Can You Adopt a Relative’s Child in Illinois?

 Posted on October 22, 2026 in Family Law

Taking care of a relative’s child often begins with helping during a difficult time. If that arrangement becomes long-term, you might want to give the child a permanent home and make your role as their parent legally secure.

Illinois allows relatives to adopt children through a process called related adoption. The court must address the existing parents’ rights and decide whether adoption serves the child’s best interests. If you are considering adoption in 2026, our Orland Park, IL family law attorneys will explain the requirements and help you prepare.

Which Relatives Can Adopt a Child in Illinois?

Under 750 ILCS 50/1, several family relationships qualify for related adoption. The relationship can be through blood, marriage, adoption, or civil union. These include:

• Grandparents and great-grandparents
• Aunts and uncles, including great-aunts and great-uncles
• Brothers and sisters
• First and second cousins
• Certain step-relatives

Being related does not automatically make someone eligible to adopt. The person must also meet the requirements for becoming an adoptive parent, and the court must approve the adoption.

Do the Child’s Parents Have to Agree to a Relative Adoption in Illinois?

A relative cannot take over a parent’s legal rights simply because they have been raising the child. According to 750 ILCS 50/8, adoption requires consent from the people legally entitled to give it unless an exception applies.

When a parent agrees, they must complete the required legal consent. An informal message saying that you should keep the child does not replace that process. The court also needs to address the rights of the other parent, even if that person has not been involved recently.

If a parent objects, the adoption requires a legal basis to proceed without their consent. That could involve proving parental unfitness and showing that ending their rights serves the child’s best interests. Wanting to provide a more comfortable home is not enough to meet that standard.

Children who are 14 or older generally must also give written consent to their adoption, although the court can waive this requirement in limited circumstances.

Does an Illinois Relative Adoption Require a Home Study?

A home study is not automatically required when you adopt a relative’s child. Under 750 ILCS 50/6, the court has discretion to order an investigation when the child is related to the person seeking adoption.

A home study looks at the proposed adoptive parents and the home they would provide. For example, concerns about the child’s safety in the home could lead the judge to require one. Families should confirm what the court requires rather than assume that their relationship eliminates every screening step.

How Do You Start the Process of Adopting a Relative’s Child in Illinois?

You begin by filing an adoption petition in court. The petition identifies the child and the proposed adoptive parents and provides the information required for the case.

Before filing, gather the child’s birth certificate and any existing custody or guardianship orders. Information about both legal parents is also needed to determine whose consent or notice is required.

Tell your lawyer if DCFS is involved or another court is already handling the child’s placement. An existing child welfare case affects how the adoption should proceed. Caring for the child through a DCFS placement does not give a relative permission to bypass that case.

The court will review the required documents and resolve any contested issues before deciding whether to enter a final adoption judgment.

Does Adopting a Relative’s Child in Illinois Make You Their Legal Parent?

A final adoption makes you the child’s legal parent, with the same responsibility to raise and support them as any other parent. You gain the authority to make decisions about their daily life and care.

The child's existing parents generally lose their legal rights and responsibilities. However, a parent who joins the adoption petition, such as when their spouse adopts the child, keeps their parental rights. A parent whose rights have ended does not regain them simply because they later find stable housing or become better able to provide care.

This is a permanent change, even if you first took the child in during a family emergency. If the goal is to care for the child until a parent is ready to resume that role, consider whether guardianship would better fit the arrangement.

Contact an Orland Park, IL Adoption Lawyer

Adopting a relative’s child involves decisions about both their future and your relationship with their parents. At The Foray Hurst Firm, our attorneys will help you address parental rights and work toward an adoption that protects the child’s future.

Our two-attorney team is committed to preserving the dignity of families in transition. We provide guidance that respects the family relationships involved while addressing the legal steps ahead. Contact our Joliet, IL adoption attorneys or call 312-702-1293 to schedule a consultation.