Section Newsletter Articles on Adoption

The Illinois Supreme Court bars a non-parent from raising the “equitable adoption” and “functional parent” theories to seek custody of a child By Michele M. Jochner Family Law, April 2015 The Illinois Supreme Court has delivered its long-awaited answer to a question which has been debated in the family law community for some time: Does the doctrine of “equitable adoption”—first recognized by our Supreme Court in its 2013 decision in DeHart v. DeHart—also apply in the context of child custody actions?
In re Marriage of Mancine v. Gansner, In re the Parentage of Scarlett Z.-D. and the status of “equitable parents” and “equitable adoption” in Illinois By Heather M. Hurst Family Law, July 2014 Two new cases have recently been issued from the Illinois Appellate Courts addressing the doctrines of “Equitable Parents” and “Equitable Adoption.”
Changes to the Adoption Act intended to reduce time to termination By Anne Bartolo Child Law, December 2013 Late last summer, the Illinois Legislature passed SB 1686, amending the Adoption Act by changing the measuring time frame for parents to make reasonable progress toward their Court-ordered services in order to avoid termination of their parental rights.
Relatives by choice: The Illinois Supreme Court’s decision recognizing equitable adoption By Ayla N. Ellison Family Law, June 2013 If an adoption has not been formally judicially completed there are several legal processes that can be used for an adoption to still be legally recognized.
Illinois adopts equitable adoption By Gary R. Gehlbach Trusts and Estates, May 2013 The case of DeHart v. DeHart provides a useful primer on the requirements for setting aside a will or asserting that someone tortuously interfered with an economic expectancy. More importantly, the decision establishes a new cause of action, equitable adoption.
Update: Against the best interest of children: Religious discrimination, civil unions, foster care and adoption By Linda S. Coon Child Law, November 2011 A discussion of the reasons for the ISBA Child Law Legislation Subcommittee's opposition to a bill in the Illinois Senate that would have amended the Civil Union Act to allow "religious child welfare agencies" to discriminate under some circumstances.
Adoption code changes affecting access to birth certificates By Kimberly L. Dahlen and Ayla N. Ellison Child Law, August 2011 Beginning November 15, 2011, any adopted adult or surrendered person, who was born in Illinois on or after January 1, 1946, may complete and file a request for a non-certified copy of an original birth certificate.
Changes to consent requirements in the Adoption Act By Kimberly L. Dahlen Child Law, August 2011 The revised procedures and forms in the statute must be followed to ensure that an adoption is properly finalized.
Looking for family after the adoption By Catherine M. Ryan Child Law, August 2011 Where does an attorney find help for a client who is seeking birth family information or personal information after the adoption has been accomplished?
Recent adoption legislation By Linda S. Coon Child Law, August 2011 Read about the recent legislation that amends the Illinois Adoption Act.
Restoring parental rights and adoption by former parent: First case under new Illinois statute completed By Linda S. Coon Child Law, August 2011 The process established by the law applies to situations in which children have been adopted through DCFS by a relative, and that relative has died or has become disabled and is unable to provide care for the children and consents to the adoption by the former biological parent.
Child Law Report: Illinois 96TH General Assembly By Linda S. Coon Child Law, December 2010 A summary of new laws of major interest to the ISBA's Child Law Section Council.
More parents for more children: The modernization of adoption By Joseph F. Emmerth, IV Child Law, December 2010 A look at the two adoption cases heard in In re Petition of K.M.
Who has the right to contest the validity of a voluntary acknowledgment of paternity when dealing with the Putative Father Registry? By Kimberly J. Anderson Family Law, May 2009 A look at the challenges of contesting and amending of a Voluntary Acknowledgment of Paternity in an adoption case.
“Safe haven” adoptions By Don C. Hammer Child Law, March 2009 If the practitioner receives a call from prospective adoptive parents, or from an agency, informing the practitioner that a baby had been abandoned pursuant to the Abandoned Newborn Infant Protection Act, what should the practitioner know and do?
What is the definition of “Commencing legal proceedings” when dealing with the Putative Father Registry? By Kimberly J. Anderson Family Law, March 2009 In the case outlined in this article, the father registered with the Putative Father Registry, and as required by statute, within thirty days of the date that he signed the Putative Father Registry, he “commenced legal proceedings” to establish parentage of his child.
DuPage County modifies local rule on adoptions By Sean McCumber Child Law, September 2008 The changes to the Eighteenth Judicial Circuit court local rule regarding adoptions, while expansive, are simple and user-friendly.
More parents for more children: The modernization of adoption By Joseph F. Emmerth Child Law, January 2008 The Adoption Act directs the court to “liberally construe” its provisions; plain and simple, this means that the statute should apply to more cases and situations than it otherwise would if construed strictly.
Taking adoption out of the closet and into the open By Sean McCumber Child Law, January 2008 When I was younger, I remember many television shows and after-school dramas about the topic of adoption.
Adoption: “Due and diligent” inquiry By Don C. Hammer Family Law, September 2003 Your client wants to adopt his new wife's child. The wife says she has not heard from the child's father for many years and she doesn't know where he is
Recent cases By Barry H. Greenburg Family Law, May 2001 Summaries of the recent cases of In Re the Marriage of Drury, In Re Petition of Mary Klak, In Re Marriage of Carter, In Re Shaddle, In re Adoption of D___, In Re Marriage of Lehr, In Re Marriage of Gattone, In Re J.P., In Re Marriage of Beerbridge, In Re the Marriage of Buck, In Re Marriage of Didier, In Re the Marriage of Petersen, In Re Donath v. Buckley, In Re Cerven and In Re Troy S. and Rachel S.
Practice trap: Baby Richard turns mischievous? By Terrence M. Madsen General Practice, Solo, and Small Firm, December 2000 Has "Baby Richard" created jurisdictional land mines outside of the Adoption Act that could affect the integrity of sound and secure relationships developed pursuant to the Parentage Act?