In Illinois, a stepparent adoption can be a relatively easy process if the both the biological mother and father of the child consent to the adoption. An adoption can proceed without consent if there are statutory grounds for unfitness of the dissenting parent. Some of these statutory grounds include

• Abandonment
• Failure to maintain a reasonable degree of interest or responsibility as to the child's welfare
• Desertion of the child for more than three months preceding the beginning of the adoption proceeding
• Substantial neglect and physical abuse
• Depravity
• Failure to show concern for a newborn child during the first 30 days after its birth
• Failure to make a good faith effort to pay a reasonable amount of the expenses related to the birth of the child
• Failure to provide a reasonable amount of financial support for the child
• Non-payment of child support may be the basis for adoption

In a stepparent adoption, the biological father and mother need not have been married in order for the father to have the right to object to the adoption. However the father of a non-marital child, to preserve his rights, must register the child with the Putative Father Registry within 30 days of birth. If he does not register, he may not have standing to object to the adoption.

A parent who consents to adoption forfeits legally enforceable visitation rights. In that situation, all parental rights are fully terminated. The parties, however, can work out an informal agreement for contact or visitation, but these arrangements are not legally enforceable.

If the identity or whereabouts of the non-custodial parent is unknown, a notice may be served against the parent in the newspaper in the county where the adoption is taking place. A copy of the notice is also mailed to the parent at his or her last known address. A notice may be published to an "unknown parent."
In most stepparent adoptions, no home study investigation is required. The process can be completed as quickly as 30 days from the time the proceedings began; however, it usually takes at least seven or eight weeks.

Note: This information was prepared as a public service by the Illinois State Bar Association and is a joint project with the Illinois Press Association. Its purpose is to inform citizens of their legal rights and obligations.