Second Parent Adoption in Illinois

 Posted on July 18, 2016 in Adoption

A second parent adoption is a way for a non-biological parent to adopt a child while the biological parent’s rights stay intact. There are many reasons why a second parent adoption may make sense for a wide variety of families.

Second Parent Adoptions

When most people think about adoptions they think about a traditional adoption scenario where the biological parent or parents give up all rights to the child and another person or couple are given parental rights. A second parent adoption is a very different scenario. With a second parent adoption, a biological parent keeps his or her parental rights and the “second” parent is also given parental rights through the adoption process. At the end of the process, another person has all the rights and responsibilities that come with being the legal parent of the child.

Purpose of Second Parent Adoptions

Second parent adoptions are a way to legally formalize a relationship between a child and someone who is already acting as a parent. Generally, second parent adoptions are used when there is a stepparent or a same-sex parent who is living with the child and emotionally and psychologically parenting the child. As a stepparent or the same-sex partner of the biological parent, the “second” parent does not typically have parental rights of his or her own. With the biological parent’s consent, a second parent adoption is a way to give a psychological parent the legal recognition of parenthood.

Why It Is Important

Without a second parent adoption, the stepparent or same-sex partner of the biological parent gets his or her ability to care for the child through the biological parent. However, if something happens to the biological parent, then without the legal rights of a parent, the person who has been acting as a parent in the child’s life may be left without rights. Second parent adoption is also important in a practical sense for families that are living as two-parent families. With a second parent adoption, both parents are now able to do things like consent to medical treatment, sign school permission slips, or perform other routine exercises of parental rights. A second parent adoption also protects the relationship between the parent and child if there is a rift in the relationship between the parents. While second parent adoption requires the consent of the biological parent, once the adoption is completed then the second parent and the child have their own relationship independent of the biological parent. The newly created parental relationship is legally binding even in the event of a divorce or separation between the two parents.

Not all states allow second parent adoption, however, Illinois does. The process of second-parent adoption is similar to the traditional adoption process in Illinois.

DuPage County Adoption Lawyers

If you are thinking about a second parent adoption or any other kind of adoption, you need the assistance of skilled adoption attorneys. Our DuPage County adoption attorneys at Davi Law Group, LLC can help you throughout the adoption process.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2098