Relative Adoption in Illinois | Parker & Parker, Peoria

An Illinois relative adoption skips two of the most time-consuming requirements that apply to non-relative adoptions: the six-month post-placement waiting period and the home study. The Adoption Act defines a “related child” as one who is, by blood or marriage, at least a second cousin or closer to the adopting parent (750 ILCS 50/1(B)). For families adopting a niece, nephew, grandchild, or other close kin, the case is governed primarily by how quickly parental rights can be addressed — by consent, default, or proof of unfitness — and most uncontested relative adoptions can be completed in two to three months.

If you’re adopting a niece, nephew, grandchild, or another close kin in Illinois, the case is going to move faster than you may have expected. The Adoption Act sets aside the heavier procedural requirements that apply to strangers — the six-month wait, the home-study process, the post-placement supervision — and lets relative cases move on a much shorter timeline.

This post explains who counts as a “related child” under Illinois law, what the relative adoption process looks like in practice, and why most of the work in a relative case is really about how parental rights are handled.

Who counts as a “related child” under the Adoption Act

The Illinois Adoption Act, at 750 ILCS 50/1(B), defines a “related child” as one who is — by blood, marriage, or prior adoption — at least a second cousin or closer to the adopting parent. The list includes:

Parent (in step-parent adoptions)
Grandparent
Brother or sister
Aunt or uncle
First cousin
Second cousin
Spouse of any of the above

If you don’t fit that list, the adoption proceeds as a non-relative case — six-month waiting period, home study, and post-placement supervision required. If you do fit the list, those requirements drop away.

What goes away in a relative adoption

Three things you would otherwise spend a lot of money and time on simply do not apply when the child is your close kin:

1. No six-month waiting period

Non-relative adoptions in Illinois require the child to be in the adoptive home for at least six months before the adoption can finalize. The theory behind that wait is to give an agency time to confirm the placement is working. In a relative case, that wait is gone. We can move to finalize as soon as parental rights are resolved.

2. No home study

Non-relative cases require a Section 6 investigation under 750 ILCS 50/6A — formally, a home study by a licensed agency, including interviews, background checks, home inspections, and written reports filed with the court. In a related adoption, that home study is waived under 750 ILCS 50/6D, though the court retains discretion to order one if it sees a reason. In Cook County, all non-biological parents in related adoptions still submit to a criminal background report, fingerprint check, and child abuse check; in our practice in Peoria and the Tenth Judicial Circuit, we don’t see that requirement applied. The court’s vetting in a related case comes through the guardian ad litem’s report at the end of the case rather than through a months-long agency study up front.

3. No post-placement supervision visits

Non-relative cases require an agency social worker to visit the home at roughly months two, three, and five after placement and report back to the court. Relative cases skip this entirely.

What still applies, and what drives the timeline

The case is still an adoption case. A petition still has to be filed, parental rights still have to be addressed, a guardian ad litem is still appointed, and the judge still enters a final judgment. The big difference is the pace.

Practically, a relative adoption is governed entirely by how long it takes to clear parental rights. There are three paths to that, and which one applies depends on the facts:

Consent. Both biological parents sign a final and irrevocable consent to the adoption. Mother’s consent must be witnessed in open court (or before an authorized agency specialist). Father has the option of a “consent and waiver of rights” before a notary public, which is more flexible than mother’s consent path. With Zoom hearings now permitted in the Tenth Judicial Circuit and most Illinois counties, both parents can often sign on a remote hearing without traveling.
Default after service. A parent who can’t be reached for consent is served with summons and the petition. If they don’t respond within 30 days, the court enters default and terminates their rights without a trial. We use this routinely for parents who have moved out of state or are simply unreachable.
Unfitness trial. If a parent contests, the case proceeds to a fitness hearing under one of the grounds in 750 ILCS 50/1(D) — most commonly, in relative cases, the lack-of-contact and lack-of-interest grounds (failure to maintain a reasonable degree of interest, concern, or responsibility). Trials are uncommon in relative adoptions because most contesting parents have a long, well-documented history of disinterest and don’t have a defense that holds up.

For the full breakdown of how parental rights get terminated in Illinois adoptions, see our companion post: How a parent’s rights are terminated in an Illinois adoption — consent, default, or trial.

Where to file

The Adoption Act is unusual in one respect: it lets you file the case in any Illinois county. Most case types lock you into the county where one party lives. Adoption doesn’t. We file the majority of our adoption cases in Peoria County because we know the judge, the guardian ad litem, the courtroom rhythm, and what to expect on Zoom consents and hearing dates. Peoria County keeps Monday-afternoon adoption slots open most weeks of the year, and our lifetime average wait time from petition filing to final hearing is eight days.

That said, you can choose to file in McLean County (Bloomington), Tazewell County (Pekin), Knox County (Galesburg), or anywhere else in Illinois that’s convenient for your family. The trade-off is that judges in counties we don’t appear in often as routinely may be less flexible on remote consents — they’re allowed to permit Zoom under the Supreme Court Rules, but local practice varies.

