Illinois Code § 2

§ 2.

Who may adopt a child. A. Any of the following persons, who is under no legal disability (except the minority specified in sub-paragraph (b)) and who has resided in the State of Illinois continuously for a period of at least 6 months immediately preceding the commencement of an adoption proceeding, or any member of the armed forces of the United States who has been domiciled in the State of Illinois for 90 days, may institute such proceeding: (a) A reputable person of legal age and of either sex, provided that if such person is married or in a civil union and has not been living separate and apart from his or her spouse or civil union partner for 12 months or longer, his or her spouse or civil union partner shall be a party to the adoption proceeding, including a spouse or civil union partner desiring to adopt a child of the other spouse or civil union partner, in all of which cases the adoption shall be by both spouses or civil union partners jointly; (b) A minor, by leave of court upon good cause shown; (c) Notwithstanding sub-paragraph (a) of this subsection, a spouse or civil union partner is not required to join in a petition for adoption for the adoption of an adult if a petitioner is a former stepparent of that adult, or to re-adopt a child after an intercountry adoption if the spouse or civil union partner did not previously adopt the child as set forth in subsections (c) and (e) of Section 4.1 of this Act. For purposes of this Section, "former stepparent" means a person who was married to, or in a civil union with, the legal parent of the adult seeking to be adopted, and the marriage or civil union has ended. B. The residence requirement specified in paragraph A of this Section shall not apply to: (a) an adoption of a related child; (a-1) an adoption of a child previously adopted in a foreign country by the petitioner; (b) an adoption of a child placed by an Illinois-licensed child welfare agency performing adoption services; (c) an adoption of an adult by a former stepparent; or (d) an adoption of a child born in this State who has resided continuously in this State since birth, or a child who has continuously resided in this State for at least 6 months immediately preceding the commencement of the adoption proceeding, if: (1) an Illinois-licensed child welfare agency performing adoption services has acknowledged a consent or surrender of one or both of the biological or legal parents of the child under this Act and the Child Care Act of 1969; or (2) an authorized person under Section 10 has acknowledged a consent of one or both of the biological or legal parents of the child and an Illinois-licensed child welfare agency performing adoption services has counseled the biological or legal parent or parents of the child as to the birth parent rights and responsibilities under the Child Care Act of 1969 and the rules adopted thereunder. C. Nothing in this Section overrides the requirements contained in Public Act 94-586. (Source: P.A. 104-417, eff. 8-15-25.) (Text of Section after amendment by P.A. 104-348) Sec. 2. Who may adopt a child. A. Any of the following persons, who is under no legal disability (except the minority specified in sub-paragraph (b)) and who has resided in the State of Illinois continuously for a period of at least 6 months immediately preceding the commencement of an adoption proceeding, or any member of the armed forces of the United States who has been domiciled in the State of Illinois for 90 days, may institute such proceeding: (a) A reputable person of legal age and of either sex, provided that if such person is married or in a civil union and has not been living separate and apart from his or her spouse or civil union partner for 12 months or longer, his or her spouse or civil union partner shall be a party to the adoption proceeding, including a spouse or civil union partner desiring to adopt a child of the other spouse or civil union partner, in all of which cases the adoption shall be by both spouses or civil union partners jointly; (b) A minor, by leave of court upon good cause shown; (c) Notwithstanding sub-paragraph (a) of this subsection, a spouse or civil union partner is not required to join in a petition for adoption for the adoption of an adult if a petitioner is a former stepparent of that adult, or to re-adopt a child after an intercountry adoption if the spouse or civil union partner did not previously adopt the child as set forth in subsections (c) and (e) of Section 4.1 of this Act. For purposes of this Section, "former stepparent" means a person who was married to, or in a civil union with, the legal parent of the adult seeking to be adopted, and the marriage or civil union has ended. B. The residence requirement specified in paragraph A of this Section shall not apply to: (a) an adoption of a related child; (a-1) an adoption of a child previously adopted in a foreign country by the petitioner; (b) an adoption of a child placed by an Illinois-licensed child welfare agency performing adoption services; (c) an adoption of an adult by a former stepparent; or (d) an adoption of a child born in this State who has resided continuously in this State since birth, or a child who has continuously resided in this State for at least 6 months immediately preceding the commencement of the adoption proceeding, if: (1) an Illinois-licensed child welfare agency performing adoption services has acknowledged a consent or surrender of one or both of the biological or legal parents of the child under this Act and the Child Care Act of 1969; or (2) an authorized person under Section 10 has acknowledged a consent of one or both of the biological or legal parents of the child and an Illinois-licensed child welfare agency performing adoption services has counseled the biological or legal parent or parents of the child as to the birth parent rights and responsibilities under the Child Care Act of 1969 and the rules adopted thereunder. C. A person may commence an adoption proceeding for a youth in care only if the youth in care is placed with the petitioning person or persons by the Department of Children and Family Services at the time the petition is filed, and the Department has provided its consent to the adoption or has otherwise approved the adoption. Nothing in this subsection precludes any rights under Section 15.1 of this Act. The Department shall adopt rules or procedures or both as to what constitutes its approval of the adoption under this subsection. D. Nothing in this Section overrides the requirements contained in Public Act 94-586. (Source: P.A. 104-348, eff. 1-1-26; 104-417, eff. 8-15-25.)