An adoption is an important court proceeding that terminates the rights of a person's biological parents and creates one or two new legal parents.
In Cook County, Illinois, the adoption process is governed by Illinois law and the Rules of the Circuit Court of Cook County, which require the use of certain forms and procedures
The laws and rules regulating adoptions are as follows:
- Illinois Adoption Act: governs all adoption proceedings in Illinois courts.
- Case law: including decisions from the United States Supreme Court and lower federal courts, as well as from the Illinois Supreme Court and the Illinois Appellate Courts on adoption issues, which is available in the Cook County Law Library located in the Richard J. Daley Center, 50 West Washington Street, Chicago, on the 29th Floor, 312.603.5423.
- The Rules of the Circuit Court of Cook County: outlines procedures to be followed in the Circuit Court of Cook County.
- Indian Child Welfare Act, 25 USC§1901 et seq: a federal law to which certain adoptions of Native American children are subject.
There are four types of adoption proceedings, each requiring different procedures, court forms and documents. The four types are as follows:
| Related |
Either or both of the adopting parents are related to the child in any of the following ways: biologically, through adoption, or by marriage. The relationship must be any of the following: biological parent, stepparent, grandparent stepgrandparent, sibling, stepsibling, uncle, aunt, great uncle, great aunt or first cousin. |
| Agency |
The adopting parents received the child from a placement made by the Illinois Department of Children and Family Services or a private licensed adoption agency. |
| Private |
The adopting parents received the child directly from the biological parents. |
| Adult |
The person to be adopted is 18 years of age or older and is either related to the adopting parents or has lived with them for at least 2 years. The biological parents of the adult being adopted do not have to consent to or receive notice of this type of adoption. |
In addition, adoption proceedings are impacted by whether the child to be adopted was born or resided in another country, or a state other than Illinois. Adoptions proceedings can also be impacted if the adoptive parents move out of state or to another country.
Court forms for certain types of adoptions can be downloaded at www.illinoislegalaid.org.
Also, Illinois Legal Aid Online, www.illinoislegalaid.org, is a free, user-friendly website with information on Illinois law. Answers to common adoption questions and step-by-step guidelines on how to handle different types of adoptions are presented, as well as actual court forms that can be downloaded and used in court.
Adoption files are confidential court files and are not available to the public. A court order is required to review an adoption file or to obtain copies of any document it contains.
In general, a person must demonstrate good cause to a judge why he or she should be granted access to an adoption file in order to obtain release of information contained within it. However, adoptive parents may obtain a court order for certified copies of the final adoption order without stating any reason. Adopted persons also do not need to state a reason to obtain a court order to obtain certified copies of the final adoption order; however, all information identifying the birth parents will be redacted or removed.
A voluntary registry is maintained by the Illinois Department of Public Health for adopted persons and their biological relatives called the Illinois Adoption Registry and Medical Information Exchange. Persons wanting information about or seeking contact with biological relatives may register for no cost. Persons who do not want any contact with biological relatives may also register. Registration forms can be downloaded at
http://www.idph.state.il.us/vitalrecords/adoptioninfo.htm.
Persons wanting information about or seeking contact with biological relatives may also petition the court to appoint a confidential intermediary to review the adoption file and conduct an investigation; the confidential intermediary may be able to arrange contact if all parties consent. Information about the confidential intermediary process can be found in the
Adoption Procedures in the County Division (Standing Order), or by contacting the Midwest Adoption Center at 847.298.9096 or
www.macadopt.org.
Individuals may now get their non-certified copy of their birth certificate. Contact the
Illinois Department of Human Services.
FILING FEES PAYABLE TO CLERK TO INITIATE CASE
Adoption Petition $265.00
Adoption Petition – Special Needs Adoption* No fee
Notice to Putative Father (750 ILS 50/12a) $146.72
and Clerk’s Mailing Fee
Appointment of Confidential Intermediary No fee
Declaratory Judgment for Gestational Surrogacy Act $368.00
* A “Special Needs Adoption” is defined by Illinois law as a child who has been placed in the care of the Illinois Department of Children and Family Services.
FEES PAYABLE TO SERVE NOTICE
To personal serve any person in Cook County $60.00
Publication (Law Bulletin) $230.00
FEES PAYABLE TO CONTEST ADOPTION
Appearance Fee $237.00
FEES NECESSARY TO COMPLETE ADOPTION
Guardian ad Litem Fees
Related Adoption (GAL and Investigator) $325.00
Unrelated Adoption (GAL only) $250.00
Special Needs Adoption *
- one child $150.00
- each additional child on same petition, $50.00
not to exceed $250
Contested Adoption $200.00/hr
Putative Father Registry Search $75.00
FEES FOR RECORDS OF ADOPTION AND RELATED MATTERS
Certified Copies of Court Records $9.00
- first Judgment Order No fee
Illinois Birth Certificate
- first copy $15.00
- Each additional copy ordered $2.00
at the same time
Illinois Record of Foreign Birth $5.00
Fees are established by statute, regulation, or court rule.
Background Checks – See Appointment of Guardians ad Litem for Minor Children (under Resources for the Self-Represented)
Adoption & Family Supportive Services is typically appointed in all private unrelated adoptions where there is no agency home study. See https://www.cookcountyil.gov/service/adoption-and-post-adoption-services-support for costs and procedures.
The following four judges are assigned to hear adoption matters:
- Judge Maureen Hannon - Calendar 8, Tuesday
- Judge LaGuina Clay-Herron - Calendar 9, Wednesday
- Judge Maureen Ward Kirby - Calendar 10, Thursday
- Judge Patrick Stanton - Calendar 5, Friday
Please direct all inquires concerning adoption procedures to the County Division Adoption Coordinator, Ms. Gloria Contreras, at 312.603.2492 or CJCAL3@cookcountyil.gov.
NO LEGAL ADVICE IS AVAILABLE FROM THE COURT.
All adoption matters are heard via Zoom
Court Schedule
| 8:45 a.m. |
Routine Motions |
| 9:30 a.m. |
Adoption Status Call E-Schedule Initial Presentments |
| Noon |
Consents Only |
| 2:00 p.m. |
Set matters |
The legal definition of a "putative father" is the alleged biological father of a child that was born to an unmarried woman.
If you believe that you may be the putative father of a child placed for adoption and you wish to prevent the adoption, you must register with the Putative Father Registry before the child is 30 days old by calling 866.737.3237 or online at
www.putativefather.org. There is no fee or charge for registering.
Individuals representing themselves in adoption matters are encouraged to review the materials listed below. Click on title to view.