How to File a Second Parent Adoption in Illinois

To file a second-parent adoption in Illinois, you file a Petition for Adoption in the circuit court where you or the child lives, with your spouse or partner (the existing legal parent) joining as co-petitioner, then clear any other biological parent’s rights, submit the required consents, complete background checks, and attend a final hearing where the judge signs the Judgment of Adoption. The process is governed by the Illinois Adoption Act, 750 ILCS 50/, and how involved it gets depends largely on whether you and your partner are legally married or in a civil union.

Who Can File

You must be of legal age and “reputable” character and have lived in Illinois continuously for at least six months before filing. Active-duty military members need only 90 days of domicile.¹

If you are married to or in a civil union with the child’s legal parent and you have not been living apart for 12 months or more, your spouse or partner must join the petition as a co-petitioner. That co-filing is what makes second-parent adoption work: the court recognizes the existing parent’s rights and adds you as the second legal parent without disturbing them.¹

Unmarried partners can still pursue a second-parent adoption, but the child is not a “related child” under the statute. That reclassification triggers a mandatory home investigation and a fuller background check package, which lengthens the timeline and adds cost.

Resolve the Other Biological Parent’s Rights First

Before the court will grant the adoption, any existing legal parent who is not part of the new family arrangement must be dealt with. You cannot adopt over a legal parent whose rights are still intact.

There are three ways this resolves. The other parent voluntarily consents, which surrenders their rights. The court finds the parent unfit on grounds such as abandonment, neglect, or failure to show reasonable interest in the child’s welfare. Or the other parent is deceased.²

If a biological father is listed on the birth certificate, or has established paternity through a court order or acknowledgment, his consent or a finding of unfitness is required.² Where no second legal parent exists on the birth certificate, this step may not be an obstacle.

File the Petition

The case opens with a formal Petition for Adoption filed in the circuit court of the county where you or the child lives. The petition must include the child’s full legal name, sex, and date of birth, and your own name, address, and length of Illinois residency.³

Petition forms are typically available at the local circuit clerk’s office. If the child qualifies as a related child because you are the spouse or civil union partner of the existing parent, the petition can be filed at any time. Non-related adoptions carry timing rules tied to when the child was placed in your care.³

Get the Required Consents

The existing legal parent must formally consent to the adoption. Without that consent, the court cannot grant the petition. If the child is 14 or older, the child must also personally consent by signing a separate form.²

Consent must be acknowledged before a judge, a representative of a licensed child welfare agency, or another person designated by the court. The prospective adoptive parent’s own attorney cannot acknowledge it. When someone other than a judge takes the acknowledgment, that person’s signature must be notarized.⁴

Once signed more than 72 hours after the child’s birth, a consent is generally irrevocable under Illinois law. Since most second-parent adoptions involve children who are months or years old, the consent is final the moment it is properly executed, with a narrow exception if a court later finds fraud or duress.

Background Checks and Home Investigation

Illinois requires safety screenings for every adoptive parent. What those screenings look like depends on whether the case is a related or non-related child adoption.

Unmarried Partners

Within 10 days of filing the petition, you must initiate fingerprint-based background checks through the Illinois State Police and the FBI, a search of the National Sex Offender Registry, and a Child Abuse and Neglect Tracking System (CANTS) check through the Department of Children and Family Services. Every household member 18 or older completes the same package, and CANTS checks are also required for household members aged 13 to 17.⁵

The court also appoints an investigator under Section 6 to evaluate your home, character, health, reputation, and fitness to adopt. The investigator’s report incorporates the background check results, and this investigation is mandatory for non-related adoptions.⁶

Married or Civil Union Partners

When the child is a related child because you are the spouse or civil union partner of the existing parent, the court is not required to order an investigation, though it has discretion to do so. Many judges still request at least a basic home visit, and background checks are commonly required at the court’s discretion. Prepare for them regardless.

