Stepfather Adoption with No Known Biological Father

 Posted on November 27, 2024 in Adoption

It can be incredible for a child to know that his or her stepfather wants to adopt and make their father-child relationship official. In Illinois, the adoption process can be straightforward, but it can also become complicated when the biological father is unknown.

In such cases, adoption can still move forward, but important legal steps are necessary to ensure everything is done correctly. If you want to adopt your stepchild and there is no known biological father in the picture, speak with a qualified Wheaton, IL adoption lawyer to understand your options.

Is Paternal Consent Required for Adoption?

When someone in Illinois wants to adopt a child, both biological parents typically need to give their consent. Naturally, it is fairly easy to identify a biological mother, but it is not always so clear-cut with fathers. The adoption process can be different when the biological father is unknown or uninvolved in the child's life.

First, the biological father’s legal status needs to be determined. If the father never established his paternity, the adoption process can proceed without requiring his consent. When there is no legal record of paternity, stepparent adoption can usually move forward smoothly.

How Does a Stepfather Adopt a Child Whose Father Is Unknown?

When a child’s biological father is unknown, the first step is to confirm whether his rights have been legally terminated. When the father is unknown or unreachable, the stepfather must demonstrate this before a judge. The court might require him to prove that he made reasonable efforts to find and contact the father before the adoption process can proceed without the father’s consent.

If the biological father’s rights have been terminated or the father is unknown, the stepfather needs to petition the local court to adopt his stepchild. He needs to submit legal documents and might need to attend a hearing where a judge will review the case.

When no one has legal paternal rights to a child, an Illinois court’s main consideration becomes whatever is in the child’s best interest. It is more likely for a court to approve an adoption if the stepfather has been involved in the child's life and the two share a strong bond. If a judge agrees that it is in the child's best interest to be adopted by the stepfather, she can issue an order granting the adoption, and the stepfather will legally become the child's father.

Schedule a Free Consultation with Wheaton, IL Stepparent Adoption Lawyer

If you want to adopt your stepchild, a passionate DuPage County, IL family law attorney can help you understand the process and advise you on how to proceed. Various legal requirements must be met, but if the adoption is in the child’s best interest, the process can be smoother than you might expect. At Davi Law Group, we are passionate about helping children and families find the best outcomes. Call us at 630-657-5052 to schedule a free consultation.