NextLevel Law P.C

PLEASE NOTE: NextLevel Law, P.C. by Daniel R. Hernandez, Esq. remains open and available to serve you during the COVID-19 crisis. We are offering our clients the ability to meet with us via telephone or video conference. Please call our office to discuss your options.

PLEASE NOTE: NextLevel Law, P.C. by Daniel R. Hernandez, Esq. remains open and available to serve you during the COVID-19 crisis. We are offering our clients the ability to meet with us via telephone or video conference. Please call our office to discuss your options.

Adoption is often the simplest way for people in the LGBT+ community to expand their families. Although there are some couples in the LGBT+ community that have the opportunity to conceive and carry biological children related to both partners, many other LGBT couples don’t have that luxury.

Adoption may be the best option available for LGBT couples who don’t want to complicate their relationship through the creation of an uneven parenting dynamic. There are many ways for couples to adopt, ranging from international adoption to adoption of older children through foster placement.

However, for many people hoping to start a family, infant adoption is often their top choice. They can raise their child together and serve as the lifelong parents of the child(ren) that they share. What does the process of infant adoption involve in Illinois?

The biological mother will retain her rights for at least 3 days

In some states, adoptive parents receive a newborn infant the second that medical staff finishes checking and cleaning the baby. That isn’t the case in Illinois. In order to reduce the likelihood of conflicts later on, Illinois allows new mothers 72 hours to consider their options after the birth of a child.

During that time, they have the legal right to name the child, make medical decisions and possibly change their mind about placing their child for adoption. The mother can also wait much longer than those three days to finalize her decision. Those three (or more) days after the birth of a potential new member of your family will unquestionably be some of the most nerve-racking yet exciting days of your life.

Even when the baby comes home, the adoption will take many weeks

After the 72 hours have passed and the biological mother of your adopted child has cooperated and handed the child over to you for placement, she gives up her parental rights. However, she is still on the birth certificate until you go to court to finalize the adoption.

You cannot finalize your adoption proceedings until six months after the birth of the child. You will have to step up and show that you have the skills, focus and resources necessary to raise the child. Once the time has passed, the courts can update the birth certificate with the names of the adoptive parents.