Mary J. Rocco 

ATTORNEY AT LAW, LLC

​​Call for a Free Consultation: 

630-780-8242

​​Office Location:

One Lincoln Center

18W140 Butterfield Road Suite 1500

Oakbrook Terrace, IL  60181

Adopting a child can be one of the happiest and most stressful time periods in a family’s life. The decision to add a new member to your family is life-changing and it is important that it is done correctly. 


Types of Adoption


There are several types of adoption that are available to people in Illinois.


  • Private Adoption: This is where the birth parents place their child with a specific adopting family through the services of an attorney. An agency does not have to be involved in this type of adoption, but counseling can be provided through an independent service provider.
  • Agency Assisted/Fostercare Adoption: In this type of proceeding it is the agency that provides counseling services to the birth parents and adopting family, conducts the homestudy of the adoptive home and makes all the arrangements for the adoption. Legally the parents “surrender” their rights to the agency and it is the agency that places the child with an identified adopting resource.
  • Interstate: If a child that is to be adopted resides outside of Illinois then the adoption must comply with the law of The Interstate Compact on the Placement of Children (ICPC).  Residents of Illinois who wish to adopt a child that resides outside of the state must have completed a homestudy and obtained a foster parent license of an Illinois child welfare agency, even if the adoption is private. Under the ICPC both states must approve the placement before the child can physically leave the state where the birth parent resided to come to the adoptive parent’s residence.
  • International: When a child lives in a different county, the family must complete a homestudy by an Illinois child welfare agency.  Usually, the adoption is completed in the child’s country of origin and many families choose to “re-adopt” the child in the United States to confirm the foreign adoption’s validity. (Though some countries such as Korea, Philippines and India require that the adoption be completed in the United States). 


Adoption Homestudy


A homestudy is required in most adoptions. This is a thorough investigation of your home, family and other relationships. It is a time consuming process and takes an average of 2-6 months to complete.  


If you are planning on adopting a child, it is a good time to start preparing. Be sure to gather all your important documents including, but not limited to birth certificates, marriage licenses, tax returns, W2s, and financial statements. You will also need to obtain a recent physical and a valid TB test. Fingerprinting and criminal background checks are also a requirements of this process.  Lastly, a home visit in conducted to ensure that you have a safe home with reasonable space to accommodate a child. 


Birth Certificate and Social Security Number


An amended birth certificate is issued by the Illinois Department of Public Health (IDPH) and takes about 2-3 months to receive. Once the child has been adopted and name has been legally changed a social security number can be issued in the child’s adoptive name. While the adoption is pending , adoptive parents can obtained an Adoption Tax Identification Number (ATIN) from the IRS, which can be used in place of a social security number until the adoption is finalized.


Resources


Adoption Center of Illinois - http://adoptioncenterofillinois.org/
Dave Thomas Foundation - https://davethomasfoundation.org/
Illinois Department of Children and Family Services (DCFS)- https://www.illinois.gov/dcfs/lovinghomes/adoption/Pages/default.aspx
Illinois Center for Adoption and Permanency (ICAP) - http://illinoiscap.org/
Child Adoption Resources - http://www.childadoptionresources.com/child_adoption/child_adoption_illinois.htm
Adoption Services - http://www.adoptionservices.org/adoption_manual/index.htm
IRS Adoption Credit and Adoption Assistance Programs- https://www.irs.gov/taxtopics/tc607.html


To obtain more information on qualifying for and/or receive assistance on any of these legal issues please contact our office at (630) 780 – 8242 and we will be happy to help.

Adoption