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


Asked on 10/20/10, 5:00 am

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.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is currently licensed to practice law actively only in the State of Illinois, inactively in Florida. Responses are based solely on Illinois law unless stated otherwise.

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Answered on 10/25/10, 7:15 am


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