ILCS » Chapter 750 · Act 50
Illinois Compiled Statutes

750 ILCS 50/2 (2026)

Who may adopt a child

✓ current as of May 2026
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(750 ILCS 50/2) (from Ch. 40, par. 1502)
    Sec. 2. Who may adopt a child.
    A. Any of the following persons, who is under no legal disability (except the minority specified in sub-paragraph (b)) and who has resided in the State of Illinois continuously for a period of at least 6 months immediately preceding the commencement of an adoption proceeding, or any member of the armed forces of the United States who has been domiciled in the State of Illinois for 90 days, may institute such proceeding:
        (a) A reputable person of legal age and of either
    
sex, provided that if such person is married or in a civil union and has not been living separate and apart from his or her spouse or civil union partner for 12 months or longer, his or her spouse or civil union partner shall be a party to the adoption proceeding, including a spouse or civil union partner desiring to adopt a child of the other spouse or civil union partner, in all of which cases the adoption shall be by both spouses or civil union partners jointly;
        (b) A minor, by leave of court upon good cause shown;
        (c) Notwithstanding sub-paragraph (a) of this
    
subsection, a spouse or civil union partner is not required to join in a petition for adoption for the adoption of an adult if a petitioner is a former stepparent of that adult, or to re-adopt a child after an intercountry adoption if the spouse or civil union partner did not previously adopt the child as set forth in subsections (c) and (e) of Section 4.1 of this Act. For purposes of this Section, "former stepparent" means a person who was married to, or in a civil union with, the legal parent of the adult seeking to be adopted, and the marriage or civil union has ended.
    B. The residence requirement specified in paragraph A of this Section shall not apply to:
        (a) an adoption of a related child;
        (a-1) an adoption of a child previously adopted in a
    
foreign country by the petitioner;
        (b) an adoption of a child placed by an
    
Illinois-licensed child welfare agency performing adoption services;
        (c) an adoption of an adult by a former stepparent; or
        (d) an adoption of a child born in this State who has
    
resided continuously in this State since birth, or a child who has continuously resided in this State for at least 6 months immediately preceding the commencement of the adoption proceeding, if:
            (1) an Illinois-licensed child welfare agency
        
performing adoption services has acknowledged a consent or surrender of one or both of the biological or legal parents of the child under this Act and the Child Care Act of 1969; or
            (2) an authorized person under Section 10 has
        
acknowledged a consent of one or both of the biological or legal parents of the child and an Illinois-licensed child welfare agency performing adoption services has counseled the biological or legal parent or parents of the child as to the birth parent rights and responsibilities under the Child Care Act of 1969 and the rules adopted thereunder.
    C. A person may commence an adoption proceeding for a youth in care only if the youth in care is placed with the petitioning person or persons by the Department of Children and Family Services at the time the petition is filed, and the Department has provided its consent to the adoption or has otherwise approved the adoption.
    Nothing in this subsection precludes any rights under Section 15.1 of this Act. The Department shall adopt rules or procedures or both as to what constitutes its approval of the adoption under this subsection.
    D. Nothing in this Section overrides the requirements contained in Public Act 94-586.
(Source: P.A. 104-348, eff. 1-1-26; 104-417, eff. 8-15-25.)

