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Public Act 093-0732
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| HB6564 Enrolled |
LRB093 17938 LCB 43621 b |
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AN ACT concerning adoption.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Adoption Act is amended by changing Sections |
1, 9, 10, 13.1, and 14 as follows:
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(750 ILCS 50/1) (from Ch. 40, par. 1501)
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Sec. 1. Definitions. When used in this Act, unless the |
context
otherwise requires:
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A. "Child" means a person under legal age subject to |
adoption under
this Act.
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B. "Related child" means a child subject to adoption where |
either or both of
the adopting parents stands in any of the |
following relationships to the child
by blood or marriage: |
parent, grand-parent, brother, sister, step-parent,
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step-grandparent, step-brother, step-sister, uncle, aunt, |
great-uncle,
great-aunt, or cousin of first degree. A child |
whose parent has executed
a final irrevocable consent to |
adoption or a final irrevocable surrender
for purposes of |
adoption, or whose parent has had his or her parental rights
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terminated, is not a related child to that person, unless the |
consent is
determined to be void or is void pursuant to |
subsection O of Section 10.
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C. "Agency" for the purpose of this Act means a public |
child welfare agency
or a licensed child welfare agency.
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D. "Unfit person" means any person whom the court shall |
find to be unfit
to have a child, without regard to the |
likelihood that the child will be
placed for adoption. The |
grounds of unfitness are any one or more
of the following, |
except that a person shall not be considered an unfit
person |
for the sole reason that the person has relinquished a child in
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accordance with the Abandoned Newborn Infant Protection Act:
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(a) Abandonment of the child.
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(a-1) Abandonment of a newborn infant in a hospital.
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(a-2) Abandonment of a newborn infant in any setting |
where the evidence
suggests that the parent intended to |
relinquish his or her parental rights.
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(b) Failure to maintain a reasonable degree of |
interest, concern or
responsibility as to the child's |
welfare.
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(c) Desertion of the child for more than 3 months next |
preceding the
commencement of the Adoption proceeding.
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(d) Substantial neglect
of the
child if continuous or |
repeated.
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(d-1) Substantial neglect, if continuous or repeated, |
of any child
residing in the household which resulted in |
the death of that child.
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(e) Extreme or repeated cruelty to the child.
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(f) Two or more findings of physical abuse to any |
children under Section
4-8 of the Juvenile Court Act or |
Section 2-21 of the Juvenile Court Act
of 1987, the most |
recent of which was determined by the juvenile court
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hearing the matter to be supported by clear and convincing |
evidence; a
criminal conviction or a finding of not guilty |
by reason of insanity
resulting from the death of any child |
by physical child
abuse; or a finding of physical child |
abuse resulting from the death of any
child under Section |
4-8 of the Juvenile Court Act or Section 2-21 of the
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Juvenile Court Act of 1987.
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(g) Failure to protect the child from conditions within |
his environment
injurious to the child's welfare.
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(h) Other neglect of, or misconduct toward the child; |
provided that in
making a finding of unfitness the court |
hearing the adoption proceeding
shall not be bound by any |
previous finding, order or judgment affecting
or |
determining the rights of the parents toward the child |
sought to be adopted
in any other proceeding except such |
proceedings terminating parental rights
as shall be had |
under either this Act, the Juvenile Court Act or
the |
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Juvenile Court Act of 1987.
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(i) Depravity. Conviction of any one of the following
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crimes shall create a presumption that a parent is depraved |
which can be
overcome only by clear and convincing |
evidence:
(1) first degree murder in violation of paragraph |
1 or
2 of subsection (a) of Section 9-1 of the Criminal |
Code of 1961 or conviction
of second degree murder in |
violation of subsection (a) of Section 9-2 of the
Criminal |
Code of 1961 of a parent of the child to be adopted; (2)
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first degree murder or second degree murder of any child in
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violation of the Criminal Code of 1961; (3)
attempt or |
conspiracy to commit first degree murder or second degree |
murder
of any child in violation of the Criminal Code of |
1961; (4)
solicitation to commit murder of any child, |
solicitation to
commit murder of any child for hire, or |
solicitation to commit second
degree murder of any child in |
violation of the Criminal Code of 1961; or (5)
aggravated |
criminal sexual assault in violation of
Section |
12-14(b)(1) of the Criminal Code of 1961.
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There is a rebuttable presumption that a parent is |
depraved if the parent
has been criminally convicted of at |
least 3 felonies under the laws of this
State or any other |
state, or under federal law, or the criminal laws of any
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United States territory; and at least one of these
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convictions took place within 5 years of the filing of the |
petition or motion
seeking termination of parental rights.
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There is a rebuttable presumption that a parent is |
depraved if that
parent
has
been criminally convicted of |
either first or second degree murder of any person
as |
defined in the Criminal Code of 1961 within 10 years of the |
filing date of
the petition or motion to terminate parental |
rights.
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(j) Open and notorious adultery or fornication.
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(j-1) (Blank).
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(k) Habitual drunkenness or addiction to drugs, other |
than those
prescribed by a physician, for at least one year |
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immediately
prior to the commencement of the unfitness |
proceeding.
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There is a rebuttable presumption that a parent is |
unfit under this
subsection
with respect to any child to |
which that parent gives birth where there is a
confirmed
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test result that at birth the child's blood, urine, or |
meconium contained any
amount of a controlled substance as |
defined in subsection (f) of Section 102 of
the Illinois |
Controlled Substances Act or metabolites of such |
substances, the
presence of which in the newborn infant was |
not the result of medical treatment
administered to the |
mother or the newborn infant; and the biological mother of
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this child is the biological mother of at least one other |
child who was
adjudicated a neglected minor under |
subsection (c) of Section 2-3 of the
Juvenile Court Act of |
1987.
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(l) Failure to demonstrate a reasonable degree of |
interest, concern or
responsibility as to the welfare of a |
new born child during the first 30
days after its birth.
