In many states, including Illinois, the permission of both parents is required for someone to adopt their child. Sometimes, one or both parents are unwilling to give this permission. In some other cases, birth parents can’t be contacted to find out if they are willing to allow their child to be adopted.
Fortunately, this doesn’t necessarily signal the end of your adoption case. With enough evidence, courts can find that a parent’s consent is not required, allowing an adoption to proceed even if they do not agree. There are also legal steps that can be taken when a parent cannot be found.
A DeKalb, IL adoption attorney can help you understand what your options are in your 2026 adoption case if the birth parent won’t agree to adoption.
Can an Illinois Court Approve an Adoption Without a Parent’s Consent?
Courts may approve an adoption in spite of a parent’s wishes. This usually happens if the court finds that the nonconsenting parent is legally “unfit” (750 ILCS 50/8). Proving unfitness requires “clear and convincing evidence.” Without evidence, the court will not approve an adoption that a parent doesn’t agree to.