Can a Biological Parent Stop an Adoption in Illinois?

 Posted on March 23, 2026 in Adoption

If you’re adopting a child from their biological parent, it’s important to understand how much that parent’s wishes can impact the process. This could be to help your own anxieties about the adoption going smoothly. It can also help you know how to respond if the biological parent has a sudden change of heart with regard to you adopting their child. 

A Chicago family law attorney can help you with any questions about the adoption process you may have in 2026.

Does a Biological Parent Have to Consent to an Adoption in Illinois?

Under the Illinois Adoption Act (750 ILCS 50/8), consent or surrender is required from a biological parent before a child can be adopted unless the court finds that the parent is an "unfit person." There are a few other unusual circumstances where consent isn’t required, like the child’s "father" not being their biological father. In most cases, the parent's rights must either be voluntarily given up or involuntarily terminated by a court.

Can a Biological Parent Change Their Mind If They Already Signed Consent for Adoption?

Once a biological parent signs a consent to adoption in Illinois, taking it back becomes very difficult. By law, a consent signed at least 72 hours after the birth of a child is final and irrevocable, with very limited exceptions. The few situations where a signed consent can be challenged include:

• The consent was obtained through fraud or duress

• A specific consent was given to a named adoptive parent, and a court later finds that consent void

• The termination order is gotten rid of by the court 

Outside of these, a biological parent who has already signed consent is locked in. This is why it’s critical for parents giving up children to be certain of their choice and know what they’re signing.

Can a Biological Parent Fight an Adoption If They Never Consented?

If a biological parent has not consented to the adoption, the court cannot finalize the adoption unless it first finds that the parent's consent is not required (either by being unfit or there being issues with paternity, as explained above). 

What Qualifies as "Unfit?"

Under 750 ILCS 50/1(D), grounds for unfitness include:

• Abandonment of the child

• Failure to maintain a reasonable degree of interest, concern, or responsibility for the child's welfare

• Substantial neglect of the child, if continuous or repeated

• Extreme or repeated cruelty to the child

• Failure to protect the child from conditions in the home that are harmful to the child

A finding of unfitness requires clear and convincing evidence. The biological parent has the right to appear in court, present their side, and contest the claim. If the court does not find unfitness, the adoption generally can’t proceed without the parent's consent.

Can a Father Who Was Never Married to the Mother Contest to Adoption?

Unmarried fathers have specific notice rights under Illinois law. A man who may be the biological father but was not married to the mother and has not established paternity in court is considered a "putative father." He must be given notice of the adoption proceedings.

However, whether his consent is actually required depends on whether he has taken steps to establish a legal relationship with the child, such as filing a paternity action or being listed on the birth certificate. A putative father who has not done so may have fewer rights than a legal parent in the adoption process.

Throughout every stage of the adoption process, Illinois courts are guided by the best interests of the child. Even if a biological parent contests an adoption, the court will weigh what outcome best serves the child's safety, stability, and well-being. 

Call a Skokie, IL Adoption Attorney Today

If you’re hoping to adopt, get supportive, competent legal help. At The Law Offices of Curtis Bennett Ross, L.L.C., you work directly with an attorney who brings over 40 years of legal experience to every case. Our Chicago family law lawyer has been serving clients since 1984 and offers free limited consultations. Call The Law Offices of Curtis Bennett Ross, L.L.C. at 312-984-1514 to schedule yours today.