Illinois Adoption Attorney | Where Families Begin
Sat 28 Apr, 2018 / by Parker and Parker / Adoption
Starting the Adoption Journey in Illinois: Where Families Begin
Many people reach a moment when they ask the same big question: “Where do we even start with adoption?” It can feel overwhelming at first. There are many paths, each with its own rules, timelines, and emotions. But with the right information, families can make choices that fit their hopes and needs.
At Parker & Parker Attorneys at Law, we work with families across Illinois who are thinking about adoption for many reasons—single parents, same-sex couples, couples facing infertility, families wanting to provide a home for a child in need, or parents who simply feel that adoption is their path. No matter the story, the early steps are often the same.
Understanding the Main Adoption Paths
Most families start by learning the major types of adoption in Illinois. Each one offers a different way in, and understanding these choices early helps set expectations.
Domestic Private Adoption
This is when an expectant mother or birth parents choose the adoptive family. These matches can come through licensed Illinois adoption agencies or through the family’s own outreach. Private adoption offers personal connection, but it also has more steps to manage—legal, emotional, and practical.
The biggest question is often how adoptive parents and expectant parents find each other. Years ago, most matches came through agencies. Today, many initial connections happen online. Families may create websites, social media pages, or profiles on matching platforms. Expectant parents often search the internet before contacting any agency. Because of this, families need to be aware of both opportunities and risks in the online space.
Foster Care Adoption
Some families adopt children from the Illinois foster care system. These children are usually older, part of a sibling group, or have experienced trauma. Foster care adoption can take time, but the cost is usually low or no-cost, and families receive training and support. DCFS works with licensed agencies to place children whose parental rights have been terminated.
Relative or Stepparent Adoption
These happen when a child is already connected to the family—through a stepparent, grandparent, aunt, uncle, older sibling, or another relative. These cases often move more quickly because the child already knows the prospective parent. Still, the law requires background checks, consents, and a short investigation before finalization.
Intercountry (International) Adoption
International adoption involves another country’s laws plus U.S. immigration rules. Illinois families must also work with a Hague-accredited agency. Wait times and travel vary widely, and some countries open or close programs with little notice.
How Families Find Adoption Opportunities Today
Your practice-guide chapter explains that the world of private adoption has changed a lot. The internet has opened new doors—but also created confusion. Many Illinois families now begin their search online, not with an agency. This is why knowing the rules is so important.
The law in Illinois protects both adoptive families and birth parents by limiting who can provide “adoption services.” Only licensed, nonprofit agencies may do this work. The state wrote these rules to remove profit motives from adoption and make sure families get honest information.
What About Out-of-State Websites or Matching Services?
Families often find national websites that promise fast matches for high fees. These groups may call themselves “facilitators.” Illinois has some of the strictest laws in the country on this issue. A business that matches expectant parents with adoptive families for money must be licensed here. Many online groups are not.
If an out-of-state agency or matching service helps an Illinois family, it must register with DCFS. Without that registration, it cannot legally provide adoption services to Illinois residents. Yet, even with strong laws on paper, the internet makes it easy for unlicensed groups to advertise in Illinois. Families must be careful about paying upfront fees, giving sensitive information, or relying on groups that avoid Illinois licensing.
Working with an Illinois attorney early helps families understand what is allowed and what is not. It also helps prevent situations involving fraud or improper payments, which can lead to the Adoption Compensation Act—Illinois’ law that makes certain payments a felony.
Adoption Agencies in Illinois: What Families Should Know
Illinois agencies must follow detailed rules to protect children and families. These rules help parents know what to look for when choosing an agency.
Nonprofit Status
All Illinois adoption agencies must be nonprofits. This means they cannot be run for private profit. The goal is to prevent financial pressure that could affect families’ choices.
Public Reporting Requirements
Agencies in Illinois must report information each year to DCFS. This includes fees, total placements, and complaint histories. Families can review this information to see how open and stable an agency is.
Required Disclosures & Clear Fee Schedules
Illinois law requires agencies to disclose their fees up front. They cannot add new categories of expenses mid-process. They must also explain what is refundable and what is not, so families are not surprised later.
