Feigenholtz clarifies Illinois law around adult adoption

State Senator Sara Feigenholtz led a measure, signed into law Friday, to clarify the current law regarding adoptions of adults over the age of 18.

“This measure lifts up families and reflects the diverse needs of the adoption community,” said Feigenholtz (D-Chicago). “Adult adoption is an important way for adopting parents to ensure a trusted individual is able to make important health decisions for them, be eligible to receive inheritance and reflect the true makeup of their family.”

The number of adult adoptions has increased over the last 10 years. People go through this process for many different reasons, including for personal, legal and financial benefits for both the adopted parent(s) and the adoptee. For instance, an adult may wish to be adopted so they can make medical decisions for their adopting parent if their parent is unable to do so.

Feigenholtz’s law adds new language to the Adoption Act to clarify that a biological parent’s parental rights and responsibilities are terminated after the adoption of their adult child, unless the biological parent is also a petitioner in the adoption. Like many other states, notice to the biological parent is not required under the new law. The only parties needing consent for an adult adoption are the adoptee and the adopting parent(s).

House Bill 5224 goes into effect Jan. 1.