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What Rights Do Birth Parents Have After an Open Adoption in Illinois?

Posted on in Adoption

Wheaton family law attorney adoption

Open adoption allows a child’s birth parents to have additional rights and future access to their child. However, they must form a solid relationship with the adoptive parents to utilize said rights. Whether you are looking to release yourself from the allocation of parental responsibilities, or gain them through adoption, be sure to consult with a knowledgeable adoption attorney.

Open Adoption Overview

An open adoption is a form of adoption that allows the birth parents to have some sort of relationship or contact with their child even after he or she has been adopted. After the adoption process is complete, however, the adoptive parents assume the same legal rights and responsibilities that the birth parents once had. 

Terminating the Allocation of Parental Responsibilities

According to the law, when the child’s birth parents put their child up for adoption, they agree to terminate their allocation of parental responsibilities. Until the adoption is finalized, the birth parents are able to utilize their legal rights. Afterward, those legal rights no longer apply and are handed over to the child’s adoptive parents.  

Future Communication

Whether the child and/or the adoptive parents wish to keep in touch with the birth parents is up to their discretion. Generally, if the child is not yet old enough to understand the adoption concept, the adoptive parents will wait until the child is mature enough to do so. However, if the child is already old enough at the point of the adoption, the decision may be left up to him or her. If the child is willing to communicate with his or her birth parents, a visitation schedule may be created. It is important to note that a short or long-term visitation schedule must be agreed upon by all three parties.

Cutting Off All Contact

In the event that the child’s birth parents have had a negative effect on the child, the adoptive parents may choose to cut off all contact. Within this situation, there is little the birth parents can do. In most cases, it is in the best interest of the child if the biological parents inflicted physical or psychological harm to their son or daughter. 

Contact a Kane County Family Law Attorney

Do you wish for a home filled with love and laughter that a child can provide? If you are considering adopting a child, contact a qualified and compassionate Winfield adoption lawyer from The Law Office of Christina Martell. Chrissie will assist in all areas of the adoption process. To learn more, call our office today at 630-717-2772 to schedule a private appointment. Our consultations are $100; this fee will be applied to your account upon hiring an attorney from our firm.

 

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2098&ChapterID=59

https://www.childwelfare.gov/pubPDFs/openadoption.pdf

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