Who May Adopt, Be Adopted, or Place a Child for Adoption?

 Posted on July 12, 2013 in Adoption

For an adoption to take place, the person available to be adopted must be placed in the home of a person or persons eligible to adopt. All states have laws that specify the persons who are eligible to be adopting parents and the persons who can be adopted. In addition, there are laws that designate the persons or entities that have the authority to make adoptive placements. Contacting a qualified attorney in your state will ensure that you are aware of what lies ahead of you. Who May Adopt? In general, any single adult or a husband and wife jointly can be eligible to adopt. In addition, a stepparent can adopt the birth child of his or her spouse. But, other eligibility requirements such as age, state residency, and sexual orientation of the adoptive parents can come into play. (In the state of Illinois, the petitioners for adoption must be state residents.) Who May Be Adopted? All states allow the adoption of a child. Some states also allow the adoption of an adult, under certain circumstances. In Illinois, the adopting parent must be in a sustained relationship for a period of at least two years with the adult to be adopted. Who May Place a Child for Adoption? In general, any person or entity who has the right to make decisions about a child’s care and custody may place that child for adoption. Such persons include the birth parents or the child’s legal guardian; legal entities include state departments of social services or child-placing agencies. Non-agency placements. Most states allow non-agency placements of children for adoption, which are often referred to as private or independent adoptions. One type of private adoption allowed in most states is the direct placement of a child by the birth parent with an adoptive family. Many states that allow direct placement have detailed statutory regulations to protect the interests of the parties to the adoption. Since laws vary by state and are always being revised and added to, you should contact an Illinois family law attorney if you are seeking to adopt.