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Complications in Illinois Adoptions
Adopting a child is a wonderful thing, but it is by no means an easy process. During your adoption case, the child’s best interest will be the top concern, and you will likely have to participate in a home study. Certain factors could complicate or even jeopardize your ability to adopt a child into your home.
If you need legal counsel for an adoption case, consider working with the Kane County, IL adoption attorneys at Shaw Sanders, P.C.. Attorney Matt Shaw has over 30 years of experience handling sensitive family law issues on behalf of parents and other people in need. Our firm can advise you throughout your case and help to address obstacles in your adoption petition.
Will a Criminal Conviction Disqualify Me From Adoption?
Not all parents have a clean slate to work with. It can be frustrating to live with a black mark on your criminal record long after you have served your sentence, especially considering it can impact your adoption petition.
To be clear, your criminal record will be scrutinized during the adoption process. The purpose of this is not to punish prospective parents, but to make sure the child is being placed in a safe home. Some criminal convictions related to sex crimes, violent crimes, or drug offenses could disqualify you from adoption. Other crimes may not result in immediate disqualification, but they could warrant a closer look from adoption authorities. At Shaw Sanders, P.C., we can make a case for your fitness as a parent, showing how you have made an effort to act as a law-abiding citizen.
How Will My Existing Health Conditions Affect an Adoption?
Adoption authorities in Illinois will look at more than just your criminal record. If you have a chronic health condition, for example, it may affect your ability to legally adopt a child into your household. Manageable conditions like anxiety or diabetes will not usually impact your petition, but if they stand in the way of your ability to care for the child, it could hurt your chances. If you cannot manage your own affairs due to a disability, your adoption petition could be denied.
Note that in Illinois, you cannot be denied on the basis of blindness if the adoption is "otherwise determined to be in the best interests of the child" (750 ILCS 85/20).
Does a Home Study Include Everyone in the Household?
Many adoptions require a home study before the judge will grant his or her final approval. If you are confident about your own parental fitness and the stability of your home, you might assume you have nothing to worry about. However, keep in mind that the home study includes every adult in the household, not just the parents.
If somebody in your household has a serious criminal conviction or a history of child abuse or neglect, it could result in a denied application. Additionally, children aged 13 and older may be required to participate in a background check for findings of child abuse and neglect.
Meet With a Kane County, IL Adoption Lawyer
During your adoption petition, you may run into certain complications. At Shaw Sanders, P.C., we will do everything we can to help you overcome these obstacles to facilitate the new addition to your family. Contact our St. Charles, IL family law attorneys at 630-584-5550 to set up a free consultation.
630-584-5550