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| Public Act 093-0732 |
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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
| ||||
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.
| ||
(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
| ||
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
| ||
Juvenile Court Act of 1987.
| ||
(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 | ||
Juvenile Court Act of 1987.
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(i) Depravity. Conviction of any one of the following
| ||
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)
| ||
first degree murder or second degree murder of any child in
| ||
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
| ||
United States territory; and at least one of these
| ||
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 | ||
immediately
prior to the commencement of the unfitness | ||
proceeding.
| ||
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
| ||
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
| ||
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 | ||
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
| ||
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.
| ||
(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
| ||
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
| ||
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 | ||
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).
| ||
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
| ||
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.
| ||
(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
| ||
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.
| ||
(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
| ||
termination of parental rights is filed, prior to | ||
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.
| ||
(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.
| ||
(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
| ||
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
| ||
surrender, unless the consent is void pursuant to subsection O | ||
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;
| ||
(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.
| ||
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.
| ||
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.
| ||
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.
| ||
J. "Immediate relatives" means the biological parents, the | ||
parents of
the biological parents and siblings of the | ||
biological parents.
| ||
K. "Intercountry adoption" is a process by which a child | ||
from a country
other than the United States is adopted.
| ||
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.
| ||
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.
| ||
N. "Non-Compact state" means a state that has not enacted | ||
the
Interstate Compact on the Placement of Children.
| ||
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.
| ||
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:
| ||
(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;
| ||
(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;
| ||
(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;
| ||
(d) commits or allows to be committed an act or acts of | ||
torture upon
the child; or
| ||
(e) inflicts excessive corporal punishment.
| ||
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
| ||
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.
| ||
A child shall not be considered neglected or abused for the
| ||
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.
| ||
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
| ||
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.
| ||
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
| ||
parent or the request of the parent
for the entry of a final | ||
judgment of adoption.
| ||
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.
| ||
(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.)
| ||
(750 ILCS 50/9) (from Ch. 40, par. 1511)
| ||
Sec. 9. Time for
taking a consent or surrender.
| ||
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.
| ||
B. No consent or surrender shall be taken within the 72 | ||
hour period
immediately following the birth of the child.
| ||
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
| ||
connected with such person, agency or court representative of | ||
the
revocation of the consent or surrender.
| ||
D. Any consent or surrender taken in accordance with | ||
paragraph C above
which is not revoked within 72 hours after | ||
the birth of the child is
irrevocable except as provided in | ||
Section 11 of this Act.
| ||
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
| ||
terminally ill parent of the child dies or that parent requests | ||
that the final
judgment of
adoption be entered.
| ||
(Source: P.A. 91-572, eff. 1-1-00.)
| ||
(750 ILCS 50/10) (from Ch. 40, par. 1512)
| ||
Sec. 10. Forms of consent and surrender; execution and
| ||
acknowledgment thereof.
| ||
A. The form of consent required for the
adoption of a born | ||
child shall be substantially as follows:
| ||
FINAL AND IRREVOCABLE CONSENT TO 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 hereby enter my appearance in this proceeding and | ||
waive
service of summons on me.
| ||
That I do hereby consent and agree to the adoption of such | ||
child.
| ||
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.
| ||
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.
| ||
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.
| ||
B. The form of consent required for the adoption of an | ||
unborn child
shall be substantially as follows:
| ||
CONSENT TO ADOPTION OF UNBORN CHILD
| ||
I, ...., 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 hereby enter my appearance in such adoption | ||
proceeding and
waive service of summons on me.
| ||
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.
| ||
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.
| ||
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.
| ||
That I have read and understand the above and I am signing | ||
it as my
free and voluntary act.
| ||
Dated (insert date).
| ||
........................
| ||
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 | ||
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:
| ||
FINAL AND IRREVOCABLE CONSENT
| ||
TO STANDBY ADOPTION
| ||
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.)
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(750 ILCS 50/13.1)
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Sec. 13.1. Order for standby adoption.
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(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.
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(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.
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(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.
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(Source: P.A. 91-572, eff. 1-1-00.)
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(750 ILCS 50/14) (from Ch. 40, par. 1517)
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Sec. 14. Judgment.
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(a) Prior to the entry of the judgment for order of
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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
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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.
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(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
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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.
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If the total amount paid by the child welfare agency is | ||
$4,500 or more, the
affidavit shall contain an itemization of | ||
expenditures.
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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.
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(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.
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(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
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payments are permitted by applicable laws.
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(e) Upon the expiration of 6 months after the date
of any | ||
interim order vesting temporary care, custody and control of a
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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
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report of the investigating agency or the person making the
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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.
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(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.
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(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
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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
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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.
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(g) No special findings of fact or certificate of evidence | ||
shall be
necessary in any case to support the judgment.
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(h) Only the circuit court that entered the judgment of the | ||
adoption may
order the issuance of any contents of the court | ||
file or that the original
birth record of the adoptee be | ||
provided to any persons.
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(Source: P.A. 91-572, eff. 1-1-00.)
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