What Do I Do If I Want to Adopt My Sibling’s Child in Illinois?

 Posted on January 23, 2026 in Family Law

Sometimes a parent cannot care for their child due to substance abuse, incarceration, or financial hardship. Other times, a parent may want their child to grow up with family members who can give them a better life with more opportunities.

Illinois allows adoption by other family members. The process can actually be easier than other types of adoption, but you will still want to understand the ins and outs. If you’re thinking about adopting your sibling's child or other family member, our DuPage County family law attorneys can guide you through each step of the process.

How Does Relative Adoption Work in Illinois?

Relative adoption, also called "kinship adoption," is when a family member legally adopts a child related to them. In Illinois, relatives who can adopt include grandparents, aunts, uncles, siblings, and step-parents. The state generally wants to keep children with family if possible. According to the American Bar Association, kinship adoption reduces trauma for children, improves their wellbeing, and improves behavioral and mental health.

The Illinois Adoption Act (750 ILCS 50/1) governs all adoptions in the state. This law sets out the requirements you must meet and the steps you must follow. Even though you are related to the child, you still need to go through the legal adoption process. This includes getting consent from the child's parents (in most cases), completing a home study, and appearing in court.

What Are the Steps to Adopt a Sibling's Child?

Get Consent from Both Parents

You need consent from both of the child's parents. If your sibling is willing to give up their parental rights, they will sign a consent to adoption. The other parent must also consent unless their parental rights have already been taken away.

File a Petition for Adoption with the Circuit Court

The petition includes information about you, the child, and the child's parents.

Complete a Home Study

A court apportioned guardian ad litem will visit your home, interview you, and review your background to make sure your home is safe. For relative adoptions, this process is often less in-depth than for non-relative adoptions.

Attend a Court Hearing for the Final Decision

At the hearing, a judge will decide whether to grant the adoption. If approved, the judge will issue a final order making you the child's legal parent.

Do I Need a Lawyer to Adopt My Sibling's Child?

While Illinois law does not require a lawyer for adoption, working with one is highly recommended. Adoption is permanent, and mistakes can cause major delays. A lawyer ensures all documents are correct and filed on time.

A lawyer can also help if the other parent does not consent. Courts can "terminate parental rights" without consent if the parent has abandoned the child or is unfit. These cases need legal help. If the child is in the care of the Department of Children and Family Services, there will be extra steps to adopt them. A lawyer can help you navigate these situations.

What Happens After a Kinship Adoption is Final?

Once the judge grants the adoption, you become the child's legal parent. Your sibling no longer has parental responsibilities or rights to the child. This means you make all decisions about the child's education, medical care, and upbringing, and you are financially responsible for the child.

The child will receive a new birth certificate showing you as their parent. In Illinois, adopted children have the same inheritance rights as biological children. The adoption is permanent and cannot be undone easily.

Some families choose to maintain relationships with the biological parents even after adoption. Illinois law sometimes allows for post-adoption contact agreements. These allow the child to stay in touch with their biological parents if everyone agrees and the court approves.

Call a Wheaton, IL Family Law Lawyer Today

Adopting your sibling's child can change their life for the better, but it is a serious commitment. If you are considering this step in 2026, having the right legal support makes a difference.

The lawyers at Mirabella, Kincaid, Frederick & Mirabella, LLC understand the challenges families face during adoption. Our DuPage County family law lawyers can answer your questions and help you through the process. Contact us at 630-665-7300 today to schedule your initial attorney meeting.

MFKM serves family law clients from our offices located in DuPage, Kane and DeKalb County.