A parent who wants his current spouse to adopt his child, must ask the biological mother of the child to terminate her parental rights voluntarily. This is an irrevocable act, according to the Illinois Adoption Act if done of the mothers own free will. While many websites and other providers supply the form needed for a fee, CFS 403 is available from the state of Illinois free.
Visit the State of Illinois website. (See Resources.)
Click your mouse on "Forms" under the Quick Links section.
Click on "Children & Family Services Forms."
Click on "CFS 403 Final and Irrevocable Consent to Adoption by a Specified Person or Persons" to open a PDF of the form to voluntarily terminate parental rights and give them to a specific person such as your current spouse.
Return to the Department of Children & Family Services form page and click on CFS 403-A "Final and Irrevocable Consent to Adoption by a Specified Person or Persons Checklist of Understanding" to open an additional form that your spouse must sign to terminate his rights.
For the court to accept the voluntary termination of parental rights, typically your current spouse must be willing to adopt your child. A judge may not sever the parental bond if there is not someone willing to become the child's parent, according to Illinois Legal Aid.
Parents terminating parental rights to an adoption agency — these voluntary terminations typically involve newborns — should download CFS 435 "Final and Irrevocable Surrender to an Agency for Purposes of Adoption of a Born Child."
Parents typically cannot voluntarily give up their parental rights without a valid reason that benefits the child.