    
Notes of Decisions
Cited in 19 cases (1 in the last 5 years), 1995–2024 · leading case: Illinois Dep't of Healthcare & Fam. Servs. v. Warner, 882 N.E.2d 557 (Ill. 2008).
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Illinois Dep't of Healthcare & Fam. Servs. v. Warner, 882 N.E.2d 557 (Ill. 2008). · cites it 4× “750 ILCS 50/2 (West 2004). When section 17 is read in conjunction with section 2, it is clear that the state cannot seek the adoption of a child.”
Blumenthal v. Brewer, 2016 IL 118781 (Ill. 2016). · cites it 2× “11, 2009) (codified at 750 ILCS 50/2 (West 2010)). In 2011, the legislature enacted the Illinois Religious Freedom and Civil Union Act, gave legal status to civil unions, and made such status available to both opposite-sex and same-sex couples.”
Blumenthal v. Brewer, 2016 IL 118781 (Ill. 2017). · cites it 2× “11, 2009) (codified at 750 ILCS 50/2 (West 2010)). In 2011, the legislature enacted the Illinois Religious Freedom and Civil Union Act, gave legal status to civil unions, and made such status available to both opposite-sex and same-sex couples.”
Adoption of K.L.P. v. R.P., 763 N.E.2d 741 (Ill. 2002). · cites it 2× “See 750 ILCS 50/1(F)(b) (West 1994) (among persons “available for adoption” are children “to whose adoption no consent is required pursuant to Section 8 of [the Adoption] Act” (referring to 750 ILCS 50/8, which notes that consents or surrenders are not required of parents found…”
In re K.M., 653 N.E.2d 888 (Ill. App. Ct. 1995). “” (750 ILCS 50/2(A)(a) (West 1994).) All references to "his or her spouse,” "a husband or wife,” or "both spouses” occur after the phrase "provided that if such person is married,” which clearly indicates that they refer only to a person who is married.”
In re Adoption of K.B.D., 2012 IL App (1st) 121558 (Ill. App. Ct. 2012). “]” 750 ILCS 50/2(A)(a) (West 2008). The Act additionally defines a “related child” as “a child subject to adoption where either or both of the adopting parents stands in any of the following relationships to the child by blood or marriage: parent, grand-parent, brother, sister,…”
In Re Adoption of D., 739 N.E.2d 109 (Ill. App. Ct. 2000). “750 ILCS 50/2 (West 1998). Verification and the signatures of both husband and wife on the petition are the easiest ways to meet this requirement.”
Petition of KM, 653 N.E.2d 888 (Ill. App. Ct. 1995). “" (750 ILCS 50/2(A) (West 1994).) All references to "his or her spouse," "a husband or wife," or "both spouses" occur after the phrase "provided that if such person is married," which clearly indicates that they refer only to a person who is married.”
Blumenthal v. Brewer, 2014 IL App (1st) 132250 (Ill. App. Ct. 2014). “750 ILCS 50/2 ( West 2010 ). And, many of Illinois' public and private employers are treating cohabitating domestic partners as family members and extend insurance benefits to both partners.”
Blumenthal v. Brewer, 2014 IL App (1st) 132250 (Ill. App. Ct. 2015). “750 ILCS 50/2 ( West 2010 ). And, many of Illinois’s public and private employers are treating cohabitating domestic partners as family members and extend insurance benefits to both partners.”
Crouch v. Smick, 2016 IL App (5th) 150222 (Ill. App. Ct. 2016). “Gabriel limits his arguments to the situation in which there is a related child adoption as defined in section 1(B) of the Adoption Act (750 ILCS 50/1(B) (West 2012)) where a stepparent is petitioning for adoption by virtue of being married to one natural parent, who is required…”
Blumenthal v. Brewer, 2016 IL 118781 (Ill. 2016). · cites it 2× “11, 2009) (codified at 750 ILCS 50/2 (West 2010)). In 2011, the legislature enacted the Illinois Religious Freedom and Civil Union Act, gave legal status to civil unions, and made such status available to both opposite-sex and same-sex couples.”
Show all 19 citing cases →
— 750 ILCS 50/2(A) — 1 case
Petition of KM, 653 N.E.2d 888 (Ill. App. Ct. 1995). “" (750 ILCS 50/2(A) (West 1994).) All references to "his or her spouse," "a husband or wife," or "both spouses" occur after the phrase "provided that if such person is married," which clearly indicates that they refer only to a person who is married.”
— 750 ILCS 50/2(A)(a) — 2 cases
In re K.M., 653 N.E.2d 888 (Ill. App. Ct. 1995). “” (750 ILCS 50/2(A)(a) (West 1994).) All references to "his or her spouse,” "a husband or wife,” or "both spouses” occur after the phrase "provided that if such person is married,” which clearly indicates that they refer only to a person who is married.”
In re Adoption of K.B.D., 2012 IL App (1st) 121558 (Ill. App. Ct. 2012). “]” 750 ILCS 50/2(A)(a) (West 2008). The Act additionally defines a “related child” as “a child subject to adoption where either or both of the adopting parents stands in any of the following relationships to the child by blood or marriage: parent, grand-parent, brother, sister,…”
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