Years ago, the nuclear family typically consisted of a mother, a father, and their biological children. Today’s nuclear families come in all different “shapes and sizes,” including single-parent, blended, same-sex, and extended families. Given the high rate of divorce and remarriage in the United States, it should come as no surprise that stepfamilies have become fairly common, with one or both spouses bringing children from a prior relationship into the marriage. Unfortunately, in many of these cases, the biological parent of the children has either passed away or is not an active part of the children’s lives, and the stepparent essentially steps into that absent parent’s role. Many families decide to take steps to make that role a legal one.
Under Illinois law, there are several factors that must be met in order for a stepparent to adopt their spouse’s child. The first factor is that the stepparent must be legally married to the child’s biological mother or father. This also applies to same-sex couples.
Another factor under Illinois law is that if the child is 14 years of age or older, they must consent to the adoption.
A third factor that applies is the state’s law that does not permit a child to have more than two legal parents. This means that if the child’s other biological parent is not deceased, they must either sign away their parental rights, have disappeared from the child’s life, or have been proven to be an unfit parent....