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When is consent to an adoption not required?

One of the most important aspects of finalizing an adoption in Illinois, whether it be the case of a stepparent adopting his or her stepchild or two parents adopting a child, is getting the consent of the child's biological parents.

Rockford residents who are interested in adopting naturally hope that this process goes smoothly, and many of them only are interested in adopting where parents have already agreed to give up their children. However, there are always going to be occasions in which biological parent will not agree to an adoption, even if it is apparent that doing so is in their child's best interests.

When this happens, adoptive parents can still try to adopt a child, even without the biological parents' agreeing to it. Those who want to adopt will have to show that one of a few specific legal grounds for ignoring a parent's wishes apply to the particular situation.

For example, they can show that the parent has outright abandoned their child and has only come back in to the picture because of the prospect the child will be adopted. Even if the parent has remained minimally involved in their child's life, would-be adoptive parents can also try to demonstrate that the biological parent either cannot or will not be able to give their child proper care. This can be demonstrated by showing a pattern of abuse or neglect.

It is important for adoptive parents facing this sort of situation to realize that the biological parents have certain fundamental rights to raise and rear their children, which means a court might be reluctant to grant an adoption if it feels that a parent is any way capable for caring for his or her own child. This is a good reason why those wishing to adopt should consider talking the matter over with an experienced family law attorney before trying to go forward without a biological parent's consent.

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The Law Office of Bradley R. Tengler, Inc. 728 North Court Street, Suite B Rockford, IL 61103 Phone: 815-981-4859 Fax: 815-997-5129 Rockford Law Office Map