Legal Question in Family Law in Illinois
My sister passed away in 1991 and my niece was adopted by her dads new wife. They changed her name and put the new wife as her birth mother on the birth certificate. My niece was abused by this women and had much suffering. My niece would like to get her birth name back and also her birth mom on her birth certificate. What would it take to do this? Thanks, Melissa
1 Answer from Attorneys
Once she's 16 she can apply for emancipation, but that means not only can she change her name but she's on her own. Depending on the abuse, she can call the Illinois DCFS abuse hotline or show up at a DCFS field office for advice, counseling or otherwise, as long as she's under 18. If abuse is shown, DCFS can order removal and you could offer to be her guardian like a foster parent but you might have to become licensed. Also, you may be able to file a suit on her behalf as her "next friend" for damages for the behavior. Contact a family law or adoption attorney for more details.
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