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(m) Failure by a parent (i) to make reasonable efforts |
to correct the
conditions that were the basis for the |
removal of the child from the
parent, or (ii) to make |
reasonable progress toward the return of the child
to
the |
parent within 9 months after an adjudication of neglected |
or abused
minor under Section 2-3 of the Juvenile Court Act |
of 1987 or dependent
minor under Section 2-4 of that Act, |
or (iii) to make reasonable progress
toward the return of |
the
child to the parent during any 9-month period after the |
end of the initial
9-month period following the |
adjudication of
neglected or abused minor under Section 2-3 |
of the Juvenile Court
Act of 1987 or dependent minor under |
Section 2-4 of that Act.
If a service plan has been |
established as
required under
Section 8.2 of the Abused and |
Neglected Child Reporting Act to correct the
conditions |
that were the basis for the removal of the child from the |
parent
and if those services were available,
then, for |
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purposes of this Act, "failure to make reasonable progress |
toward the
return of the child to the parent" includes (I) |
the parent's failure to
substantially fulfill his or her |
obligations under the
service plan and correct the |
conditions that brought the child into care
within 9 months |
after the adjudication under Section 2-3 or 2-4
of the |
Juvenile Court Act of 1987
and (II) the parent's failure to |
substantially fulfill his or her obligations
under
the |
service plan and correct the conditions that brought the |
child into care
during any 9-month period after the end of |
the initial 9-month period
following the adjudication |
under Section 2-3 or 2-4 of the Juvenile Court
Act of 1987.
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(m-1) Pursuant to the Juvenile Court Act of 1987, a |
child
has been in foster care for 15 months out of any 22 |
month period which begins
on or after the effective date of |
this amendatory Act of 1998 unless the
child's parent can |
prove
by a preponderance of the evidence that it is more |
likely than not that it will
be in the best interests of |
the child to be returned to the parent within 6
months of |
the date on which a petition for termination of parental |
rights is
filed under the Juvenile Court Act of 1987. The |
15 month time limit is tolled
during
any period for which |
there is a court finding that the appointed custodian or
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guardian failed to make reasonable efforts to reunify the |
child with his or her
family, provided that (i) the finding |
of no reasonable efforts is made within
60 days of the |
period when reasonable efforts were not made or (ii) the |
parent
filed a motion requesting a finding of no reasonable |
efforts within 60 days of
the period when reasonable |
efforts were not made. For purposes of this
subdivision |
(m-1), the date of entering foster care is the earlier of: |
(i) the
date of
a judicial finding at an adjudicatory |
hearing that the child is an abused,
neglected, or |
dependent minor; or (ii) 60 days after the date on which |
the
child is removed from his or her parent, guardian, or |
legal custodian.
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(n) Evidence of intent to forgo his or her parental |
rights,
whether or
not the child is a ward of the court, |
(1) as manifested
by his or her failure for a period of 12 |
months: (i) to visit the child,
(ii) to communicate with |
the child or agency, although able to do so and
not |
prevented from doing so by an agency or by court order, or |
(iii) to
maintain contact with or plan for the future of |
the child, although physically
able to do so, or (2) as |
manifested by the father's failure, where he
and the mother |
of the child were unmarried to each other at the time of |
the
child's birth, (i) to commence legal proceedings to |
establish his paternity
under the Illinois Parentage Act of |
1984 or the law of the jurisdiction of
the child's birth |
within 30 days of being informed, pursuant to Section 12a
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of this Act, that he is the father or the likely father of |
the child or,
after being so informed where the child is |
not yet born, within 30 days of
the child's birth, or (ii) |
to make a good faith effort to pay a reasonable
amount of |
the expenses related to the birth of the child and to |
provide a
reasonable amount for the financial support of |
the child, the court to
consider in its determination all |
relevant circumstances, including the
financial condition |
of both parents; provided that the ground for
termination |
provided in this subparagraph (n)(2)(ii) shall only be
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available where the petition is brought by the mother or |
the husband of
the mother.
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Contact or communication by a parent with his or her |
child that does not
demonstrate affection and concern does |
not constitute reasonable contact
and planning under |
subdivision (n). In the absence of evidence to the
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contrary, the ability to visit, communicate, maintain |
contact, pay
expenses and plan for the future shall be |
presumed. The subjective intent
of the parent, whether |
expressed or otherwise, unsupported by evidence of
the |
foregoing parental acts manifesting that intent, shall not |
preclude a
determination that the parent has intended to |
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forgo his or her
parental
rights. In making this |
determination, the court may consider but shall not
require |
a showing of diligent efforts by an authorized agency to |
encourage
the parent to perform the acts specified in |
subdivision (n).
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It shall be an affirmative defense to any allegation |
under paragraph
(2) of this subsection that the father's |
failure was due to circumstances
beyond his control or to |
impediments created by the mother or any other
person |
having legal custody. Proof of that fact need only be by a
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preponderance of the evidence.
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(o) Repeated or continuous failure by the parents, |
although physically
and financially able, to provide the |
child with adequate food, clothing,
or shelter.
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(p) Inability to discharge parental responsibilities |
supported by
competent evidence from a psychiatrist, |
licensed clinical social
worker, or clinical psychologist |
of mental
impairment, mental illness or mental retardation |
as defined in Section
1-116 of the Mental Health and |
Developmental Disabilities Code, or
developmental |
disability as defined in Section 1-106 of that Code, and
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there is sufficient justification to believe that the |
inability to
discharge parental responsibilities shall |
extend beyond a reasonable
time period. However, this |
subdivision (p) shall not be construed so as to
permit a |
licensed clinical social worker to conduct any medical |
diagnosis to
determine mental illness or mental |
impairment.
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(q) The parent has been criminally convicted of |
aggravated battery,
heinous battery, or attempted murder |
of any child.
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(r) The child is in the temporary custody or |
guardianship of the
Department of Children and Family |
Services, the parent is incarcerated as a
result of |
criminal conviction at the time the petition or motion for
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termination of parental rights is filed, prior to |
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incarceration the parent had
little or no contact with the |
child or provided little or no support for the
child, and |
the parent's incarceration will prevent the parent from |
discharging
his or her parental responsibilities for the |
child for a period in excess of 2
years after the filing of |
the petition or motion for termination of parental
rights.
