my descendants” generally include the newly adopted person.
The flip side matters just as much. The adoption can sever the legal relationship with the biological family, so an adult adopted into a new family may lose inheritance rights from biological parents and their relatives. A biological grandparent’s trust leaving money “to my grandchildren” may no longer treat the adopted adult as a grandchild. Review existing estate plans on both sides of the family before filing. Irrevocable trusts are especially tricky because they often cannot be modified to account for a new adoption.
New Birth Certificate
After the adoption, the Illinois State Registrar of Vital Records issues a new birth certificate showing the adoptive parents as the legal parents. The court sends a certificate of adoption or a certified copy of the order, plus the information needed to identify the original birth record. The fee is $15, which includes one certified copy; additional copies are $2 each.9Illinois General Assembly. Illinois Code 410 ILCS 535/17 The original certificate is sealed. The court, the adoptive parents, or the adopted adult can request that no new certificate be issued if they prefer to leave the original record intact.
Social Security, ID, and Name
To update the Social Security card, the adopted adult visits a local Social Security office with the certified Final Judgment of Adoption and the new birth certificate. SSA links records by Social Security number, so earnings history and benefits stay intact; only the name on the card changes. Update your Illinois driver’s license or state ID through the Secretary of State, and notify employers, financial institutions, and insurance providers of the name and legal status change.
What Adult Adoption Does Not Do
Several benefits people associate with adoption are limited to minors and do not follow from adopting an adult.
The federal adoption tax credit applies only to children under 18, or to those physically or mentally incapable of self-care.10Internal Revenue Service. Adoption Credit Adopting someone already 18 or older generates no credit, regardless of what the process costs.
Social Security survivor benefits for children have age limits too. An adopted child can receive up to 75% of a deceased parent’s basic benefit, but only if the child is under 18, between 18 and 19 and still in secondary school, or 18 or older with a disability that began before age 22.11Social Security Administration. Benefits for Children A healthy adult adopted at 25 would not qualify.
Adult adoption does not create a green card or citizenship path. Federal immigration law requires the adopted person to have met the definition of a “child” (unmarried and under 21) at some point while the legal parent-child relationship existed, in order to qualify for family-based immigration benefits.12U.S. Citizenship and Immigration Services. USCIS Policy Manual Volume 5, Part E, Chapter 2 – Eligibility Someone adopted for the first time as an adult never meets that requirement. The Child Citizenship Act of 2000 likewise requires the adopted person to satisfy its conditions before turning 18.13U.S. Citizenship and Immigration Services. Adult Adoptees and U.S. Citizenship If immigration is part of the reason for adopting, talk to an immigration attorney before filing.
Health insurance is the one place where an adopted adult under 26 may benefit. Under the Affordable Care Act, an adult child can stay on a parent’s employer-sponsored plan until age 26, regardless of tax dependency, marital status, having children, or living outside the parent’s home.14HealthCare.gov. Health Insurance Coverage For Children and Young Adults Under 26 An adopted adult who is 26 or older cannot use this provision.
Can the Adoption Be Undone?
Illinois allows an adoption judgment to be attacked on jurisdictional grounds. A person who should have been included in the proceedings but was not can seek to have the judgment set aside, but only to the extent it affects them.15Illinois General Assembly. Illinois Code 750 ILCS 50/20 If an adoption is annulled, the original birth certificate is restored and the new one is sealed. Contested adult adoptions are rare because the adult’s own consent is the only consent needed and jurisdiction is usually straightforward. Getting the procedural details right at filing is the best protection against a later challenge.