How to Adopt a Child in Illinois: The Process from Start to Finish

Last Updated: April 22, 2026

The Illinois Adoption Act (750 ILCS 50) governs every adoption in the state, but the actual procedure varies depending on whether you are adopting through the Illinois Department of Children and Family Services (DCFS), a private agency, a private (identified) placement, a relative placement, or a stepparent adoption. Here is how each path works, what it costs, and what you should expect from the Central Illinois courts.

This article provides general information about Illinois adoption law and is not legal advice. Every family’s situation is different. If you are considering adoption and have questions about your specific circumstances, call us at (309) 673-0069 for a free consultation.

Types of Adoption in Illinois

The Illinois Adoption Act recognizes several distinct adoption paths. Each has its own procedure, paperwork, and cost structure.

• DCFS adoption (foster-to-adopt and other DCFS placements). The most common adoption path Parker & Parker handles. A child placed in your home by DCFS becomes legally available for adoption once parental rights are terminated — either by voluntary surrender of the birth parents or by a court order following juvenile-court proceedings. Most adoptive families adopting youth in DCFS care are already the child’s foster parent or relative caregiver.
• Private agency adoption. Working with an Illinois-licensed child welfare agency that matches prospective parents with a birth mother or birth family. The agency conducts the home study, facilitates the placement, and supervises the post-placement period. Includes domestic infant adoption and some agency-facilitated older-child placements.
• Private (identified) adoption. The birth parent and the adoptive family are already known to each other — direct placement without an agency match. Often arises through pre-existing connections or family relationships.
• Relative adoption. A grandparent, aunt, uncle, or other relative adopting a child within the family. Relative adoptions can typically be completed more quickly than non-related adoptions because they require fewer procedural steps and sometimes less court scrutiny.
• Stepparent adoption. A spouse adopting their partner’s biological child. Stepparent and other related adoptions are generally faster than unrelated adoptions for the same reason — fewer procedural requirements and an existing family relationship to the child.
• Interstate adoption. When the birth parent or child is in a different state. Governed by the Interstate Compact on the Placement of Children (ICPC), codified in Illinois at 45 ILCS 15/0.01 et seq. ICPC compliance must be obtained before the child crosses state lines — retroactive approval is possible but not guaranteed. Most states now use the National Electronic Interstate Compact Enterprise (NEICE) system, which has accelerated ICPC review substantially. From our practice, we tell families to plan for approximately 10 to 14 days from the child’s birth until ICPC approval is in hand; the Illinois ICPC office is administered through DCFS.

The Illinois Adoption Process Step by Step

Regardless of the type, the process generally follows these steps. The order and exact requirements vary by type — stepparent and intrastate private adoptions skip some steps; DCFS and interstate adoptions add others.

1. Home study. Required for unrelated adoptions and interstate adoptions. Not required for related (relative or stepparent) adoptions or for intrastate private adoptions where the birth parent is known to the family. The home study is conducted by an Illinois-licensed child welfare agency or, for foster-to-adopt cases, by DCFS. It evaluates your home, your finances, your health, and your family circumstances. Statewide, the IICLE Adoption Law guide puts the typical home study fee at $2,000 to $10,000; in Central Illinois the typical figure is around $4,500. If a home study must be written quickly, there is often an additional fee. The process can take weeks to several months depending on the agency.

2. Background checks. Every adult in the household submits to a criminal background check (state and federal) and a CANTS check — Child Abuse Network Tracking System, the Illinois system that tracks any history of child abuse or neglect involving the prospective adoptive parent. Interstate adoptions also require fingerprint review by federal and state authorities.

3. Matching and placement. For DCFS cases, the child is typically already in your home as a foster placement or relative caregiver. For private agency adoptions, the matching phase can range from weeks to over a year depending on the agency and the prospective family’s preferences.

4. Consent or surrender of parental rights. For voluntary placements, birth parents must sign one of several Illinois-specific surrender or consent documents, all of which are final and irrevocable once properly executed. The most common forms used by birth mothers in Illinois are:

• Final and Irrevocable Surrender or Consent for the Purposes of Adoption — the standard “Surrender” or “Consent.”
• Final and Irrevocable Designated Surrender or Consent for the Purposes of Adoption — surrender or consent that designates a specific adoptive family.
• Final and Irrevocable Consent to Adoption by Specified Person or Persons (Non-DCFS case) — used in private adoptions to specifically name the adoptive parents.