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(s) The child is in the temporary custody or |
guardianship of the
Department of Children and Family |
Services, the parent is incarcerated at the
time the |
petition or motion for termination of parental rights is |
filed, the
parent has been repeatedly incarcerated as a |
result of criminal convictions,
and the parent's repeated |
incarceration has prevented the parent from
discharging |
his or her parental responsibilities for the child.
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(t) A finding that at birth the child's blood,
urine, |
or meconium contained any amount of a controlled substance |
as
defined in subsection (f) of Section 102 of the Illinois |
Controlled Substances
Act, or a metabolite of a controlled |
substance, with the exception of
controlled substances or |
metabolites of such substances, the presence of which
in |
the newborn infant was the result of medical treatment |
administered to the
mother or the newborn infant, and that |
the biological mother of this child is
the biological |
mother of at least one other child who was adjudicated a
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neglected minor under subsection (c) of Section 2-3 of the |
Juvenile Court Act
of 1987, after which the biological |
mother had the opportunity to enroll in
and participate in |
a clinically appropriate substance abuse
counseling, |
treatment, and rehabilitation program.
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E. "Parent" means the father or mother of a legitimate or |
illegitimate
child. For the purpose of this Act, a person who |
has executed a final and
irrevocable consent to adoption or a |
final and irrevocable surrender for
purposes of adoption, or |
whose parental rights have been terminated by a
court, is not a |
parent of the child who was the subject of the consent or
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surrender, unless the consent is void pursuant to subsection O |
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of Section 10.
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F. A person is available for adoption when the person is:
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(a) a child who has been surrendered for adoption to an |
agency and to
whose adoption the agency has thereafter |
consented;
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(b) a child to whose adoption a person authorized by |
law, other than his
parents, has consented, or to whose |
adoption no consent is required pursuant
to Section 8 of |
this Act;
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(c) a child who is in the custody of persons who intend |
to adopt him
through placement made by his parents;
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(c-1) a child for whom a parent has signed a specific |
consent pursuant
to subsection O of Section 10;
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(d) an adult who meets the conditions set forth in |
Section 3 of this
Act; or
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(e) a child who has been relinquished as defined in |
Section 10 of the
Abandoned Newborn Infant Protection Act.
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A person who would otherwise be available for adoption |
shall not be
deemed unavailable for adoption solely by reason |
of his or her death.
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G. The singular includes the plural and the plural includes
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the singular and the "male" includes the "female", as the |
context of this
Act may require.
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H. "Adoption disruption" occurs when an adoptive placement |
does not
prove successful and it becomes necessary for the |
child to be removed from
placement before the adoption is |
finalized.
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I. "Foreign placing agency" is an agency or individual |
operating in a
country or territory outside the United States |
that is authorized by its
country to place children for |
adoption either directly with families in the
United States or |
through United States based international agencies.
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J. "Immediate relatives" means the biological parents, the |
parents of
the biological parents and siblings of the |
biological parents.
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K. "Intercountry adoption" is a process by which a child |
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from a country
other than the United States is adopted.
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L. "Intercountry Adoption Coordinator" is a staff person of |
the
Department of Children and Family Services appointed by the |
Director to
coordinate the provision of services by the public |
and private sector to
prospective parents of foreign-born |
children.
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M. "Interstate Compact on the Placement of Children" is a |
law enacted by
most states for the purpose of establishing |
uniform procedures for handling
the interstate placement of |
children in foster homes, adoptive homes, or
other child care |
facilities.
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N. "Non-Compact state" means a state that has not enacted |
the
Interstate Compact on the Placement of Children.
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O. "Preadoption requirements" are any conditions |
established by the laws
or regulations of the Federal |
Government or of each state that must be met
prior to the |
placement of a child in an adoptive home.
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P. "Abused child" means a child whose parent or immediate |
family member,
or any person responsible for the child's |
welfare, or any individual
residing in the same home as the |
child, or a paramour of the child's parent:
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(a) inflicts, causes to be inflicted, or allows to be |
inflicted upon
the child physical injury, by other than |
accidental means, that causes
death, disfigurement, |
impairment of physical or emotional health, or loss
or |
impairment of any bodily function;
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(b) creates a substantial risk of physical injury to |
the child by
other than accidental means which would be |
likely to cause death,
disfigurement, impairment of |
physical or emotional health, or loss or
impairment of any |
bodily function;
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(c) commits or allows to be committed any sex offense |
against the child,
as sex offenses are defined in the |
Criminal Code of 1961
and extending those definitions of |
sex offenses to include children under
18 years of age;
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(d) commits or allows to be committed an act or acts of |
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torture upon
the child; or
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(e) inflicts excessive corporal punishment.
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Q. "Neglected child" means any child whose parent or other |
person
responsible for the child's welfare withholds or denies |
nourishment or
medically indicated treatment including food or |
care denied solely on the
basis of the present or anticipated |
mental or physical impairment as determined
by a physician |
acting alone or in consultation with other physicians or
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otherwise does not provide the proper or necessary support, |
education
as required by law, or medical or other remedial care |
recognized under State
law as necessary for a child's |
well-being, or other care necessary for his
or her well-being, |
including adequate food, clothing and shelter; or who
is |
abandoned by his or her parents or other person responsible for |
the child's
welfare.
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A child shall not be considered neglected or abused for the
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sole reason that the child's parent or other person responsible |
for his
or her welfare depends upon spiritual means through |
prayer alone for the
treatment or cure of disease or remedial |
care as provided under Section 4
of the Abused and Neglected |
Child Reporting Act.
A child shall not be considered neglected |
or abused for the sole reason that
the child's parent or other |
person responsible for the child's welfare failed
to vaccinate, |
delayed vaccination, or refused vaccination for the child
due |
to a waiver on religious or medical grounds as permitted by |
law.
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R. "Putative father" means a man who may be a child's |
father, but who (1) is
not married to the child's mother on or |
before the date that the child was or
is to be born and (2) has |
not established paternity of the child in a court
proceeding |
before the filing of a petition for the adoption of the child. |
The
term includes a male who is less than 18 years of age. |
"Putative father" does
not mean a man who is the child's father |
as a result of criminal sexual abuse
or assault as defined |
under Article 12 of the Criminal Code of 1961.
