Adoption & SIJS FAQ
Adoption & SIJS Commonly Asked Questions
Experiencing family law matters can be highly emotional and likely raises many questions. Below are common concerns families and individuals face when they seek our assistance.
For additional questions or assistance, contact the experienced attorneys at Kogut & Wilson.
Adoption
- What is adoption?
Adoption is the process of becoming the permanent and legal parent of a child. An adoptive parent assumes full responsibility of the child and remains the legal parent for the remainder of the child’s life, including after emancipation.
- What is the difference between adoption and guardianship?
In a Guardianship, the proposed Guardian assumes responsibility for the child until their emancipation. Unlike adoption, in guardianship the parental rights of the biological parents do not need to be relinquished for a guardian to be appointed.
- What is a private adoption?
Private adoption is when adoptive parents and the child are matched without the assistance of a child welfare agency. There are two types of private adoptions: related adoptions and unrelated adoptions.
- What is a related adoption?
A related adoption is where at least one of the adopting parents is related to the person they wish to adopt. An example of this type of adoption would be a step-parent wishing to adopt their spouse’s biological child.
- What is an unrelated adoption?
An unrelated adoptions is where the adopting parents are not legally related to the minor child. An example of this type of adoption would be friends of a biological parent seeking to adopt, or a distant blood relation that is not deemed “related” per the statute.
- What is an agency adoption?
Agency adoption involves a licensed child welfare agency that places a child with adopting parents either at the biological parents’ request or a court termination of the biological parents’ parental rights.
- What is an international adoption?
International adoption is the adoption of a child born in another country.
- What is adult adoption?
Adult adoption occurs when a person aged 18 years or older is adopted. The state of Illinois allows adult adoption for a variety of reasons, including extra care provisions, the formal establishment of existing relationships and more.
- What is a standby adoption?
Standby adoption involves the specification of an adoption to occur based on a future event, such as death or request of a biological parent.
- What are the requirements to be able to adopt a child in Illinois?
According to the Illinois Adoption Act, Individuals looking to adopt must be:
1.) 18 years or older without a legal disability (or a minor by leave of court for good cause shown)
2.) A resident of Illinois for a minimum of six months, or 90 days if they are a member of the armed forces
3.) Able to submit and pass a background check.
- Can same-sex couples adopt a child in Illinois?
Yes, same-sex couples can petition for adoption.
- How long does the adoption process last?
Petitioning for an adoption can be a lengthy process, ranging from a few months to more than a year, depending on the circumstances.
- How do you start the process of adoption?
Due to the many legal requirements and policies, the adoption process varies depending on the individual case. Those looking to adopt should speak with a professional throughout the entirety of the process.
- What are the costs involved in adoption?
The costs of adoption vary based on the type of adoption, which agency is chosen and the individual’s personal situation. In private adoptions, no agency fees are involved. To fully understand the costs associated with adoption, families should research the options.
Guardianship
- What are the differences between adoption and guardianship?
In an adoption, the child’s biological parents’ parental rights are terminated permanently. In guardianship, the biological parents’ parental rights are kept intact but the guardian is granted legal responsibility for the care and safety of the child until the child’s emancipation.
- What is short-term guardianship?
Short-term guardianship is intended for limited time care of one year or less, but can be extended each year. It does not involve court filings or orders. Instead, the biological parent chooses the guardian and there is a written agreement that can be revoked at any time, without court intervention.
- What is standby guardianship?
Standby guardianship is intended to be back-up care in case of the incapacitation or death of the biological parent(s) or current guardian. This guardian is designated in writing through a Designation of Standby Guardian form or other estate planning documentation such as a will. To instill this level of guardianship, a petition and order need to be filed and entered and the guardianship does not become effective until the incapacitation, death or request of the biological parent(s) or current guardian.
- What is plenary guardianship?
Plenary guardianship is intended for long-term, permanent care of a child in which the guardian will remain in place until the child’s emancipation. To instill this level of guardianship, a petition and order need to be filed and entered, and the guardian’s rights can only be terminated or revoked by judicial determination.
- What is the process to become a guardian?
To become a guardian of a child in Illinois, an individual does not have to be related to the child, but must be at least 18 years old, of sound mind and residing within the United States.
They must also submit to background checks, which differ by county but generally include fingerprinting and review of the Child Abuse and Neglect Tracking System. A guardian cannot be legally disabled or have been adjudicated disabled as defined by the Probate Act.
SIJS
- What is special immigrant juvenile status (SIJS)?
SIJS is a special immigration classification designed to protect children from familial harm and provide safety in the form of United States residency. Granted to those under 21 years of age, this classification offers legal status to applicants who have been abused, abandoned or neglected by one or both legal parents and cannot return to their home country.
- Does SIJS grant citizenship?
Being approved for special immigrant juvenile status confers lawful permanent residency, not citizenship, upon the applicant. An applicant must first obtain the necessary SIJS findings in a state court order, however, the state court does not grant SIJS. Instead, the applicant must then submit the state court order, along with other documentation, to USCIS for adjudication and approval.
- How does a child obtain SIJS classification?
There are two steps for a child to obtain SIJS in the United States which include:
1.) Attaining a predicate order establishing harm to the child and;
2.) Petitioning for SIJS with the United States Citizenship and Immigration Services (USCIS).
USCIS, the federal agency responsible for determining immigration eligibility, will not consider a child’s SIJS application until first obtaining a predicate order.
- Who qualifies for SIJS?
Most notably, the Department of Homeland Security requires that reunification with the biological parents or prior adopting parents must not be viable due to harm for applicants of SIJS.
Additionally, individuals must be under 21 years of age and either in the custody of the Department of Children and Family Services or residing in the United States with one biological parent or with another third-party caregiver willing to pursue custody, guardianship or adoption of the child or young person.
- How can someone start the SIJS process?
Individuals looking to start the SIJS process should work with an experienced attorney capable of navigating the complex family law and immigration regulations and assisting qualified individuals in attaining a predicate order.
The predicate order must involve specific findings that establish the child’s vulnerability and inability to return to their country of origin. If a state court judge grants the predicate order, individuals will then work with an immigration attorney to submit the order to USCIS with their application.