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DuPage County family law attorneysThe decision to adopt a child can be one of the most rewarding yet terrifying undertakings of a person’s life. As such, most people do go into the process with an understanding of how difficult and laborious it can be. Still, no one can be prepared for everything, and certain roadblocks can slow down the adoption, especially if you are caught by surprise when problems arise.

Problems With the Birth Parents

Among the issues that tend to occur in this regard is a birth parent either deciding against going through with the agreement or later deciding that they want to reclaim their child. While this is not necessarily common, it does happen and can place both the birth parent and the child in legal limbo. The birth mother retains the right to parent her own child up until the final paperwork has been signed, and sometimes this leads to adoptive parents being left with nothing but money spent and pain in their hearts, despite the solid legal foundation for this rule.

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Illinois family law attorney, consent in adoptionsConsent is often required in order for a child to be adopted in order to ensure that a child's biological parent fully understands what placing the child up for adoption means—consent provides protection for a child who is placed for adoption. However, in certain circumstances, consent is not required for the adoption of a child.

Giving Consent

Under Illinois law, when consent is required, it can be given by a wide variety of people or entities, depending on the specific situation. Consent can be given by the biological mother and the father, if the father:

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adopting a child, Illinois family law attorney

The age range of adopted children varies widely and, depending on one's circumstances, adopting parents may consider several factors prior to making a final decision.

Adopting a Young Child

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Illinois adoption registry, Illinois Adoption AttorneysThe Illinois Adoption Registry and Medical Information Exchange (IARMIE) program facilitates the transmission of information between members of adoptive and birth families. At some point throughout one's life, parents or children may want to initiate contact or obtain medical history. In fact, knowing a biological parent's medical history can help develop a clearer picture of future potential health issues. The Department of Public Health establishes the regulations in order to operate the Registry confidentially.

Under Illinois law, an Adoption/Surrender Records File is created when a person voluntarily registers with the Registry through the completion of an Illinois Adoption Registry Application or a Registration Identification Form. A Records File contains, if available, the following information:

  1. Certain sections of an adoption application or registration form;
  2. Pictures offered by a registrant;
  3. Any Information Exchange Authorization, Denial of Information Exchange, or Birth Parent Preference Form/Packet;
  4. Duplicates of the certificate of birth and certificate of adoption;
  5. A new address provided by a registrant;
  6. Proof of death;
  7. Any birth certificate;
  8. Any marriage certificate;
  9. Proof of guardianship; and
  10. A request for a non-certified duplicate of a birth certificate.

Many people may register with IARMIE, including:

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adopting a child, Illinois family law attorneysThe decision to adopt a child brings together individuals who desire to become parents of children who are in need of loving homes. While adoption is often extraordinarily beneficial for all parties involved, the process of completing one can be very complex.

Who May Adopt

Under Illinois law, any reputable person of legal age who has lived continuously in Illinois for at least six months immediately prior to the beginning of the adoption proceeding may adopt. A person who is a member of the armed forces of the United States must be domiciled in Illinois for at least 90 days. A person's domicile is their true and permanent home, to which they intend to return to even though they may be currently living somewhere else.

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From our law office in Wheaton, IL the family law and civil litigation law attorneys of Mirabella, Kincaid, Frederick and Mirabella, represent businesses and individual clients throughout the western suburbs of Chicago, Illinois including Wheaton, Naperville, Oak Brook, Glen Ellyn, Carol Stream, Lombard, Downers Grove, Burr Ridge, Lisle, Elmhurst, Oakbrook Terrace, Winfield, Woodridge, Warrenville and throughout DuPage, Kane and Kendall Counties.

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