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Asked in Freeport, IL May 06, 2014 ,  6 answers Visitors: 24
How do I have my fiance adopt my daughter? What is the process? Any details would be nice.
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6 Answers

Anonymous
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Posted on / May 07, 2014 15:30:32

I agree in part and disagree in part with these answers. Here's why: if you wait 2 months until you're married, then it's considered a related adoption. Under Section 6(D) of the Adoption Act, an investigation is in fact *not required for related adoptions, and neither is an interim hearing (see Section 13). Therefore, you should avoid having to complete background checks, using an agency, and so forth, and you avoid the extra court date for the interim hearing. This saves money and time.

Also, you have additional grounds of unfitness available to you that are strong (see the definition of unfitness for "intent to forego parental rights" in Section 1's (n)(2)(ii), which is only available as unfitness grounds when you, the mother, bring the petition to adopt, and which basically only requires that you've not received financial support from him).

You have a good case on unfitness either way if he's never been involved, and many grounds would apply. Please note that you still are required to identify the bio father's identity in an affidavit, and therefore he'd be required to receive some sort of notice under Section 7(C) of the Act. If you don't know where he is, that means in your affidavit you state his last known whereabouts; if you cannot locate him, then you can publish and default him on his rights. You should consult an attorney especially regarding the specific grounds of unfitness that apply and how much of a search you are required to conduct for the bio father before being able to default him.

Once his rights are terminated, you should be able to finalize either on the same day or soon after, depending on local practice of the Freeport courts.

Anonymous
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Posted on / May 07, 2014 15:14:42

Hire an attorney and have the attorney draft an adoption petition. If biological father consents then it is an easy process. If he does not you have to allege that biological father is an unfit father for the court to approve the adoption.

Anonymous
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Posted on / May 07, 2014 01:26:45

The adoption process begins with the drafting of a Petition for Adoption which set out the information about the parties to the adoption (adoptive parents, their relationship, the child being adopted and information about the biological parents including whether termination of parental rights will be by consent or by providing the court with evidence of unfitness. Once the Petition is filed, a court date is set and the adoptive parents and the child appear in court. When the adoptive parents appear in court, an Interim Order is entered and a Guardian ad Litem is appointed for the child. Depending on how parental rights of the biological parents are terminated, a court date is set for consent or a Motion for Termination of Parental Rights is filed setting forth the relevant information regarding unfitness as outlined in the Illinois Adoption Act. A hearing is typically held where the Motion is presented to the court, evidence is presented and if successful an Order terminating parental rights of the biological parent is entered.
There is also an investigation that is completed as part of the adoption process. Depending on the county where the Petition is filed, the investigation may be simple or complex. It typically involves the non-biological adoptive parent to submit State and FBI fingerprint results. Some courts also require a CANTS (Child Abuse and Neglect Tracking S) Clearance done thru DCFS. Once everything is completed the documents, including a proposed Judgment Order for Adoption is submitted to the Guardian ad Litem and the Court. If everything is satisfactory the Judgment is entered. Some courts require the adoptive parents to return to court for the entry of the Judgment, some do not. Once the Judgment is entered a form is sent to the Department of Public Health so a new birth certificate can be completed showing the names of the adoptive parents as if the child had been born to them.
Although Illinois law does not require that the adoptive parents be married, counties may vary on acceptance of parents who are not married versus a husband and wife adopting the minor child. You are wise to have an attorney represent you in an adoption as the process is complex. Many lawyers, including me, offer a free initial consultation to discuss the options for your particular case, the process and the costs associated with the matter.

Anonymous
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Posted on / May 07, 2014 00:03:40

Hi, Good for you seeking to start out right and secure your legal services from an experienced adoption attorney. The answers to your questions are well covered by Counselors Brinkmeier and Raddatz. I can add that if you haven't yet retained an attorney to do the adoption for you then you would be well served by either of these fine attorneys who have taken the time to answer your questions. Of course, if you prefer you can use the search function here at Avvo.com to gain access to some of the finest attorneys in the country. Be encouraged.

Anonymous
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Posted on / May 06, 2014 22:59:25

Your lawyer does not just do paperwork. Your lawyer is your go to person for everything in the adoption. Consult a lawyer and bring with all your questions. Your lawyers job is to educate you about the process and what steps are necessary. Frankly every court and every judge handles adoption a bit differently. As the the law you can look up the adoption statue yourself. This the same all over Illinois. Make sure you hire a lawyer who does a lot of adoptions. The facts here are not complete enough to give you more information. If the biological. Father was never legally acknowledged as the father then it may be an easier process. The Putative a Fathers a Registry will have to be checked also.

Anonymous
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Posted on / May 06, 2014 22:43:27

Once you are married a lawyer will prepare a draft petition, file it, pay the fee and serve it. All parties need to be served. The judge will appoint a GAL. Interviews will happen. Criminal background checks will be done. Notice needs to be proven.

HIre counsel. This is a difficult thing to navigate. But will skilled counsel, about 100 days after you marry and petition, the adoption can be done.

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