A child shall |
not be considered neglected or abused for the sole reason that
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the child's parent or other person responsible for the child's |
welfare failed
to vaccinate, delayed vaccination, or refused |
vaccination for the child
due to a waiver on religious or |
medical grounds as permitted by law.
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S. "Standby adoption" means an adoption in which a |
terminally ill parent
consents to custody and termination of |
parental rights to become
effective upon the occurrence of a |
future event, which is either the death of
the terminally ill
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parent or the request of the parent
for the entry of a final |
judgment of adoption.
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T. (Blank).
"Terminally ill parent" means a person who has |
a medical prognosis by a
physician licensed to practice |
medicine in all of its branches that the person
has an |
incurable and irreversible condition which will lead to death.
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(Source: P.A. 91-357, eff. 7-29-99; 91-373, eff. 1-1-00; |
91-572, eff.
1-1-00; 92-16, eff. 6-28-01; 92-375, eff. 1-1-02; |
92-408, eff. 8-17-01; 92-432,
eff. 8-17-01; 92-651,
7-11-02; |
revised 8-23-02.)
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(750 ILCS 50/9) (from Ch. 40, par. 1511)
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Sec. 9. Time for
taking a consent or surrender.
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A. A consent or a surrender taken not less than 72 hours |
after the birth
of the child is irrevocable except as provided |
in Section 11 of this Act.
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B. No consent or surrender shall be taken within the 72 |
hour period
immediately following the birth of the child.
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C. A consent or a surrender may be taken from the father |
prior to the
birth of the child. Such consent or surrender |
shall be revoked if, within
72 hours after the birth of the |
child, the father who gave such consent or
surrender, notifies |
in writing the person, agency or court representative
who took |
the surrender or consent or any individual representing or
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connected with such person, agency or court representative of |
the
revocation of the consent or surrender.
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D. Any consent or surrender taken in accordance with |
paragraph C above
which is not revoked within 72 hours after |
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the birth of the child is
irrevocable except as provided in |
Section 11 of this Act.
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E. Consent may be given to a standby adoption by a |
terminally ill parent
whose
consent is required pursuant to |
Section 8 of this Act to become effective when
the consenting
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terminally ill parent of the child dies or that parent requests |
that the final
judgment of
adoption be entered.
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(Source: P.A. 91-572, eff. 1-1-00.)
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(750 ILCS 50/10) (from Ch. 40, par. 1512)
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Sec. 10. Forms of consent and surrender; execution and
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acknowledgment thereof.
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A. The form of consent required for the
adoption of a born |
child shall be substantially as follows:
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FINAL AND IRREVOCABLE CONSENT TO ADOPTION
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I, ...., (relationship, e.g., mother, father, relative, |
guardian)
of ...., a ..male child, state:
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That such child was born on .... at ....
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That I reside at ...., County of .... and State of ....
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That I am of the age of .... years.
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That I hereby enter my appearance in this proceeding and |
waive
service of summons on me.
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That I do hereby consent and agree to the adoption of such |
child.
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That I wish to and understand that by signing this consent |
I do
irrevocably and permanently give up all custody and other |
parental
rights I have to such child.
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That I understand such child will be placed for adoption |
and that I
cannot under any circumstances, after signing this |
document, change my
mind and revoke or cancel this consent or |
obtain or recover custody or
any other rights over such child. |
That I have read and understand the
above and I am signing it |
as my free and voluntary act.
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Dated (insert date).
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.........................
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If under Section 8 the consent of more than one person is |
required,
then each such person shall execute a separate |
consent.
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B. The form of consent required for the adoption of an |
unborn child
shall be substantially as follows:
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CONSENT TO ADOPTION OF UNBORN CHILD
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I, ...., state:
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That I am the father of a child expected to be born on or |
about ....
to .... (name of mother).
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That I reside at .... County of ...., and State of .....
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That I am of the age of .... years.
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That I hereby enter my appearance in such adoption |
proceeding and
waive service of summons on me.
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That I do hereby consent and agree to the adoption of such |
child, and
that I have not previously executed a consent or |
surrender with respect
to such child.
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That I wish to and do understand that by signing this |
consent I do
irrevocably and permanently give up all custody |
and other parental
rights I have to such child, except that I |
have the right to revoke this
consent by giving written notice |
of my revocation not later than 72
hours after the birth of the |
child.
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That I understand such child will be placed for adoption |
and that,
except as hereinabove provided, I cannot under any |
circumstances, after
signing this document, change my mind and |
revoke or cancel this consent
or obtain or recover custody or |
any other rights over such child.
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That I have read and understand the above and I am signing |
it as my
free and voluntary act.
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Dated (insert date).
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........................
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B-5. (1) The parent of a child may execute a consent to |
standby
adoption by a specified person or persons. A consent |
under this subsection B-5
shall be acknowledged by a parent |
pursuant to subsection H and subsection K of
this Section.
The |
form of consent required for the standby adoption of a born |
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child
effective at a future date when the consenting
terminally |
ill parent of the child dies or
requests that a final judgment |
of adoption be entered shall be substantially as
follows:
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FINAL AND IRREVOCABLE CONSENT
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TO STANDBY ADOPTION
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I, ..., (relationship, e.g. mother or father)
of ...., a |
..male child, state:
|
That the child was born on .... at .....
|
That I reside at ...., County of ...., and State of .....
|
That I am of the age of .... years.
|
That I hereby enter my appearance in this proceeding and |
waive service of
summons on me in this action only.
|
That I do hereby consent and
agree to the standby adoption |
of the child, and that I have not previously
executed a consent |
or surrender with respect to the child.
|
That (I am terminally ill) (the child's other parent is |
terminally
ill).
|
That I wish to and understand that by signing this consent |
I do irrevocably
and permanently give up all custody and other |
parental rights I have to the
child, effective upon
(my death) |
(the child's other parent's death) or upon (my) (the other
|
terminally ill
parent's) request for the entry of a final |
judgment for adoption if .....
