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

Sat 25 Apr, 2026 / by / Adoption Law

Last Updated: October 24, 2026

Relative adoption in Illinois is faster when the child is a related child under 750 ILCS 50/1(B). The Section 6 investigation is not made unless the court orders one, and a judgment may be entered any time after service of process and the return day. In our practice, most uncontested cases finish in two to three months once parental rights are resolved.

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. For a related child, the Section 6 investigation is not made unless the court orders one, and a judgment may be entered any time after service of process and the return day.

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.

750 ILCS 50/1(B) defines a related child as a child to whom either or both adopting parents stand as parent, grandparent, great-grandparent, brother, sister, step-parent, step-grandparent, step-brother, step-sister, uncle, aunt, great-uncle, great-aunt, first cousin, or second cousin, by blood, marriage, adoption, or civil union. A person is a first or second cousin when both people are related to the same ancestor as a grandchild or a great-grandchild. A child is not a related child to a parent who has consented, surrendered, signed a Section 10 waiver, denied paternity, or had parental rights terminated, except in the void-consent and vacated-order situations Section 1(B) states.

Outside that definition, the case follows the rules for a child other than a related child. Those rules include the Section 6 investigation and the six-month period after an interim custody order before the petitioners apply for judgment.

What changes in a relative adoption

The judgment timing and the investigation rule account for the shorter timeline:

1. No six-month waiting period

For a child other than a related child, 750 ILCS 50/14 lets the petitioners apply for judgment six months after an interim order vesting temporary care, custody, and control. A judgment for a related child may be entered any time after service of process and the return day. 750 ILCS 50/2 also provides that the adopting parent’s six-month Illinois residence requirement does not apply to a related child. The court still needs a valid consent or waiver, or a Section 8 finding that consent is not required.

2. No home study

For a child other than a related child, 750 ILCS 50/6 requires the court, within 10 days after filing, to appoint an investigator. The investigation covers the petition, the petitioners’ character, reputation, health, and standing, religious faith when it can be determined, and a fingerprint criminal check through the Illinois State Police and the FBI. That check is not more than two years old. For a related child, or an adult, the investigation is not made unless the court orders one. The court may then appoint a person it finds competent. 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. Post-placement visits

Section 6 does not schedule separate home visits at months two, three, and five. The investigation above is the statutory study, and for a related child that investigation is made when the court orders one.

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:

  1. Consent. A parent’s consent, other than an agency consent or a consent by a court-appointed guardian, is acknowledged under 750 ILCS 50/10(H) before a judge, before a representative of an agency except as the Act provides otherwise, or before a person the court designates other than the adoptive parents’ attorney. A putative or legal father may sign the final and irrevocable waiver in Section 10(S). That form includes the choice to neither admit nor deny that he is the biological father, and he signs and swears to it before a notary public. Remote hearings depend on the judge assigned to the case.
  2. 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.
  3. Unfitness trial. If a parent contests, 750 ILCS 50/8 requires the court to find that parent unfit, as Section 1 defines unfitness, by clear and convincing evidence. In relative cases the ground is often failure to maintain a reasonable degree of interest, concern, or responsibility under Section 1(D)(b).

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. Section 2 requires a spouse or civil-union partner who has not lived separate and apart for 12 months or longer to join the petition, and the adoption is by both jointly. The other parent’s rights are addressed by a Section 10 consent or waiver, or by a Section 8 finding. That work drives the 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. Article VIII(a) of 45 ILCS 15/1 leaves the compact inapplicable when the child’s parent, step-parent, grandparent, adult brother or sister, adult uncle or aunt, or guardian brings the child into the receiving state and leaves the child with any such relative or non-agency guardian. 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?

Section 1(B) lists the relationships: parent, grandparent, great-grandparent, brother, sister, step-parent, step-grandparent, step-brother, step-sister, uncle, aunt, great-uncle, great-aunt, first cousin, and second cousin, by blood, marriage, adoption, or civil union. A first or second cousin means both people are related to the same ancestor as a grandchild or a great-grandchild. The consent, surrender, waiver, denial-of-paternity, and termination exceptions in Section 1(B) still apply.

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?

Section 6 requires that investigation for a child other than a related child. For a related child, the investigation is not made unless the court orders one.

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, and a finding of unfitness by clear and convincing evidence under Section 8. Failure to maintain a reasonable degree of interest, concern, or responsibility as to the child’s welfare is Section 1(D)(b).

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

750 ILCS 50/12 provides that an adoption of a person 14 or older shall not be made without that person’s written consent, acknowledged as Section 10 provides. The court may waive that consent if the person is in need of mental treatment or has an intellectual disability. No consent is required under that section if the person died before giving it.

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.

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