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Your Legal Rights

Mother's Legal Rights

It is important to know your legal rights when considering an adoption plan for your child. When working with a child welfare agency such as St. Mary's Services, you can be assured that all adoptions are handled ethically and legally, with state regulations and child welfare guidelines adhered to for the protection of all parties.

Illinois law requires a mother to wait at least 72 hours after the baby's birth to sign Final Surrenders. Because a Final Surrender is a legal document and is irrevocable, a birth mother has the right to sign surrenders only when she is comfortable with her decision and with full understanding. A birth mother may sign a Final Surrender, without parental consent, regardless of her age. St. Mary's professional counselors inform you of your legal rights throughout the counseling process, giving you the opportunity to make informed decisions that are best for you and your child.

Father's Legal Rights

Under Illinois law, fathers have the same parental rights to the child as the mother. However, fathers have the choice to sign a legal document surrendering his parental rights prior to the baby's birth or he can wait the 72 hours following the baby's birth.

There are two types of fathers under Illinois law:

1. A legal father is a man to whom you are married or who has been determined by a court of law to be the father of the child. In either case, he must sign a document surrendering his legal parental rights.
2. A putative father is the man you name as the father of your baby, to whom you are not married. The putative father can be involved in making an adoption plan and would sign a surrender of his parental rights.

If the father is unknown or cannot be located, his rights to the child can be terminated by the court. In order for an adoption to be legally valid and sound, the father's rights must be terminated.

Birth Parents' Rights and Responsibilities in Illinois