(specified person or persons) |
adopt my child.
|
That I understand that until (I die) (the child's other |
parent dies), I
retain all legal rights and obligations |
concerning the child, but at that time,
I irrevocably give all |
custody and other parental rights to .... (specified
person or |
persons).
|
I understand my child will be adopted by ....... (specified |
person or
persons) only and that I cannot, under any |
circumstances, after signing this
document, change my mind and |
revoke or cancel this consent or obtain or recover
custody or |
any other rights over my child if ..... (specified person or
|
persons) adopt my child.
|
I understand that this consent to standby adoption is valid |
|
only if the
petition for standby adoption is filed and that if |
....... (specified person or
persons), for any reason, cannot |
or will not file a petition for standby
adoption or if his, |
her, or their petition for standby adoption is denied, then
|
this consent is void. I have the right to notice of any other |
proceeding that
could affect my parental rights.
|
That I have read and understand the above and I am signing |
it as my free and
voluntary act.
|
Dated (insert date).
|
....................
|
If under Section 8 the consent of more than one person is |
required, then each
such
person shall execute a separate |
consent. A separate consent shall be executed
for each
child.
|
(2) If the parent consents to a standby adoption by 2 |
specified persons,
then the form shall contain 2 additional |
paragraphs in substantially the
following form:
|
If .... (specified persons) obtain a judgment of
|
dissolution of
marriage before the judgment for adoption is |
entered, then .....
(specified person) shall adopt my child. I |
understand that I cannot change my
mind and revoke this consent |
or obtain or recover custody of my child if .....
(specified |
persons) obtain a judgment of dissolution of marriage and .....
|
(specified person) adopts my child. I understand that I cannot |
change my
mind and revoke this consent if ...... (specified |
persons) obtain a
judgment of dissolution of marriage before |
the adoption is final. I
understand that this consent to |
adoption has no effect on who will get custody
of my child if |
..... (specified persons) obtain a judgment of dissolution
of |
marriage after the adoption is final. I understand that if |
either .....
(specified persons) dies before the petition to |
adopt my child is granted, then
the surviving person may adopt |
my child. I understand that I cannot change my
mind and revoke |
this consent or obtain or recover custody of my child if the
|
surviving person adopts my child.
|
A consent to standby adoption by specified persons on this |
|
form shall have no
effect on a court's determination of custody |
or visitation under the Illinois
Marriage and Dissolution
of |
Marriage Act if the marriage of the specified persons is |
dissolved before
the adoption is final.
|
(3) The form of the certificate of acknowledgement for a |
Final and
Irrevocable Consent for Standby Adoption shall be |
substantially as follows:
|
STATE OF .....)
|
) SS.
|
COUNTY OF ....)
|
I, ....... (name of Judge or other person) ..... (official |
title,
name, and address), certify that ......., personally |
known to me to be
the same person whose name is subscribed to |
the foregoing Final and Irrevocable
Consent to Standby |
Adoption, appeared before me this day in person and
|
acknowledged that (she) (he) signed and
delivered the consent |
as (her) (his) free and voluntary act, for the specified
|
purpose.
|
I have fully explained that this consent to adoption is |
valid only if the
petition to adopt is filed, and that if the |
specified person or persons, for
any reason, cannot or will not |
adopt the child or if the adoption petition is
denied, then |
this consent will be void. I have fully explained that if the
|
specified person or persons adopt the child, by signing this |
consent (she) (he)
is irrevocably and permanently |
relinquishing all parental rights to the child,
and (she) (he) |
has stated that such is (her) (his) intention and desire.
|
Dated (insert date).
|
Signature..............................
|
(4) If a consent to standby adoption is executed in this |
form,
the consent shall be valid only if the specified
person |
or persons adopt the child. The consent shall be void if:
|
(a) the specified person or persons do not file a petition |
for standby
adoption of the child; or
|
|
(b) a court denies the standby adoption petition.
|
The parent shall not need to take further action to revoke |
the consent if the
standby adoption by the specified person or |
persons does not occur,
notwithstanding the provisions of |
Section 11 of this Act.
|
C. The form of surrender to any agency given by a parent of |
a born
child who is to be subsequently placed for adoption |
shall be
substantially as follows and shall contain such other |
facts and
statements as the particular agency shall require.
|
FINAL AND IRREVOCABLE SURRENDER
|
FOR PURPOSES OF ADOPTION
|
I, .... (relationship, e.g., mother, father, relative, |
guardian) of
...., a ..male child, state:
|
That such child was born on ...., at .....
|
That I reside at ...., County of ...., and State of .....
|
That I am of the age of .... years.
|
That I do hereby surrender and entrust the entire custody |
and control
of such child to the .... (the "Agency"), a |
(public) (licensed) child
welfare agency with its principal |
office in the City of ...., County of
.... and State of ...., |
for the purpose of enabling it to care for and
supervise the |
care of such child, to place such child for adoption and
to |
consent to the legal adoption of such child.
|
That I hereby grant to the Agency full power and authority |
to place
such child with any person or persons it may in its |
sole discretion
select to become the adopting parent or parents |
and to consent to the
legal adoption of such child by such |
person or persons; and to take any
and all measures which, in |
the judgment of the Agency, may be for the
best interests of |
such child, including authorizing medical, surgical
and dental |
care and treatment including inoculation and anaesthesia for
|
such child.
|
That I wish to and understand that by signing this |
surrender I do
irrevocably and permanently give up all custody |
and other parental
rights I have to such child.
|
That I understand I cannot under any circumstances, after |
|
signing
this surrender, change my mind and revoke or cancel |
this surrender or
obtain or recover custody or any other rights |
over such child.
|
That I have read and understand the above and I am signing |
it as my
free and voluntary act.
|
Dated (insert date).
|
........................
|
D. The form of surrender to an agency given by a parent of |
an unborn
child who is to be subsequently placed for adoption |
shall be
substantially as follows and shall contain such other |
facts and
statements as the particular agency shall require.
|
SURRENDER OF UNBORN CHILD FOR
|
PURPOSES OF ADOPTION
|
I, .... (father), state:
|
That I am the father of a child expected to be born on or |
about ....
to .... (name of mother).
|
That I reside at ...., County of ...., and State of .....
|
That I am of the age of .... years.
