One of the most joyful tasks we get to perform as family law attorneys is to represent families as they grow through adoption. With experience in assisting families in domestic adoptions, international adoptions, stepparent adoptions and grandparent adoptions, the attorneys of Kenny, Kain & Jablonsky, LLC have the knowledge and dedication to ensure that your adoption proceeds smoothly.
In the matter of domestic, unrelated adoption, but birth parents must execute written consents to be deemed unfit by the court before proceeding. It is important that prospective adoptive parents contact counsel before the consents are executed, to ensure that the consents comply with Illinois Law.
International adoptions must comply with the requirements of the United States Citizenship and Immigration Services (USCIS). If both parents are US citizens and both traveled to the child’s birth country to complete the adoption, then the adoption will be considered final and the child’s US citizenship will be granted automatically when he or she enters the United States with an IR-3 visa. In that instance, the adoption is deemed final, in accordance with Illinois law. If only one parent traveled to adopt, or the child entered the United States with an IR-4 visa, United States citizenship is not automatic. In that instance, the parents must “re-adopt” the child in the Illinois Court to finalize the adoption according to the regulations of the USCIS and to secure the child’s United States citizenship.
In either instance, whether your international adoption is deemed final or not, it is recommended that you “re-adopt” your child in the Illinois Court. If your child’s birth or adoption records are lost, stolen or destroyed, it may be impossible to obtain duplicates from his or her birth country. An Illinois re-adoption will result in an Illinois final adoption decree and a Certificate of Foreign Birth. This certificate will serve as the child’s birth certificate throughout his or her life. Secondly, final adoption decree will be entitle to full faith and credit, meaning that it will be recognized as a final adoption in every US state.