Second-Parent Adoption 101: Can the Court Find Me to Be an Unfit Parent?

In a second-parent adoption, the goal is to establish your parental rights as the legal parent of the child. A second-parent adoption creates an equal parenting relationship where one parent has already established legal parental rights, often by birth, but the second parent has not. They are a tool commonly used by LGBTQ+ parents and stepparents to solidify their families’ legal relationship. Part of the traditional adoption process is for the court to determine whether the new parent or parents are fit to take in the child. It begs the question that many of our second-parent adoption clients bring to us: Can the court find me to be an unfit parent?

What is an Unfit Parent?

For traditional adoptions, where parents are adopting an unrelated child, the Illinois Adoption Act requires that the court appoint a child welfare agency or Guardian ad Litem to investigate the facts put forth in the potential parents’ petition for adoption; the character, reputation, health and general standing in the community of the potential parents; the religious faith of the potential parents and of the child; and whether the potential parents are proper persons to fit adopt the child.

A court can declare a person unfit for any of the following reasons:

• Abandonment of the Child
• Failure to maintain a reasonable degree of interest, concern, or responsibility as to the child’s welfare.
• Desertion of the child
• Neglect
• Cruelty
• Abuse
• Criminal depravity
• Habitual drunkenness

The court’s main responsibility in an adoption case is to ensure the safety of the child. It is clear why a court will deny a potential parent the privilege of adopting a child if they exhibit any of the characteristics above.

Do Second-Parent Adoptions Go Through the Fitness Investigation Process?

One way second-parent adoptions differ from traditional adoptions is that these cases are considered “related adoptions.” Related adoption occurs when the child is related to the potential parent by blood, marriage, or civil union. So, if the second parent is married to or in a civil union with the child’s birth parent, the adoption is a related adoption. The great news for those parents is that the Illinois Adoption Act does not require an investigative process to determine the fitness of the second parent. Though in certain scenarios the court can order an investigation if the second parent shows any of the unfitness characteristics above or reports an extensive criminal history, no investigation occurs in the majority of cases.

What does the Second-Parent Adoption Process Look Like?

Without the need for a parental fitness investigation, the second-parent adoption process is fairly streamlined. The first step is to obtain the necessary supporting documents, including:

• The parent’s IDs.
• Parent’s marriage or civil union license
• The child’s birth certificate
• Documentation of waived parental rights from the other genetic parent

Other documents might be necessary depending on your family’s unique situation. Our experienced adoption attorneys will evaluate your family’s circumstances and tell you which documents the Court will request from you. Once documents have been collected, your attorney will draft your petition for adoption and file the necessary documents with the court. Typically, a second-parent adoption can be finalized at the first court appearance without the need for additional court dates or attorney’s fees.

An Experienced Adoption Attorney at O. Long Law, LLC Can Help

When you are trying to secure your family’s legal status, it is important to have an attorney you can trust. The experienced, compassionate family lawyers at O. Long Law, LLC, help clients through the toughest family issues every day, and we would be happy to assist you in solidifying your family’s rights. Give us a call today to schedule a consultation.