Can I Still Adopt if a Birth Parent Won't Give Permission?

 Posted on September 18, 2026 in Family Law

In many states, including Illinois, the permission of both parents is required for someone to adopt their child. Sometimes, one or both parents are unwilling to give this permission. In some other cases, birth parents can't be contacted to find out if they are willing to allow their child to be adopted.

Fortunately, this doesn't necessarily signal the end of your adoption case. With enough evidence, courts can find that a parent's consent is not required, allowing an adoption to proceed even if they do not agree. There are also legal steps that can be taken when a parent cannot be found.

A DeKalb, IL adoption attorney can help you understand what your options are in your 2026 adoption case if the birth parent won't agree to adoption.

Can an Illinois Court Approve an Adoption Without a Parent's Consent?

Courts may approve an adoption in spite of a parent's wishes. This usually happens if the court finds that the nonconsenting parent is legally "unfit" (750 ILCS 50/8). Proving unfitness requires "clear and convincing evidence." Without evidence, the court will not approve an adoption that a parent doesn't agree to.

The person seeking the adoption has to file a petition saying that consent isn't needed because that parent is unfit. A judge then reviews the evidence at a hearing before deciding.

What Makes a Parent "Unfit" Under Illinois Law?

Illinois law lists specific grounds for a court to use when deciding whether a parent is unfit. Some of the most common include:

• Abandoning the child
• Failing to maintain a reasonable degree of interest, concern, or responsibility for the child's welfare
• Failing to make reasonable efforts to fix conditions that led to a child's removal from the home
• Repeated or extreme cruelty toward the child
• A pattern of drug or alcohol dependency that interferes with the ability to parent

Some grounds for unfitness involve behavior that happens over time, while others can involve a single serious act. The court may also appoint a guardian ad litem to look into the child's situation and report back on what outcome seems to be in the child's best interests.

Does the Nonconsenting Parent Get a Say in an Illinois Adoption Case?

A parent whose parental rights would be affected by adoption generally has to be notified of the case so they have a chance to respond. They can contest claims of unfitness, present their own evidence, and ask for a hearing. Because of this, a contested adoption often takes longer than an uncontested one.

If the court doesn't find the parent unfit, the adoption typically can't move forward without that parent's consent. In these cases, it may be possible to work with the birth parent toward a voluntary agreement. Some parents refuse adoption out of fear for their child's well-being or that they'll never see their child again. Addressing these fears may help them feel comfortable giving their permission.

What if a Birth Parent's Location Is Unknown During an Illinois Adoption?

Sometimes a birth parent can't be contacted or found at all, even after serious efforts to locate them. If searches through public databases, last-known addresses, or other methods of finding the parent fail, the court will permit something called service by publication. This involves publishing notice of the case in something like a newspaper rather than serving the parent directly. If the parent does not respond after proper notice within the given time limit, the adoption can proceed without them. The judge still has to decide whether the adoption meets Illinois law.

For a court to enter a default judgment allowing the adoption to proceed, it must be satisfied that a real effort was made to find them.

Call a DuPage County, IL Adoption Attorney Today

Adopting a child when a birth parent objects can turn into a drawn-out legal process, especially if that parent decides to contest the case. Understanding what the court expects and what documentation you'll need can help you avoid further delays in your case.

Our DeKalb, IL family law lawyers work with families through every stage of contested and uncontested adoptions. We can help you gather the right documentation and represent you at hearings if the other parent challenges the case.

Call SpyratosDavis LLC at 630-810-8881 to talk about your adoption case today.