Birth fathers may sign a Final and Irrevocable Waiver of Parental Rights either before or after the child’s birth (the “Unborn Surrender or Unborn Consent” option). Under Illinois law, a birth mother cannot give a valid surrender or consent until at least 72 hours after the child’s birth; a birth father who has not signed an unborn surrender or consent must also wait until the child is at least 72 hours old before relinquishing rights.

Once a properly executed surrender or consent is signed, it is final and irrevocable. The minority of a birth parent does not make the surrender voidable — a properly executed minor-parent surrender has the same legal effect as an adult’s. Set-aside is possible in narrow circumstances of fraud or duress, but a simple change of mind is not a basis for revocation.

For involuntary cases — most DCFS-supervised cases where the birth parents have not voluntarily surrendered — the juvenile court terminates parental rights based on statutory grounds. Termination must precede the adoption.

5. Adoption petition. The petition is filed in the Circuit Court of the adoptive parents’ county. For our clients, that is the Peoria County Circuit Court (Tenth Judicial Circuit) or the Tazewell County Circuit Court. Peoria County uses the case-number format YYYY-AD-NNNNNNN. Filing is e-filed through the standard court system.

6. Investigation and post-placement supervision. Once an unrelated minor is placed in the adoptive home, an investigation of the home is conducted before the adoption can be finalized. The supervisory framework varies by case type — DCFS cases follow DCFS protocols; agency cases follow the agency’s licensed protocol.

7. Final judgment of adoption. Once the case is ready — surrender or termination complete, supervision satisfied, all required documentation submitted — the court enters the final judgment of adoption. For DCFS cases where the child has been in foster care for years and the family is fully prepared, the judgment is often obtained within a few weeks of filing the adoption petition. For agency and private cases, the timing reflects the supervisory and documentation period particular to that case.

8. New birth certificate. After the judgment is entered, the Illinois Department of Public Health issues a new birth certificate listing the adoptive parents. This typically takes several weeks to receive.

Adoption Costs in Illinois

Costs vary widely by type. The most important cost-structure facts:

• DCFS adoptions: attorney fees and court costs are largely covered by the state. The DCFS Adoption Attorney Payment Program reimburses up to $2,250 per child for nonrecurring adoption fees and expenses (attorney fees, GAL fees, court costs, related expenses). When adoptive parents select an attorney from the DCFS Statewide Adoption Attorney Panel, DCFS pays the attorney directly and the family incurs no out-of-pocket attorney expense. When adoptive parents use an off-panel attorney, they pay first and seek reimbursement from DCFS up to the $2,250 cap. Parker & Parker handles DCFS adoptions on the panel basis where applicable.
• DCFS adoption subsidy. Most adoptive families who adopt children from DCFS care receive a monthly subsidy from the state. The subsidy continues until the adopted child turns 18 if the child is no longer in high school. If the child is entering senior year while age 18, the subsidy continues until the earlier of the child’s 19th birthday or graduation. For children who develop a disability based on a condition documented as preexisting at the time of adoption, the subsidy can continue up to age 21. The subsidy reflects the child’s eligibility, special-needs status, and the family’s circumstances; the subsidy agreement is prepared by DCFS as part of the case.
• Home study fees. Around $4,500 in Central Illinois (statewide range $2,000 to $10,000 per the IICLE). Free for DCFS placements (covered as part of the foster licensing process). Required for unrelated and interstate adoptions; not required for most related (relative or stepparent) and intrastate private adoptions.
• Private agency fees. Vary widely by agency. Illinois law requires licensed child welfare agencies to disclose their fees in writing, post fee schedules online, and limit charges to disclosed amounts. Agencies cannot charge “excessive fees” — defined as amounts exceeding what is usual, reasonable, and customary in the community for adoption services.
• Attorney fees (private cases). Parker & Parker quotes flat fees on stepparent and relative adoptions and discussed-in-advance fee structures on more complex matters. Adoption is not a damages claim, so we do not work on contingency in adoption cases.
• Court filing fees. Filing fees are set by each county and adjusted from time to time. We confirm the current fee with the Circuit Clerk before filing.
• Birth-parent expenses. Illinois law allows the adoptive family to pay reasonable medical and living expenses for the birth mother during pregnancy in some private placements, subject to court approval and statutory limits.
• Federal Adoption Tax Credit. Most adoptive families can claim a substantial federal tax credit — see our annually updated post on the 2026 Adoption Tax Credit.

