What Are the Biggest Hurdles to Adoption in Illinois?

 Posted on April 14, 2026 in Family Law

Adoption isn’t always straightforward. The legal process involves court hearings, background checks, and often, home studies. Many cases also need the consent of birth parents, who may not be on board. If you're thinking about adopting in 2026, knowing what stands between you and finalization can help you prepare. A DuPage County adoption lawyer can walk you through what to expect and where the process tends to stall.

Why Do Adoptions in Illinois Tend To Take So Long?

Adoption in Illinois is a multi-step legal process that can stretch months, or even years, depending on the type of adoption. The Illinois Adoption Act (750 ILCS 50) governs requirements for all prospective adoptive parents.

Among the most time-consuming steps is the home study. Home studies involve a licensed child welfare professional visiting your home. They will:

• Interview family members

• Reviewing financial records

• Assess whether your household is a suitable environment for a child

According to the Adoption Center for Family Building, most families complete home studies within three or four months if they are prepared and communicate with their social worker consistently. The process is thorough by design, but it can feel invasive and slow.

Background checks are another required step that can create delays. Any criminal history, even older offenses, can trigger further review or disqualify a prospective parent altogether.

What Are the Most Likely Complications in an Adoption?

Consent is one of the most common sticking points. In Illinois, a birth parent's consent is generally required before an adoption can move forward. If a birth parent refuses, can't be located, or tries to revoke consent after giving it, the process can stall significantly.

When consent isn't possible, the court may consider terminating parental rights without the parent's consent, but it won’t do this lightly. Courts require significant grounds, such as abandonment, neglect, abuse, or a finding that the parent is unfit per Illinois law. Birth parents have the right to an attorney and can challenge termination in court. If they use these rights, it can make this stage of the adoption process lengthy and emotionally taxing.

Consent isn't the only place things can get complicated. Other situations that may stall or derail the adoption include:

• The birth father is unknown or hasn't been identified by the mother.

• The child was born in another state with different consent laws.

• There is an open Department of Children and Family Services case, or the child is currently in foster care.

Some adoption methods come with higher likelihoods of a long, drawn-out process. International adoption, for example, often takes significant money and time. 

Are Stepparent or Relative Adoptions More Straightforward than Agency Adoptions in Illinois?

People often assume that stepparent or relative adoptions are simpler than agency adoptions. They can be, but they have their own challenges.

In a stepparent adoption, the non-custodial birth parent must still consent or have their rights terminated. If that parent is involved in the child's life even minimally, they may not be eager to consent to adoption. Parental involvement also makes meeting the legal threshold for termination more difficult. Judges do not remove a parent from a child's legal life without careful consideration.

Relative adoptions (sometimes called kinship adoptions) involve grandparents, aunts, uncles, or other family members stepping in to adopt a child. These cases often arise out of difficult family circumstances like parental death, incarceration, or abuse. While courts are generally supportive of keeping children within families, the process may still need a home study. It will certainly need court approval, and, in many cases, termination of the birth parents' rights.

Call Our Wheaton, IL Adoption Lawyers Today

Adoption is worth every hurdle, but it doesn’t mean the process won’t be difficult or discouraging sometimes. Having strong legal support helps. At Roberts PC, our DuPage County adoption attorneys work hard to resolve cases efficiently and keep costs manageable for clients. When a case needs to go to court, they're ready to take it there. Every client has direct access to Attorney Roberts’ cell phone number and email, so you're never left wondering what's happening with your case. Call 630-668-4211 today for a free consultation.