If you’re adopting a child from their biological parent, it’s important to understand how much that parent’s wishes can impact the process. This could be to help your own anxieties about the adoption going smoothly. It can also help you know how to respond if the biological parent has a sudden change of heart with regard to you adopting their child.
A Chicago family law attorney can help you with any questions about the adoption process you may have in 2026.
Does a Biological Parent Have to Consent to an Adoption in Illinois?
Under the Illinois Adoption Act (750 ILCS 50/8), consent or surrender is required from a biological parent before a child can be adopted unless the court finds that the parent is an “unfit person.” There are a few other unusual circumstances where consent isn’t required, like the child’s “father” not being their biological father. In most cases, the parent’s rights must either be voluntarily given up or involuntarily terminated by a court.