Complaints and Accountability
Illinois maintains a DCFS complaint registry for adoption agencies. Agencies must also have their own written complaint procedures. This gives families a way to raise concerns if something feels wrong. Most families will never need it, but knowing that it exists brings peace of mind.
Finding a Birth Parent on Your Own: What Illinois Allows
Some families prefer to do their own outreach instead of relying on an agency for matching. Illinois law lets adoptive parents search on their own behalf. This can include creating profiles, running ads, or using social media. But there are limits.
Only certain expenses may be paid for an expectant mother, and those expenses must be allowed by law. Payments may cover reasonable living expenses, medical costs, and counseling. But paying money to “buy” a placement is illegal, and violations can be charged as felonies.
When a family and expectant parent connect, an Illinois attorney can explain what support is legal, help manage communication, and make sure the process stays ethical and safe for everyone.
Home Studies and Background Checks
In every type of non-relative adoption in Illinois, a licensed agency must complete a home study. This is not a test of “perfect parenting.” Instead, it checks safety, stability, and readiness. The process usually includes:
• Background checks
• Fingerprints
• Home visits
• Interviews
• References
• Training hours
Some families feel nervous about this part. But keeping perspective helps: the goal is to protect the child. Most families pass easily with simple guidance.
What Happens After You Match?
Once an expectant parent chooses a family, the legal steps begin. These steps vary depending on whether the adoption is private, foster-care-based, or relative-based. In private adoption, birth parents may sign consents after the baby is born. Illinois has clear rules about when consents may be signed and how they may be withdrawn.
During this period, working with an attorney helps ensure the paperwork is valid, the payments are lawful, and the placement is stable. Clear communication also helps reduce stress for both sides.
What Adoptive Parents Most Often Ask
People beginning this journey often want help understanding where to begin. Here are the top questions we hear:
1. What type of adoption is right for our family?
It depends on your goals. Private adoption is common for newborns, foster care adoption serves children already in the system, and relative or stepparent adoption formalizes existing family bonds.
2. How long does the adoption process take?
Timelines vary widely. Private matches may come quickly (around six months) or take longer (up to two years), depending often on how much adoptive parents are willing or able to invest in nationwide networking. Foster care adoption depends on court timelines, but Illinois is generally last in the country in the average time it takes a case to reach “permanency,” which is about three years. International adoption varies dramatically by country. A lawyer can help refine your goals and set realistic expectations.
3. How do we avoid scams in private adoption?
Be cautious of out-of-state facilitators not licensed in Illinois, large upfront fees, or promises of guaranteed matches. Illinois law limits who may provide adoption services and how fees may be charged.
4. What support can adoptive parents legally provide to an expectant mother?
Illinois allows help with reasonable living expenses, medical care, transportation, counseling, and the expectant mother’s own attorney fees. These supports must relate directly to the pregnancy and the adoption process. What is prohibited are payments that look like compensation for the child or incentives to place, which the Adoption Compensation Act makes a Class 4 felony. This means no lump sums, gifts, or promises of future support. Allowed expenses must be documented and handled properly to protect everyone involved.
5. What is the Illinois Adoption Compensation Act?
The Adoption Compensation Act is Illinois’ law that bans paying or receiving money or anything of value in exchange for placing a child for adoption. It does not forbid normal pregnancy-related expenses, but it draws a bright line between support and compensation. The law was designed to prevent financial pressure on expectant mothers, stop unethical actors, and keep the process transparent. Violations can be charged as felonies, so families should work with a licensed agency or attorney when providing permitted expenses.
6. What is a home study and why is it required?
A home study is a safety and readiness check by a licensed agency. It includes background checks, home visits, interviews, and references. It helps protect the child and prepare the family for adoption.
Taking Your First Step
No family has to figure this out alone. Learning the rules, asking questions, and choosing trusted guidance all make the process smoother. Every adoption has its own path, but the first step is almost always the same—getting clear, calm information.
To talk about your hopes and concerns, or to start mapping out your own adoption plan, we welcome you to reach out.
For help beginning or continuing your adoption journey, call Parker & Parker Attorneys at Law at 309-673-0069, visit our contact page, or schedule online for injury cases or for adoptions.