Why Choose Parker & Parker for Your Adoption

Adoption is a deeply personal undertaking, and the lawyer you choose should be someone who has done it many times before. Parker & Parker has handled adoption cases in Central Illinois for decades.

• Over 200 adoptions completed in the Peoria County and Tazewell County courts. The procedural patterns, the local judges, the DCFS regional caseworker relationships — these are familiar to us.
• Drew Parker has practiced family and adoption law in the Tenth Judicial Circuit for decades.
• Rob Parker has authored Chapters 4 and 21 of the Illinois Institute for Continuing Legal Education (IICLE) Adoption Law guide — the reference text Illinois adoption attorneys rely on for procedural and substantive guidance.
• Plain-English communication. Adoption is full of acronyms and procedural language — DCFS, CANTS, ICPC, NEICE, GAL, TPR. We translate as we go.
• DCFS Adoption Attorney Panel participation where applicable, so DCFS clients can work with us at no out-of-pocket attorney cost.

Frequently Asked Questions

Can a single person adopt a child in Illinois?

Yes. The Illinois Adoption Act has no requirement that an adoptive parent be married. Single adults are routinely approved for adoption in Illinois, including through DCFS, private agencies, and relative placements. The home study evaluates the prospective parent’s suitability regardless of marital status.

Do I need a lawyer to adopt a child in Illinois?

For DCFS cases, the DCFS Statewide Adoption Attorney Panel exists specifically so adoptive parents can have qualified counsel at no out-of-pocket cost. For private adoptions, stepparent adoptions, relative adoptions, and any contested matter, an experienced adoption attorney is essential. The procedural and consent requirements of the Illinois Adoption Act are unforgiving — small mistakes in the consent documents or the home study paperwork can delay finalization or, in worst cases, undermine the adoption.

Can a birth parent change their mind after consent in Illinois?

Generally no. Illinois surrender and consent documents — when properly executed in the manner the Adoption Act requires — are final and irrevocable. The 72-hour post-birth waiting period exists to prevent premature consent; once that window passes and the surrender or consent is signed in compliance with the statute, the consent is binding. Set-aside is possible only in narrow circumstances of fraud or duress; a simple change of heart is not a basis for revocation. The minority of a birth parent does not make the surrender voidable — a minor-parent surrender has the same legal effect as an adult’s.

What is a home study and how long does it take?

A home study is a written evaluation by a licensed Illinois child welfare agency or DCFS-approved social worker that assesses whether your home is a suitable environment for an adopted child. It includes interviews with every household member, a home visit, health and income documentation, criminal and CANTS background checks, and personal references. Home studies generally take weeks to several months depending on the agency. Required for unrelated and interstate adoptions; not required for most related adoptions (stepparent, relative) or intrastate private adoptions where the birth parent is known to the family.

Does Illinois allow open adoption?

Yes. Open adoption arrangements — where the adoptive family and birth family maintain some level of ongoing contact — are common in Illinois private and agency adoptions. The terms are negotiated between the parties and can range from annual photo updates to regular visitation. Illinois recognizes post-adoption contact agreements that can be enforceable in some circumstances under the Adoption Act, though enforcement is limited and the adoption itself remains valid even if a post-adoption contact agreement is not honored.

Can I adopt a child from another state?

Yes. Interstate adoptions are governed by the Interstate Compact on the Placement of Children (ICPC), codified in Illinois at 45 ILCS 15/0.01 et seq. The ICPC requires both the sending state and the receiving state to approve the placement before the child can move across state lines. The Illinois ICPC office is administered through DCFS. Most states use the National Electronic Interstate Compact Enterprise (NEICE) system, which has substantially accelerated ICPC review. From our practice, families should plan for approximately 10 to 14 days from the child’s birth until ICPC approval is in hand. Our practice page on interstate adoption covers the procedural details.

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