|
That I do hereby surrender and entrust the entire custody |
and control
of such child to the .... (the "Agency"), a |
(public) (licensed) child
welfare agency with its principal |
office in the City of ...., County of
.... and State of ...., |
for the purpose of enabling it to care for and
supervise the |
care of such child, to place such child for adoption and
to |
consent to the legal adoption of such child, and that I have |
not
previously executed a consent or surrender with respect to |
such child.
|
That I hereby grant to the Agency full power and authority |
to place
such child with any person or persons it may in its |
sole discretion
select to become the adopting parent or parents |
and to consent to the
legal adoption of such child by such |
person or persons; and to take any
and all measures which, in |
the judgment of the Agency, may be for the
best interests of |
such child, including authorizing medical, surgical
and dental |
care and treatment, including inoculation and anaesthesia for
|
such child.
|
|
That I wish to and understand that by signing this |
surrender I do
irrevocably and permanently give up all custody |
and other parental
rights I have to such child.
|
That I understand I cannot under any circumstances, after |
signing
this surrender, change my mind and revoke or cancel |
this surrender or
obtain or recover custody or any other rights |
over such child, except
that I have the right to revoke this |
surrender by giving written notice
of my revocation not later |
than 72 hours after the birth of such child.
|
That I have read and understand the above and I am signing |
it as my
free and voluntary act.
|
Dated (insert date).
|
........................
|
E. The form of consent required from the parents for the |
adoption of
an adult, when such adult elects to obtain such |
consent, shall be
substantially as follows:
|
CONSENT
|
I, ...., (father) (mother) of ...., an adult, state:
|
That I reside at ...., County of .... and State of .....
|
That I do hereby consent and agree to the adoption of such |
adult by
.... and .....
|
Dated (insert date).
|
.........................
|
F. The form of consent required for the adoption of a child |
of the
age of 14 years or upwards, or of an adult, to be given |
by such person,
shall be substantially as follows:
|
CONSENT
|
I, ...., state:
|
That I reside at ...., County of .... and State of ..... |
That I am
of the age of .... years. That I consent and agree to |
my adoption by
.... and .....
|
Dated (insert date).
|
........................
|
G. The form of consent given by an agency to the adoption |
by
specified persons of a child previously surrendered to it |
shall set
forth that the agency has the authority to execute |
|
such consent. The
form of consent given by a guardian of the |
person of a child sought to
be adopted, appointed by a court of |
competent jurisdiction, shall set
forth the facts of such |
appointment and the authority of the guardian to
execute such |
consent.
|
H. A consent (other than that given by an agency, or |
guardian of the
person of the child sought to be adopted |
appointed by a court of
competent jurisdiction) shall be |
acknowledged by a parent before the
presiding judge of the |
court in which the petition for adoption has
been, or is to be |
filed or before any other judge or hearing officer
designated |
or
subsequently approved by the court, or the circuit clerk if |
so authorized
by the presiding judge or, except as otherwise |
provided in
this Act, before a representative of the Department |
of Children and
Family Services or a licensed child welfare |
agency, or before social
service personnel under the |
jurisdiction of a court of competent
jurisdiction, or before |
social service personnel of the Cook County
Department of |
Supportive Services designated by the presiding judge.
|
I. A surrender, or any other document equivalent to a |
surrender, by
which a child is surrendered to an agency shall |
be acknowledged by the
person signing such surrender, or other |
document, before a judge or hearing
officer or the
clerk of any |
court of record, either in this State or any other state of
the |
United States, or before a representative of an agency or |
before any
other person designated or approved by the presiding |
judge of the court
in which the petition for adoption has been, |
or is to be, filed.
|
J. The form of the certificate of acknowledgment for a |
consent, a
surrender, or any other document equivalent to a |
surrender, shall be
substantially as follows:
|
STATE OF ....)
|
) SS.
|
COUNTY OF ...)
|
I, .... (Name of judge or other person), .... (official |
title, name and
location of court or status or position of |
|
other person),
certify that ...., personally known to me to be |
the same person whose
name is subscribed to the foregoing |
(consent) (surrender), appeared
before me this day in person |
and acknowledged that (she) (he) signed and
delivered such |
(consent) (surrender) as (her) (his) free and voluntary
act, |
for the specified purpose.
|
I have fully explained that by signing such (consent) |
(surrender)
(she) (he) is irrevocably relinquishing all |
parental rights to such
child or adult and (she) (he) has |
stated that such is (her) (his)
intention and desire.
|
Dated (insert date).
|
Signature ...............
|
K. When the execution of a consent or a surrender is |
acknowledged
before someone other than a judge or the clerk of |
a court of record,
such other person shall have his signature |
on the certificate
acknowledged before a notary public, in form |
substantially as follows:
|
STATE OF ....)
|
) SS.
|
COUNTY OF ...)
|
I, a Notary Public, in and for the County of ......, in the |
State of
......, certify that ...., personally known to me to |
be the
same person whose name is subscribed to the foregoing |
certificate of
acknowledgment, appeared before me in person and |
acknowledged that (she)
(he) signed such certificate as (her) |
(his) free and voluntary act and
that the statements made in |
the certificate are true.
|
Dated (insert date).
|
Signature ...................... Notary Public
|
(official seal)
|
There shall be attached a certificate of magistracy, or |
other
comparable proof of office of the notary public |
satisfactory to the
court, to a consent signed and acknowledged |
in another state.
|
L. A surrender or consent executed and acknowledged outside |
|
of this
State, either in accordance with the law of this State |
or in accordance
with the law of the place where executed, is |
valid.
|
M. Where a consent or a surrender is signed in a foreign |
country,
the execution of such consent shall be acknowledged or |
affirmed in a
manner conformable to the law and procedure of |
such country.
|
N. If the person signing a consent or surrender is in the |
military
service of the United States, the execution of such |
consent or surrender
may be acknowledged before a commissioned |
officer and the signature of
such officer on such certificate |
shall be verified or acknowledged
before a notary public or by |
such other procedure as is then in effect
for such division or |
branch of the armed forces.
