My husband wants to adopt my children "We live in Chicago,IL"?

Question

Ok to make a long story short.

My husband would love top adopt my 2 children. Now we recently got married the end of June. and been together for 7 years. my 2 kids no only him as dad. they new him since they were 2 yrs old and 2 mnths old. they are now 9 and 7 years old.

I have not spoken to their biological father for 4 years and it was very brief. once again my kids have never seen him or spoken with him. so he is a complete stranger to them. he is unfitnot only because he left them but, he is in and out of jail.been in the state pen,gang banger,and so on.

but me and my husband right now cant afford a lawyer, since he is in medical school so money situation is tight!

but i heard that we can do it r selves but i need to know what r the steps to do this. i do knw that i am supposed to get the biological father to hand over his rights or consent to doing this but, I do not know where he is. can someone. please help me out w/ some advise so we can make r family complete.

Answer 1

You REALLY need to get an attorney to handle this.  This is not something you can do on your own.  

And to be completely honest, if you don't have the money to pay for adoption fees, the judge is going to think that your husband can not financially support the kids.

Sorry if it's upsetting, but it's the truth.  I've gone through it, very frustrating.

Go to www.lawyers.com and post your question on their message boards.  Actually attorney's answer you and it's great advice.

Good luck.

Answer 2

Got to:

http://www.illinoislegalaid.org/

They outline the steps to take for a step-parent adoption, and have a great website with other helpful links!

Good luck!!

Step 1: Prepare and sign the appropriate Petition For Adoption. There are two forms available. One where the biological parents were married and one where the biological parents were not married.

Petition/Biological Parents not married/Consent

Petition/Biological Parents were married/Consent

Step 2: Prepare the Consent to Adoption for the biological father to sign. The Consent To Adoption must be signed in the presence of a Judge. The biological father must go to the courthouse and schedule a time to meet with a Judge to have the Consent To Adoption witnessed.

Step 3: File the Petition For Adoption and the Consent To Adoption and pay the appropriate filing fee.

Step 4: Have two extra copies of the Consent To Adoption and the Petition For Adoption ready for the Circuit Clerk to file stamp.

Step 5: Secure the appointment of a Guardian Ad Litem to represent the minor child. Some circuits have a Guardian Ad Litem list which can be obtained from the Circuit Clerk. The Circuit Clerk will notify you who is next on the list to be appointed as a Guardian Ad Litem.

You may select your own Guardian Ad Litem. This may be a private attorney.  If you select your own, talk to the attorney to make sure he or she is willing to act as Guardian Ad Litem and find out what fee will be charged for this service.

You will be responsible for paying the Guardian Ad Litem’s fee which averages between $150.00 and $200.00, depending on where you live and how much time the Guardian Ad Litem spends on your case.  

Step 6: Once you have obtained a Guardian Ad Litem, insert the attorney’s name in the Interim Order and ask the Circuit Clerk to present the Interim Order to a Judge to be entered. Provide the Circuit Clerk an extra copy of the Interim Order to be file stamped.

Step 7: Request that the Circuit Clerk prepare a Summons to serve the minor child and the biological father. You may accept service on behalf of the minor child.  Ask the Circuit Clerk the procedure to follow in your Circuit to accept service.

Step 8: Ask the Circuit Clerk to prepare a Summons to have the biological father served. Please be advised there may be a fee to have the biological father served.

Step 9: Obtain file-stamped copies of the Petition For Adoption, Consent To Adoption and Interim Order and provide these documents to the Guardian Ad Litem with the Answer of Guardian Ad Litem for the attorney to complete. The Answer Of Guardian Ad Litem must be completed and filed with the Circuit Clerk by the Guardian Ad Litem.

Step 10: Contact the Guardian Ad Litem to arrange a meeting between the Guardian Ad Litem, the adoptive parents and the minor child.

Step 11: After you have received confirmation that the minor child and biological father have been served, contact the Circuit Clerk and set a hearing on the Petition For Adoption no less than 45 days after the service has been completed.

Step 12: Complete the Notice of Hearing and mail a copy of the Notice of Hearing to the biological father and Guardian Ad Litem.

Step 13: Prior to the hearing, if you have not received the Answer From Guardian Ad Litem from the Guardian Ad Litem, contact the attorney and request the Answer From Guardian Ad Litem be filed prior to the hearing.

Step 14: Prepare the appropriate Judgment Order For Adoption. There are two forms available.  One where the biological parents were married and one where the biological parents were not married.

Judgment/Biological Parents were married/Consent

Judgment/Biological Parents not married/Consent

Step 15: Hearing day. Arrive at the courthouse at least ½ hour prior to your hearing time and locate the courtroom where your hearing is scheduled to be held. Both adoptive parents must be present along with the minor child for the hearing.

Step 16: When the case is called, address the Court and advise the Judge you are present and are requesting to adopt a minor child. Give the Judge background information as to who you are, who the minor child is and why you are seeking to adopt the minor child.

Step 17: Introduce the Guardian Ad Litem and allow the attorney to address the Court.

Step 18: If the Judge approves the adoption, give him/her the Judgment Order For Adoption to sign and enter.

Step 19: Take signed Judgment Order For Adoption to the Circuit Clerk to obtain a certified copy.

Step 20: Complete the Certificate For Adoption and give the completed document to the Circuit Clerk with the $15.00 fee to have the birth certificate changed. The $15.00 fee will entitle you to one certified copy of the minor’s new birth certificate.

Answer 3

You really need an attorney to make sure all the T's are crossed and I's are dotted. It would be unfortunate to go through all this now and miss a step then the judgment be overturned later if the natural father comes forward.

My husband is adopting my son right now. We truly tried to locate the father but were unable to do so. Now we have to run an ad in the paper for 3 weeks giving him the chance to come forward. (of course if he does he will be arrested for contempt of court, non payment of child support)  After the ads in the paper we must allow 30 days for him to come forward. Then we go to court with or with out him to have the judgment made. We also HAD to hire an Guardian ad Litem to represent what is in the best interest of the child.

Good Luck...

Answer 4

I highly recommend you retain a lawyer.  I can give you the name and number of an adoption attorney in Chicago.  E-mail me if you are interested.

Answer 5

well the thing is dont just try to adopt babies try to adobt kids of all ages because what abolut them when people adopt kids usually they adopt the babies and the toddlers and the little kids under 5 try adopting kids older than that ; ] it is alright to get a little kid but what about the older ones they need a home to : ]