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Illinois adoption

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  • Illinois adoption

    I have a friend whose daughter wants me to adopt her baby. she is only 14. anyways, I live in Illinois. we were planning on an open adoption. Do we have to legally have a homestudy? Can we just draw up paperwork? we have been friends for more than 15 years. the father is unknown.

  • #2
    Yes state law requires the homestudy

    You have to follow Illinois law. It is excerpted below from the State of Illinois website. and click on “Adoption Law.”
    See below. 750 ILCS 50/6 answers you. Yes. You will have to go thru with the homestudy.
    750 ILCS 50/4) (from Ch. 40, par. 1505)
    Sec. 4. Jurisdiction and venue.
    An adoption proceeding may be commenced in the circuit court of the county in which petitioners reside, or the county in which the person to be adopted resides, or was born, or the county in which the parents of such person reside, provided, however, if an agency has acquired the custody and control of a child and such agency is authorized to consent to the adoption of such child, the proceeding may be commenced in any county, and provided further that if a guardian of the person of such child has been appointed by a court of competent jurisdiction, the proceeding may be commenced in any county.

    (750 ILCS 50/5) (from Ch. 40, par. 1507)
    Sec. 5. Petition, contents, verification, filing.

    (750 ILCS 50/6) (from Ch. 40, par. 1508)
    Sec. 6. A. Investigation; all cases. Within 10 days after the filing of a petition for the adoption or standby adoption of a child other than a related child, the court shall appoint a child welfare agency approved by the Department of Children and Family Services, or a person deemed competent by the court, or in Cook County the Court Services Division of the Cook County Department of Public Aid, or the Department of Children and Family Services if the court determines that no child welfare agency is available or that the petitioner is financially unable to pay for the investigation, to investigate accurately, fully and promptly, the allegations contained in the petition; the character, reputation, health and general standing in the community of the petitioners; the religious faith of the petitioners and, if ascertainable, of the child sought to be adopted; and whether the petitioners are proper persons to adopt the child and whether the child is a proper subject of adoption. The investigation required under this Section shall include a fingerprint based criminal background check with a review of fingerprints by the Illinois State Police and Federal Bureau of Investigation. Each petitioner subject to this investigation, shall submit his or her fingerprints to the Department of State Police in the form and manner prescribed by the Department of State Police. These fingerprints shall be checked against the fingerprint records now and hereafter filed in the Department of State Police and Federal Bureau of Investigation criminal history records databases. The Department of State Police shall charge a fee for conducting the criminal history records check, which shall be deposited in the State Police Services Fund and shall not exceed the actual cost of the records check. The criminal background check required by this Section shall include a listing of when, where and by whom the criminal background check was prepared. The criminal background check required by this Section shall not be more than two years old.
    Neither a clerk of the circuit court nor a judge may require that a criminal background check or fingerprint review be filed with, or at the same time as, an initial petition for adoption. -----ELKLAW