|
O. (1) The parent or parents of a child in whose interests |
a petition
under Section 2-13 of the Juvenile Court Act of 1987 |
is pending may, with the
approval of the designated |
representative of the Department of Children and
Family |
Services, execute a consent to adoption by a specified person |
or
persons:
|
(a) in whose physical custody the child has resided for |
at least 6
months;
or
|
(b) in whose physical custody at least one sibling of |
the child who is the
subject of this consent has resided |
for at least 6 months, and
the child who is
the subject of |
this consent is currently residing in this foster home; or
|
(c) in whose physical custody a child under one year of |
age has resided
for at least 3 months.
|
A consent under this subsection O shall be acknowledged by a |
parent pursuant to
subsection H and subsection K of this |
Section.
|
(2) The consent to adoption by a specified person or |
persons shall have the
caption of the proceeding in which it is |
to be filed and shall be substantially
as follows:
|
FINAL AND IRREVOCABLE CONSENT TO ADOPTION BY
|
A SPECIFIED PERSON OR PERSONS
|
|
I, ......................................, the |
.................. (mother or
father) of a ....male child, |
state:
|
1. My child ............................ (name of |
child) was born on
(insert date) at .................... |
Hospital in
................ County, State of |
...............
|
2. I reside at ......................, County of |
............. and
State of ..............
|
3. I, ..........................., am .... years old.
|
4. I enter my appearance in this action to adopt my |
child by the
person or persons specified herein by me and |
waive service of
summons on me in this action only.
|
5. I consent to the adoption of my child by
|
.............................
(specified person or |
persons) only.
|
6. I wish to sign this consent and I understand that by |
signing this
consent I irrevocably and permanently give up |
all parental rights I have to my
child if my child is |
adopted by ............................. (specified person
|
or persons).
|
7. I understand my child will be adopted by |
.............................
(specified person or |
persons) only and that I cannot under any circumstances,
|
after signing this document, change my mind and revoke or |
cancel this consent
or obtain or recover custody or any |
other rights over my child if
............................ |
(specified person or persons) adopt my child.
|
8. I understand that this consent to adoption is valid |
only if the
petition to adopt is filed within one year from |
the date that I sign it and
that if ....................... |
(specified person or persons), for any reason,
cannot or |
will not file a petition to adopt my child within that one |
year
period or if their adoption petition is denied, then |
this consent will be
voidable after one year upon the |
timely filing of my motion. If I file this
motion before |
|
the filing of the petition for adoption, I understand that |
the
court shall revoke this specific consent.
I have the |
right to notice of any other proceeding that could affect |
my
parental rights, except for the proceeding for |
............. (specified person
or persons) to adopt my |
child.
|
9. I have read and understand the above and I am |
signing it as my free
and voluntary act.
|
Dated (insert date).
|
.............................................
|
Signature of parent
|
(3) If the parent consents to an adoption by 2 specified |
persons, then the
form shall contain 2 additional paragraphs in |
substantially the following form:
|
10. If ............... (specified persons) get a |
divorce
before the petition to adopt my child is granted, |
then ..........
(specified person) shall adopt my child. I |
understand that I
cannot change my mind and revoke this |
consent or obtain or
recover custody over my child if |
............. (specified persons)
divorce and |
............. (specified person) adopts my
child. I |
understand that I cannot change my mind and revoke
this |
consent or obtain or recover custody over my child if
|
................. (specified persons) divorce after the
|
adoption is final. I understand that this consent to |
adoption
has no effect on who will get custody of my child |
if they
divorce after the adoption is final.
|
11. I understand that if either ...............
|
(specified persons) dies before the petition to adopt
my |
child is granted, then the surviving person can adopt my |
child. I
understand that I cannot change my mind and revoke |
this consent
or obtain or recover custody over my child if |
the surviving
person adopts my child.
|
A consent to adoption by specified persons on this form |
shall
have no effect on a court's determination of custody or |
visitation
under the Illinois Marriage and Dissolution of |
|
Marriage Act if the
marriage of the
specified persons is |
dissolved after the adoption is final.
|
(4) The form of the certificate of acknowledgement for a |
Final and
Irrevocable Consent for Adoption by a Specified |
Person or Persons shall be
substantially as follows:
|
STATE OF..............)
|
) SS.
|
COUNTY OF.............)
|
I, .................... (Name of Judge or other person),
|
..................... (official title, name, and address),
|
certify that ............., personally known to me to be the |
same person whose
name is subscribed to the foregoing Final and |
Irrevocable Consent for Adoption
by a Specified Person or |
Persons, appeared before me this day
in person and acknowledged |
that (she)(he) signed and delivered the consent as
(her)(his) |
free and voluntary act, for the specified purpose.
|
I have fully explained that this consent to adoption is |
valid only if the
petition to adopt is filed within one year |
from the date that it is signed, and
that if the specified |
person or persons, for any reason, cannot or will not
adopt the |
child or if the adoption petition is denied, then this consent |
will
be voidable after one year upon the timely filing of a |
motion by the parent
to revoke the consent. I explained that if |
this motion is filed before the
filing of the petition for |
adoption, the court shall revoke this specific
consent. I have |
fully explained that if the specified person or
persons adopt
|
the child, by signing this consent this parent is irrevocably
|
and permanently
relinquishing all parental rights to the child, |
and this parent has stated that
such is (her)(his) intention |
and desire.
|
Dated (insert date).
|
...............................
|
Signature
|
(5) If a consent to adoption by a specified person or |
|
persons is executed in
this form, the following provisions |
shall apply. The consent shall be valid
only if that specified |
person or persons adopt the child. The consent shall be
|
voidable after one year if:
|
(a) the specified person or persons do not file a |
petition to adopt the
child within one year after the |
consent is signed and the parent files a
timely motion to |
revoke this consent. If this motion is filed before the
|
filing of the petition for adoption the court shall revoke |
this consent; or
|
(b) a court denies the adoption petition; or
|
(c) the Department of Children and Family Services |
Guardianship
Administrator determines that the specified |
person or persons will not or
cannot complete the adoption, |
or in the best interests of the child should not
adopt the |
child.
