Section Newsletters

Articles on Adoption

Agency v. DCFS Adoption: An Adoptive Parent’s Perspective By Jessica N. Hudspeth Child Law, October 2020 Reflections on the adoption process from an adoptive parent.
The rebuttable presumption of depravity in the Adoption Act: A closer look By Judge Martin Mengarelli Child Law, April 2019 There is a great deal of confusion around the concept of the rebuttable presumption of depravity as it relates to unfitness under the Adoption Act.
Tips for representing stepparents in uncontested adoption cases By Mary F. Petruchius General Practice, Solo, and Small Firm, September 2018 As a private practitioner, you may be retained to represent your client in an uncontested adoption matter. This article outlines the basic procedures for doing so.
Tips for representing stepparents in uncontested adoption cases By Mary F. Petruchius Child Law, May 2018 As a private practitioner, you may be retained to represent your client in an uncontested adoption matter. This article outlines the basic procedures for doing so.
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 & 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.
2006 Family law legislative update By Adrienne W. Albrecht Family Law, August 2006 After absorbing monumental changes to the Adoption Act in 2005, the full ramifications of which are still being realized, a total revision of the law affecting guardians ad litem and child representatives, and other assorted revisions, 2006 has lived down to its low expectations, being a “rules” year.
Supreme Court decisions that the General Assembly may wish to consider Bench and Bar, April 2006 Recent decisions of interest.
Private adoptions-Right to counsel By Phillip B. Lenzini Family Law, April 2005 Under the category of "human rights," particularly when viewed by attorneys, perhaps no single right is believed as important and prophylactic as the right to be represented by a competent attorney.
Private adoptions-Right to counsel By Phillip B. Lenzini Human and Civil Rights, March 2005 Under the category of "human rights," particularly when viewed by attorneys, perhaps no single right is believed as important and prophylactic as the right to be represented by a competent attorney.
Supreme Court decisions that the General Assembly may wish to consider Bench and Bar, March 2005 Recent cases that may warrant legislative action.
When navigating the uncontested related adoption highway, you still need a map By Chris S. Haaff Young Lawyers Division, October 2004 Do not let the facts that an adoption is for a related child and will be uncontested lull you into thinking related adoptions are easy.
How the application of the Foreign Corrupt Practices Act can help regulate international adoptions By Sandra Vreedenburgh International and Immigration Law, March 2004 Adoption is an instrument for giving a family to a child who does not have one and not the other way around."

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