What it costs

Parker & Parker handles most uncontested relative adoptions on a flat fee that includes the filing fee, the guardian ad litem fee, service of process, and the certified judgment of adoption. As of 2026, the flat fee runs:

$2,750 for step-parent and grandparent adoptions where the child has been in the home for an extended period
$2,950 for niece/nephew, sibling, or other close-kin adoptions

If a parent contests and we end up in a fitness trial, we discuss the additional scope at that point. In our experience, most contests resolve quickly because the underlying facts (years of no contact, no support, no interest) make the contest unwinnable for the biological parent.

What the final hearing looks like

Final hearings in Peoria County before Judge Alicia Washington are short, friendly, and warm. The adopting parents and the child both appear (children age 14 and older must consent in writing to their own adoption — see when a 14-year-old’s consent is required). Other family members can attend but don’t have to. The judge will ask the family a few questions, the guardian ad litem will offer a brief recommendation, and the judgment is entered the same day. Photos in chambers are encouraged.

The certified judgment is mailed to the family within a few days, and a new birth certificate listing the adoptive parents arrives from the State Registrar about five weeks later.

Common scenarios we handle

Niece or nephew in long-term care. A child who has been with an aunt and uncle for several years, often after the parents lost interest or had substance-abuse or housing instability. Almost always a default or consent case.
Grandparent adoption. A grandparent caring for a grandchild whose parents are deceased, incarcerated, or absent. Frequently includes a deceased parent on one side.
Step-parent adoption. A spouse adopting their partner’s child after the other biological parent’s rights are terminated or surrendered. Note one mechanical wrinkle: the co-petitioner (the parent already legally the child’s parent) doesn’t need to sign a separate consent — they consent by signing the adoption petition itself and by testifying on the record at the final hearing. Termination of the non-petitioner biological parent’s rights is the work that drives the case timeline.
Sibling adoption. An adult sibling adopting a younger brother or sister after the loss or incapacity of the parents.
Adoption after long-running guardianship. A relative who has had plenary guardianship for years and is now ready to convert to adoption. See going from guardianship to adoption in Illinois.

One ICPC nuance for cousins across state lines

If the relative adoption involves moving the child across state lines, the Interstate Compact on the Placement of Children comes into play. The ICPC’s statutory text in 45 ILCS 15/1, art. VIII(a) lists a narrow set of exempt relatives — parents, stepparents, grandparents, adult siblings, adult uncles and aunts, and legal guardians — but that list has been expanded by ICPC Regulation No. 12 (effective 2012). Under Regulation 12, “relative” includes any person aged 21 or older (other than a parent) related by blood, adoption, or marriage, including grandparents, siblings, aunts and uncles, first cousins, and step-relatives. So first-cousin adoptions across state lines fall within the ICPC relative exception and don’t require full ICPC compliance.

Second cousins — included in the Adoption Act’s “related child” definition under 750 ILCS 50/1(B) — sit outside Regulation 12’s expanded relative list and need ICPC clearance for any interstate placement. Practitioners need to map the specific relationship to both lists before assuming the ICPC step is or isn’t in play. See our ICPC interstate adoption post for the broader process.

Adopting a Relative in Central Illinois?

Parker & Parker handles relative adoptions on a flat fee that covers everything from filing to final hearing. Call (309) 673-0069 or
schedule a consultation to walk through your case.

Frequently Asked Questions

Who qualifies as a “related child” under Illinois law?

Under 750 ILCS 50/1(B), a related child is one who is at least a second cousin or closer to the adopting parent — including parents, grandparents, siblings, aunts and uncles, first cousins, second cousins, and spouses of any of the above. If you don’t fit that list, the case is treated as a non-relative adoption.

How long does a relative adoption take in Illinois?

Most uncontested relative adoptions resolve in two to three months. The timeline is driven entirely by how quickly parental rights can be addressed. If both parents consent, it can be even faster. If a parent has to be served and defaulted, add 30 days for the response window. Once parental rights are clear, finalization in Peoria County typically follows within a week or two.

Do we need a home study to adopt our niece?

No. The home study requirement applies to non-relative adoptions. For close-kin adoptions under the Adoption Act, the home study is waived. The guardian ad litem still reviews the case, but there’s no months-long agency study.

What if the child’s parents won’t agree to the adoption?

Consent is one of three paths. The other two are default (after service of summons and a 30-day non-response) and proof of unfitness at a contested hearing. Lack of contact, interest, concern, or responsibility — common in cases where biological parents have been out of the picture for years — is a recognized ground for unfitness under 750 ILCS 50/1(D).

Can a 14-year-old veto their own adoption?

Yes. Children age 14 and older must consent in writing to their own adoption. This rarely creates a problem in relative adoptions where the child has been with the adopting family for years and wants the formal recognition.

Where should we file the case?

The Adoption Act lets you file in any Illinois county. Peoria County is our default because we know the judge, the routine, and the Zoom-consent practice. McLean (Bloomington), Tazewell, Knox, and other surrounding counties also work well. Choose based on what’s convenient for your family and where your attorney has the most experience.

Adopting a Relative in Illinois: The Faster Path Without a Home Study