What Happens in Court

After the petition and consents are on file, the court appoints a guardian ad litem (GAL), a licensed attorney who represents the child’s interests. The GAL reviews the background check results, conducts an initial home visit within 30 days of appointment, and submits a written report with a recommendation.⁵

For related child adoptions where the child is not a ward of the state, the judge has discretion to waive the GAL appointment. When a GAL is appointed, the investigation report is due within six months, though the court can set an earlier deadline. The report must be submitted before the final hearing is scheduled.

The final hearing itself is usually brief. The judge reviews the petition, consents, background check results, and the GAL or investigator’s report, asks a few questions to confirm the adoption is in the child’s best interest, and signs the Judgment of Adoption. From filing to final hearing, most second-parent adoptions take three to six months. Non-related adoptions involving full investigations sometimes run longer.

What It Costs

Court filing fees vary by county. Cook, DuPage, McHenry, and Will counties each charge $89 for an adoption filing.⁷ Check with your local circuit clerk’s office for the figure in your county.

Attorney fees for a straightforward second-parent adoption typically run from about $2,500 to $5,000 on a flat fee, with complex cases involving contested parental rights or interstate issues running higher. If the court orders a private agency to conduct the home investigation, agency fees generally range from $900 to several thousand dollars. Adoptions involving DCFS may have reduced or waived fees for qualifying families.

After the Judgment

The Judgment of Adoption creates a full legal parent-child relationship, with the same inheritance rights, insurance eligibility, and decision-making authority as a biological parent. Several follow-up steps matter.

Amended Birth Certificate

After the judge signs the judgment, the court sends a report to the Illinois Department of Public Health, Division of Vital Records. To issue an amended birth certificate listing both parents, the division needs the adoptive parent’s full name (including last name before first marriage or civil union), date and place of birth, and current address. If the judgment doesn’t include all of this, you’ll submit it separately before the amendment can be processed.⁸ If the child was born in another state, you’ll work with that state’s vital records office, which adds time. Processing typically takes several weeks to a few months.

Social Security Benefits

Once finalized, the child is eligible for Social Security benefits on the adoptive parent’s work record. If that parent becomes disabled or dies, the child can receive up to half of the parent’s disability benefit or up to 75% of the deceased parent’s basic Social Security benefit. You’ll need the child’s birth certificate or proof of adoption to claim.⁹

Federal Adoption Tax Credit

Families who finalize an adoption may qualify for the federal adoption tax credit, which covers qualified expenses like attorney fees, court costs, and travel. For the 2025 tax year, the credit was worth up to $17,280 per child, with a phase-out beginning at $259,190 in modified adjusted gross income. Starting in 2025, up to $5,000 of the credit became refundable. The IRS adjusts these figures annually, so verify the current numbers for the year you finalize.¹⁰

Other Records to Update

Update your health insurance, life insurance beneficiary designations, estate planning documents, and school enrollment records to reflect the new legal relationship. The adoption judgment is the document you’ll use for every one of those changes, so keep several certified copies on hand.

1
Illinois General Assembly. Illinois Code 750 ILCS 50/2 – Who May Adopt a Child
2
Illinois General Assembly. Illinois Code 750 ILCS 50/8 – Consents to Adoption and Surrenders for Purposes of Adoption
3
Illinois General Assembly. Illinois Code 750 ILCS 50/5 – Petition, Contents, Verification, Filing
4
Illinois General Assembly. Illinois Code 750 ILCS 50/10 – Forms of Consent and Surrender, Execution and Acknowledgment
5
Illinois General Assembly. Illinois Code 750 ILCS 50/12.3 – Additional Requirements in Private Adoptions
6
Illinois General Assembly. Illinois Code 750 ILCS 50/6 – Investigation
7
Circuit Court of Cook County. New, Lower Court Fees for Adoptions Are Making It Easier for Children in Cook County to Find Forever Homes
8
Illinois Department of Public Health. Adoption
9
Social Security Administration. Benefits for Children
10
Internal Revenue Service. Adoption Credit