Stepparent and Contested Adoptions in Illinois

For many families, a stepparent adoption is the moment that confirms what everyone already feels: this is my child. But when a biological parent objects, the case can quickly become complex and emotional. In those situations, you need an adoption lawyer who is comfortable in trial and knows the Adoption Act inside and out.

At Parker & Parker Attorneys at Law, trial work is part of what we do every day. We represent stepparents and relatives in both uncontested and contested adoptions. When a legal or putative father (or sometimes a mother) contests the adoption, we are prepared to litigate the termination of parental rights while keeping the child’s needs at the center of the case.

Stepparent Adoptions When Everyone Agrees

Many stepparent adoptions are straightforward. The biological parent whose rights will end may be willing to sign a consent, or may already have had very limited contact with the child and agree that adoption is the right step.

In an uncontested stepparent adoption, we help you:

• File the adoption petition and related paperwork in the proper county
• Make sure notice is given correctly to all parents who must be notified
• Arrange for consents or surrenders to be signed in compliance with Illinois law
• Prepare you and your child for the final hearing

When everyone is on the same page, the main goals are accuracy, timing, and making the process as calm as possible for the child.

When Stepparent Adoptions Become Contested

Stepparent cases often have the potential to become contested. They frequently involve older children and a history with a biological parent who may not be involved in the child’s daily life but still appears when an adoption is filed.

Common patterns include:

• A noncustodial parent who has not visited or supported the child for years
• A parent who has been absent due to substance use, incarceration, or repeated criminal activity
• A parent who has moved away and had little or no contact, but objects once they learn of the adoption
• A situation where the child strongly identifies with the stepparent and wants the adoption, but the other parent does not

In these cases, the court cannot simply “choose” one parent over another. The judge must first decide whether the objecting parent is legally “unfit” under the Adoption Act and, if so, whether the adoption is in the child’s best interests.

Grounds of Unfitness Under the Illinois Adoption Act

Illinois law sets out specific grounds for finding a parent “unfit.” The list is detailed, but some of the grounds we most often litigate in stepparent and contested adoptions include:

• Failure to maintain a reasonable degree of interest, concern, or responsibility for the child
• Failure to make reasonable efforts to correct the conditions that led to the removal of the child
• Failure to protect the child from conditions within their environment that are harmful
• Desertion or abandonment of the child
• Depravity (usually based on certain criminal convictions or a pattern of serious offenses)
• Inability to discharge parental responsibilities due to mental disability

Each case is fact-specific. We look closely at the history of contact, support, parenting decisions, and any prior court findings. Our job is to select the grounds that best fit your situation and build a clear, respectful case around those facts.

How We Build a Contested Adoption Case

Contested adoptions are real lawsuits. They involve formal pleadings, service of process, evidence, and often a trial. Our experience with the Adoption Act allows us to use the tools of litigation efficiently rather than fighting over every issue.

We typically:

• Review all prior court orders, parenting judgments, and juvenile court records
• Gather school, medical, counseling, and other records that show the child’s actual home life
• Use discovery tools such as written questions, subpoenas, and depositions when needed
• File motions to narrow the issues and resolve certain questions before trial
• Prepare the stepparent, custodial parent, and (when appropriate) the child for testimony

Over the years, we have tried stepparent adoption cases on many different grounds of unfitness, including failure to maintain contact, desertion, inability to parent due to mental health issues, and depravity. We have also defended involved parents whose rights should not be terminated. That experience helps us advise you honestly about the strengths and risks of your case.

What to Expect in a Contested Stepparent Adoption

Every case is different, but most contested adoptions follow the same general steps:

1. Initial consultation and case review.
We meet with you to understand your family’s history, the child’s relationship with each parent, and any prior court involvement. We also discuss the child’s wishes and emotional needs.

2. Filing the adoption and termination petition.
We file a petition that asks the court both to grant the adoption and to terminate the other parent’s rights based on one or more grounds of unfitness under the Adoption Act.

3. Notice and response.
The other parent must be properly served and given a chance to respond. Some cases resolve at this stage if the parent chooses to consent once they understand the law and the likely outcome. Others move forward as fully contested cases.

4. Unfitness trial.
If the parent contests, the court holds a trial on unfitness. The evidence is focused on the parent’s behavior and history, not on which home is “better.” We present testimony and documents to show that one or more grounds of unfitness are proven.

5. Best interests hearing.
If the court finds the parent unfit, the case moves to a separate hearing on the child’s best interests. At this point, the judge may consider a wider range of evidence about the child’s current home, stability, school, relationships, and wishes.

6. Final judgment of adoption.
If the court concludes that adoption is in the child’s best interests, it enters a judgment terminating the objecting parent’s rights and granting the adoption to the stepparent. We then help obtain a new birth certificate and answer questions about name changes and future legal issues.

Supporting Children Through a Contested Adoption

Children are at the heart of these cases. A contested stepparent adoption can stir up old hurts, loyalty conflicts, and anxiety about the future. We encourage parents to work with counselors, school staff, and other supports to help the child feel safe and heard.

Legally, we pay close attention to:

• How and when the child will need to speak to the judge or guardian ad litem
• Whether testimony from the child is necessary or can be kept to a minimum
• How to frame the case so that the child is not put in the middle of a tug-of-war

Our goal is to protect the child’s long-term emotional health, not just to win a legal contest.

Why Experience in Contested Adoption Matters

Not every family law attorney is familiar with the nuances of the Adoption Act. Contested adoptions have their own procedures, timelines, and strategic choices that are different from divorce, custody, or child support cases.

Because we focus heavily on adoption work, including stepparent and contested cases, we are able to:

• Spot grounds of unfitness that may not be obvious at first glance
• Use Adoption Act procedures to narrow issues and reduce unnecessary litigation
• Advise you realistically about settlement versus trial
• Handle the trial, if needed, with a clear plan and careful preparation

If you want a broader overview of adoption paths before focusing on a contested case, you can also review our main Illinois adoption practice page and our blog article, Starting the Adoption Journey in Illinois: Where Families Begin.

Contact Us About Stepparent and Contested Adoptions

We welcome your inquiry about a contested adoption or any stepparent adoption case, whether it appears simple now or already involves a serious dispute. Early legal advice can make a major difference in how these cases unfold.

Call Parker & Parker at 309-673-0069 or send an email message to schedule a consultation.