Legal Question in Family Law in Illinois

My wife's ex gave up all parental rights to their child when they got divorced. When we married, I adopted the child legally. Now, 25 years later the ex husband has a 16 year old daughter that contacted my adopted daughter claiming to be her half sister. Is this legally correct? Does the ex have any legal right to my adopted daughter?


Asked on 11/28/11, 9:18 am

2 Answers from Attorneys

Jonathan Shimberg Shimberg and Crohn, P.C.

Even though he gave up his parental rights (which I find very difficult to believe in a divorce, those rights were terminated in the adoption. However they are still half sisters. That gives her no rights, other than a sibling desire to meet, The ex has no rights, assuming that the adoption was proper.

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Answered on 11/28/11, 10:35 am
Sue Roberts-Kurpis, Esq. Law Office of Sue Roberts-Kurpis

Your adopted daughter is now an adult regardless of the status of bio-Dad's parental rights. The adoption terminated any residual rights which he may have had after the divorce assuming, of course, that the adoption was proper. Even if it wasn't, he's not attempting to exercise any parental rights over an adult child, his daughter is simply trying to locate a biologically related sibling. I don't believe, based on adoption laws, that the two girls are legally "half-sisters" but they are biologically. Unless the 16 year old is making financial or other demands, you should leave it up to your daughter as to whether or not the girls meet. Your daughter may also want to meet her bio-Dad which is something you cannot stop given her age. I think you have to back out and let the two girls firgure it out for themselves.

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Answered on 11/28/11, 12:07 pm


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