Right to counsel

Key_development Question_mark

Legislation, Termination of Parental Rights (Private) - Children

Except in standby adoptions and re-adoptions, the Illinois Adoption Act requires that


some licensed attorney other than the State’s attorney acting in his or her official capacity as guardian ad litem to represent a child sought to be adopted. Such guardian ad litem shall have power to consent to the adoption of the child, if such consent is required. In the case of a related adoption where the child sought to be adopted is not a youth in care, the court shall have the discretion to waive the appointment of a guardian ad litem.


750 Ill. Comp. Stat. Ann. 50/13(B)(a).  The same right to an attorney ad litem is provided in 750 Ill. Comp. Stat. Ann. 50/13(D)(a) for children in standby adoption cases.

Appointment of Counsel: categorical Qualified: yes