|
Within 30 days of the consent becoming void, the Department |
of Children and
Family Services Guardianship Administrator |
shall make good faith attempts to
notify the parent in writing |
and shall give written notice to the court and all
additional |
parties in writing that the adoption has not occurred or will |
not
occur and that the consent is void. If the adoption by a |
specified person or
persons does not occur, no proceeding for |
termination of parental rights shall
be brought unless the |
biological parent who executed the consent to adoption by
a |
specified person or persons has been notified of the proceeding |
pursuant to
Section 7 of this Act or subsection (4) of Section |
2-13 of the Juvenile Court
Act of 1987. The parent shall not |
need to take further action to revoke the
consent if the |
specified adoption does not occur, notwithstanding the
|
provisions of Section 11 of this Act.
|
(6) The Department of Children and Family Services is |
authorized
to promulgate rules necessary to implement this |
subsection O.
|
(7) The Department shall collect and maintain data |
concerning the efficacy
of specific consents. This data shall |
|
include the number of specific consents
executed and their |
outcomes, including but not limited to the number of
children |
adopted pursuant to the consents, the number of children for |
whom
adoptions are not completed, and the reason or reasons why |
the adoptions are
not completed.
|
(Source: P.A. 91-357, eff. 7-29-99; 91-572, eff. 1-1-00; |
92-320, eff.
1-1-02.)
|
(750 ILCS 50/13.1)
|
Sec. 13.1. Order for standby adoption.
|
(a) If it is proved to the satisfaction of the court, after |
such
investigation as the court deems necessary, that the |
child's parent
consents to or fails to object to the standby |
adoption and adoption by the
petitioner will be for the welfare |
of the child, the court may
enter an order for standby |
adoption. However, the consenting
terminally ill parent's |
parental rights may not be terminated until consent
becomes |
effective.
|
(b) The order for standby adoption shall be final as to all |
findings and
shall be followed in the judgment of adoption |
unless the
court finds by clear and convincing evidence that it |
is no longer in the best
interest of the child for the adoption |
to be finalized.
|
(c) Once the standby adoptive parent receives knowledge of |
the
death of the consenting
terminally ill parent, or the |
consenting
terminally ill parent
requests that a final judgment |
for adoption be entered, the standby
adoptive parent shall have |
60 days to apply for a judgment
for adoption.
|
(Source: P.A. 91-572, eff. 1-1-00.)
|
(750 ILCS 50/14) (from Ch. 40, par. 1517)
|
Sec. 14. Judgment.
|
(a) Prior to the entry of the judgment for order of
|
adoption in any case other than an adoption of a related child |
or of an
adult, each petitioner and each
person, agency, |
association, corporation, institution, society or
organization |
|
involved in the adoption of the child, except a child welfare
|
agency, shall
execute an affidavit setting forth the hospital |
and medical costs, legal
fees, counseling fees, and any other |
fees or expenditures paid in accordance
with the Adoption |
Compensation Prohibition Act.
|
(b) Before the entry of the judgment for adoption, each |
child welfare agency
involved in the adoption of the child |
shall file an affidavit concerning the
costs, expenses, |
contributions, fees, compensation, or other things of value
|
which have been given, promised, or received including but not |
limited to
hospital and medical costs, legal fees, social |
services, living expenses, or
any other expenses related to the |
adoption paid in accordance with the Adoption
Compensation |
Prohibition Act.
|
If the total amount paid by the child welfare agency is |
$4,500 or more, the
affidavit shall contain an itemization of |
expenditures.
|
If the total amount paid by the child welfare agency is |
less than $4,500, the
agency may file an unitemized affidavit |
stating that the total amount paid is
less than $4,500 unless |
the court, in its discretion, requires that agency to
file an |
itemized affidavit.
|
(c) No affidavit need be filed
in the case of an adoption |
of a related child or an adult, nor shall an
affidavit be |
required to be filed
by a non-consenting parent, or by any |
judge, or clerk, involved in an
official capacity in the |
adoption
proceedings.
|
(d) All affidavits filed in accordance with this Section |
shall be under penalty of perjury
and shall include, but are |
not limited to, hospital and medical
costs,
legal fees, social |
services, living expenses or any other expenses
related to the |
adoption or to the placement of the child, whether or not the
|
payments are permitted by applicable laws.
|
(e) Upon the expiration of 6 months after the date
of any |
interim order vesting temporary care, custody and control of a
|
child, other than a related child, in the petitioners, entered |
|
pursuant
to this Act, the petitioners may apply to the court |
for a judgment of
adoption. Notice of such application shall be |
served by the petitioners
upon the investigating agency or the |
person making such investigation,
and the guardian ad litem. |
After the hearing on such application, at
which the petitioners |
and the child shall appear in person, unless their
presence is |
waived by the court for good cause shown, the court may
enter a |
judgment for adoption, provided the court is
satisfied from the
|
report of the investigating agency or the person making the
|
investigation, and from the evidence, if any, introduced, that |
the
adoption is for the welfare of the child and that there is |
a valid
consent, or that no consent is required as provided in |
Section 8 of this
Act.
|
(f) A judgment for adoption of a related child, an adult, |
or a child as
to
whose adoption an agency or person authorized |
by law has the right of
authority to consent may be entered at |
any time after service of process
and after the return day |
designated therein.
|
(f-5) A standby adoption judgment may be entered upon |
notice of the death
of the consenting
terminally ill parent
or |
upon the consenting
terminally ill parent's request that a |
final judgment for adoption
be entered. The notice must be |
provided to the court within 60 days after the
standby adoptive |
parent's receipt of knowledge of death of the consenting
|
terminally ill parent or the consenting
terminally ill parent's |
request that a
final judgment for adoption be entered. If the |
court finds that adoption is
for the welfare of the child and |
that there is a valid consent, including
consent for standby |
adoption, which is still in effect, or that no consent is
|
required under Section 8 of the Act, a judgment for adoption |
shall be entered
unless the court finds by clear and convincing |
evidence that it is no longer in
the best interest of the child |
for the adoption to be finalized.
|
(g) No special findings of fact or certificate of evidence |
shall be
necessary in any case to support the judgment.
|
(h) Only the circuit court that entered the judgment of the |