Category Adoption

Rights of Birth Parents In Illinois Adoptions

AdoptionIllinois has enacted progressive adoption laws that protect the rights of birth parents (as well as adoptive parents) throughout the adoption process.

The document Birth Parents’ Rights and Responsibilities in Illinois defines the specific entitlements of birth parents and what they can expect in adoption proceedings. Some key points are highlighted here, but it’s important to read the actual document for a full understanding of your rights.


Birth parents in Illinois have a number of basic rights. These include confidentiality, being treated with respect, not being pressured into decisions and the ability to work with a social service agency if needed during the adoption process.

Be aware that that your “non-identifying social, medical and mental health information” is always shared for an agency-assisted adoption and “may be shared with adopting parents in private adoptions.”


When working with an Illinois adoption agency, birth parents have the right to request “after-placement communication” with the child’s adoptive family. However, these agreements are not enforceable under current Illinois law.

You are also entitled to know everything about the agency you’re working with, including success rates and any complaints made against the agency.

Finally, you can ask to work with an attorney at no cost to you or you can retain one at your own expense. This is not a requirement for agency adoptions, but it can be helpful and prevent time-consuming errors.


Probably the most important privilege in this situation is the option to choose an attorney to assist you during the process. When choosing your own adoption attorney, you have a right to:

  • Verify the attorney’s law license is active.

  • Ensure the attorney is not representing both you and the adoptive parents simultaneously.

  • Give or withhold permission to share your private information.

  • Consult with more than one lawyer before making a decision and be charged reasonable legal fees for services related to the adoption. As stated in the Rights and Responsibilities document, “Illinois laws do not permit an attorney to be paid to provide adoption services.”

As an experienced Illinois adoption lawyer, I successfully guide clients through the legal requirements to complete the adoption in a time efficient manner and help them navigate the emotional issues involved.

Contact me to learn more about the Illinois adoption law services I offer.


Erin_Birt_37034Erin Birt is an experienced Illinois adoption attorney serving clients in many DuPage County cities including Wheaton, Glen Ellyn, Naperville, Warrenville and Winfield.

She opened the Law Firm of Erin Birt, P.C. in 2010 to offer her clients a variety of services including adoption assistance, alternative divorce resolution, specialized collaborative divorce options and family law solutions. She and her expert team continually develop creative outcomes such as divorce mediation and family law mediation that work for all parties involved, particularly children.

Ms. Birt holds a J.D. from DePaul College of Law and is a member of the Collaborative Practice Professionals of Illinois, the Collaborative Law Institute of Illinois, the International Academy of Collaborative Professionals and the DuPage County Bar Association.

DuPage County Adoption Attorney: 2012 GAL Training

DuPage County Adoption Attorney, Erin Birt, attended the 2012 Adoption GAL Training through the DuPage County Bar Association on April 27, 2012.  Approximately 20 attorneys attended this informative program.  Ms. Birt qualifies as an approved GAL for adoption cases in the Chancery Division of the 18th Judicial Circuit Court.

In DuPage County, all adoption cases, except adult adoption cases, will be appointed a Guardian ad litem (GAL) to assist in the determination of the best interests of the adopted child.   The GAL will file an appearance on behalf of the adoptee and has the ability to file responses and motions in court as needed.  The DuPage County Adoption GAL role and duties are explained in the DuPage County Local Court Rule Article 21: Adoptions.

DuPage County Adoption GAL’s are an additional cost that adoptive parents should be informed of at the beginning of the DuPage County Adoption process.  DuPage County Adoption GAL fees are typically in addition to an adoption attorney’s fees.  A DuPage County Adoption GAL’s hourly fee, on average, is $250.00 per hour and on average the DuPage County Adoption total fees are $1,000.00, however fees and total costs depend on the issues presented in the case.  If the matter is contested, the total fees will vary and may increase based on the complexity of the issues.  DuPage County Adoption GAL’s will provide the parties and the Court with a detailed invoice of their services.

Contact DuPage County Adoption Attorney, Erin Birt, to navigate through the DuPage County Adoption process.  The Law Firm of Erin N. Birt, P.C. provides various DuPage County Adoption Services and Ms. Birt qualifies as a DuPage County Adoption GAL.