What Are the Most Common Issues That Can Derail an Illinois Adoption?

 Posted on August 31, 2020 in Family Law

Choosing to adopt a child can be a wonderful, life-changing decision. However, the adoption process can be full of legal complications and potential pitfalls. If you are considering adoption, it is important to educate yourself about the obstacles that you may encounter. It is also important to work with an adoption attorney who has experience successfully addressing these issues.

Relative Adoptions

One of the most common types of adoption in Illinois is relative adoption. Adopting a stepchild or other relative is often more straightforward than other types of adoption, but it can also involve many legal challenges. A child can only have two parents, so in some cases, the child’s biological parent or parents may need to relinquish their parental rights before the adoption can occur. However, many parents are unwilling to do so, or they may choose to contest the adoption in court. If parents do not voluntarily relinquish their parental rights, they may lose their parental rights after being deemed “unfit” by the court. Neglect, abuse, abandonment, severe drug addiction, and other issues that may lead a court to terminate a parent’s parental rights.

Private Adoptions

In a private adoption, the adoptive parents adopt a child directly from the biological parents. In most cases, no adoption agencies or outside organizations are involved. Unfortunately, private adoption scams and fraud are not uncommon. Birth mothers may misrepresent themselves, take money from adoptive parents with no intention of ever following through with the adoption, or even pretend to be pregnant for financial gain. Birth mothers may also change their minds about the adoption after giving birth. It is absolutely essential to work with an adoption attorney if you plan to pursue a private adoption.

Agency Adoptions

Even if an adoption takes place through a public or private adoption agency, there is still a significant potential for legal complications. There is also a potential for fraud. Your lawyer will help ensure that the appropriate steps are taken so that the adoption process goes as smoothly as possible. He or she will also watch for signs that the agency is acting in an unethical or unlawful manner. If you adopt a foster child through the Illinois Department of Children and Family Services (DCFS), there can be both personal and legal problems to contend with.

Contact a DuPage County Adoption Lawyer

When considering adoption, most people give great thought to the personal and family-related implications of this massive life change. However, they may not think about the potential legal obstacles until they run into problems. For help preventing and addressing legal issues during your adoption, contact the Stogsdill Law Firm, P.C. Schedule a confidential consultation with one of our skilled Wheaton family law attorneys by calling 630-462-9500 today.

Source:

https://www2.illinois.gov/dcfs/lovinghomes/adoption/Pages/default.aspx