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| Public Act 096-0601 |
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AN ACT concerning civil law.
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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 | ||||
10 and 14.5 as follows:
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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. 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.
| ||
Dated (insert date).
| ||
.........................
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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.
| ||
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).
| ||
........................
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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 | ||
child
effective at a future date when the consenting
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:
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That the 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 in this action only.
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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 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
| ||
parent's) request for the entry of a final judgment for | ||
adoption if .....
(specified person or persons) adopt my child.
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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
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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.
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Dated (insert date).
| ||
....................
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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. A separate consent shall be executed
for each
child.
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(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:
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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
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surviving person adopts my child.
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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.
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(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.
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COUNTY OF ....)
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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
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acknowledged that (she) (he) signed and
delivered the consent | ||
as (her) (his) free and voluntary act, for the specified
| ||
purpose.
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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.
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Dated (insert date).
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Signature..............................
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(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:
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(a) the specified person or persons do not file a petition | ||
for standby
adoption of the child; or
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(b) a court denies the standby adoption petition.
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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.
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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.
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FINAL AND IRREVOCABLE SURRENDER
| ||
FOR PURPOSES OF 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 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.
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That I have read and understand the above and I am signing | ||
it as my
free and voluntary act.
| ||
Dated (insert date).
| ||
........................
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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.
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SURRENDER OF UNBORN CHILD FOR
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PURPOSES OF ADOPTION
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I, .... (father), 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 .....
| ||
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:
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CONSENT
| ||
I, ...., (father) (mother) of ...., an adult, state:
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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 who | ||
was appointed by a court of
competent jurisdiction) shall be | ||
acknowledged by a parent before a the
presiding judge of a the | ||
court of competent jurisdiction 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 an the Department of Children and
Family | ||
Services or a licensed child welfare agency, or before a | ||
person, other than the attorney for the prospective adoptive | ||
parent or parents, designated by 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 of a court of competent jurisdiction | ||
or hearing
officer or the
clerk of any court of record, either | ||
in this State or any other state of
the United States, or, | ||
except as otherwise provided in this Act, before a | ||
representative of an agency, or before a any
other person | ||
designated or approved by a the presiding judge of the court
of | ||
competent jurisdiction in which the petition for adoption has | ||
been, or is to be, filed.
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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 or her | ||
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.
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Dated (insert date).
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...............................
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Signature
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(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.
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(6) The Department of Children and Family Services is | ||
authorized
to promulgate rules necessary to implement this | ||
subsection O.
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(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.
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P. If the person signing a consent is incarcerated or | ||
detained in a correctional facility, prison, jail, detention | ||
center, or other comparable institution, either in this State | ||
or any other jurisdiction, the execution of such consent may be | ||
acknowledged before social service personnel of such | ||
institution, or before a person designated by a court of | ||
competent jurisdiction. | ||
Q. A consent may be acknowledged telephonically, via | ||
audiovisual connection, or other electronic means, provided | ||
that a court of competent jurisdiction has entered an order | ||
approving the execution of the consent in such manner and has | ||
designated an individual to be physically present with the | ||
parent executing such consent in order to verify the identity | ||
of the parent. | ||
R. An agency whose representative is acknowledging a | ||
consent pursuant to this Section shall be a public child | ||
welfare agency, or a child welfare agency, or a child placing | ||
agency that is authorized or licensed in the State or | ||
jurisdiction in which the consent is signed. | ||
(Source: P.A. 92-320, eff. 1-1-02; 93-732, eff. 1-1-05.)
| ||
(750 ILCS 50/14.5 new) | ||
Sec. 14.5. Petition to adopt by former parent. | ||
(a) For purposes of this Section, the term "former parent" | ||
means a person whose rights were terminated as described in | ||
paragraph (1) or (2). A petition to adopt by a former parent | ||
may be filed regarding any minor who was a ward of the court | ||
under Article II of the Juvenile Court Act of 1987 when: | ||
(1) while the minor was under the jurisdiction of the | ||
court under Article II of the Juvenile Court Act of 1987, | ||
the minor's former parent or former parents surrendered the | ||
minor for adoption to an agency legally authorized to place | ||
children for adoption, or the minor's former parent or | ||
former parents consented to the minor's adoption, or the | ||
former parent's or former parents' rights were terminated | ||
pursuant to a finding of unfitness pursuant to Section 2-29 | ||
of the Juvenile Court Act of 1987 and a guardian was | ||
appointed with the power to consent to adoption pursuant to | ||
Section 2-29 of the Juvenile Court Act of 1987; or | ||
(2) following the appointment of a guardian with the | ||
right to consent to the adoption of the minor pursuant to | ||
Section 2-29 of the Juvenile Court Act of 1987, the former | ||
parent's or former parents' rights were terminated | ||
pursuant to a finding of unfitness pursuant to paragraph | ||
(d) of subsection B of Section 13; and | ||
(3) (i) since the signing of the surrender or consent, | ||
or the unfitness finding, the minor remained a ward of the | ||
court and was subsequently adopted by an individual or | ||
individuals who, at the time of the adoption, were | ||
biologically related to the minor as defined in subsection | ||
B of Section 1 and
(ii) either the adoptive parent has died | ||
(or both adoptive parents have died in the case of 2 | ||
adoptive parents) and no standby guardian or standby | ||
adoptive parent has been appointed for the minor, and no | ||
guardian has been appointed by the adoptive parent for the | ||
minor through a will; or due to a mental or physical | ||
impairment
the adoptive parent is no longer able to provide | ||
care for the minor and the adoptive parent has consented in | ||
open court, or by such means as is approved by the court, | ||
to the adoption of the minor by the petitioner; and | ||
(4) the former parent named in the petition wishes to | ||
adopt the minor and meets the criteria established in this | ||
Section to adopt; and | ||
(5) it is in the best interests of the minor to have | ||
the petitioner adopt and have parental rights reinstated. | ||
(b) The petition may be filed by any party or by the former | ||
parent now seeking to adopt the minor. | ||
(c) Where a former parent seeks to have a court order for | ||
adoption, the following procedures shall apply: | ||
(1) In addition to the requirements set out in this Act | ||
in Section 5, a petition by a former parent to adopt filed | ||
by a former parent shall include the following allegations: | ||
(A) that his or her parental rights were previously | ||
terminated pursuant to Section 2-29 of the Juvenile | ||
Court Act of 1987; | ||
(B) the basis upon which his or her parental rights | ||
were terminated; | ||
(C) that the petitioner is able and willing to | ||
resume care, custody, and control of the minor; | ||
(D) that the adoptive parent of the minor is | ||
deceased and no standby guardian or standby adoptive | ||
parent has been appointed for the minor, and no | ||
guardian has been appointed by the adoptive parent for | ||
the minor through a will; or the adoptive parent is no | ||
longer able to provide care for the minor due to a | ||
mental or physical impairment and has consented to the | ||
petitioner's adoption of the minor in open court or by | ||
such means as is approved by the court; and | ||
(E) that it is in the best interests of the minor | ||
to be adopted by the petitioner and for the | ||
petitioner's parental rights to be reinstated. | ||
(2) A former parent shall not have standing to file a | ||
petition for adoption, where the minor is the subject of a | ||
pending petition filed under Article II of the Juvenile | ||
Court Act of 1987. If the minor named in the petition for | ||
adoption is not the subject of a pending petition filed | ||
under Article II of the Juvenile Court Act of 1987, a | ||
former parent shall have standing to file a petition for | ||
adoption only if: the adoptive parent is deceased and no | ||
standby guardian or standby adoptive parent has been | ||
appointed for the minor, and no guardian has been appointed | ||
by the adoptive parent for the minor through a will; or the | ||
adoptive parent is no longer able to provide care for the | ||
minor due to a mental or physical impairment and has | ||
consented to such adoption in open court or by such means | ||
as is approved by the court. | ||
(d) Interim order. Following presentment of a petition for | ||
adoption by a former parent concerning a child who was | ||
previously named in a petition filed under Article II of the | ||
Juvenile Court Act of 1987 the following procedures and | ||
safeguards shall be employed, in addition to the applicable | ||
requirements set out in this Act, and shall be included in the | ||
written interim order for the adoption by a former parent: | ||
(1) In determining the minor's best interests pursuant | ||
to Section 2-29 of the Juvenile Court Act of 1987 and this | ||
Act, the Court shall consider, in addition to the factors | ||
set forth in subsection 4.05 of Section 1-3 of the Juvenile | ||
Court Act of 1987, the reasons why the case was initially | ||
brought to the attention of the juvenile court and adoption | ||
proceedings were instituted, the history of the case as it | ||
relates to the former parent seeking adoption, and the | ||
current circumstances of the former parent for whom | ||
adoption is sought. | ||
(2) In any case involving a child who meets these | ||
criteria for adoption by a former parent, the Department of | ||
Children and Family Services shall be appointed as the | ||
investigator as outlined in Section 6 to conduct an | ||
investigation and report to the court (i) the facts and | ||
circumstances which raised concerns as to the petitioner's | ||
ability and willingness to provide adequate care and | ||
protection to children in his or her custody, (ii) an | ||
assessment of the petitioner's current ability and | ||
willingness to provide adequate care and protection for the | ||
child named in the petition, and (iii) any information | ||
which might reasonably raise a concern as to the child's | ||
safety, well being, or best interests should the court | ||
grant the petition to adopt by the former parent. | ||
(3) In selecting the minor's guardian ad litem, | ||
pursuant to subsection B of Section 13, whenever practical, | ||
the court shall give preference to the guardian ad litem | ||
who represented the minor in the juvenile court proceeding. | ||
The guardian ad litem shall have the right to review and | ||
copy all records, including juvenile court records | ||
relating to the petitioner, the minor, and the minor's | ||
siblings and half siblings. | ||
(4) The report of the investigator and the guardian ad | ||
litem shall be presented in writing to the court and shall | ||
serve as a basis for the order of court upon the petition | ||
for adoption by a former parent. | ||
(e) Order of adoption. | ||
(1) If it is proved to the satisfaction of the court | ||
that the adoption will be in the best interests of the | ||
minor, after such investigation as the court deems | ||
necessary, an order of adoption shall be entered. | ||
(2) An order of adoption shall be final as to all | ||
findings and shall be entered in writing. | ||
(3) Upon the entry of an order granting a petition to | ||
adopt by a former parent, all parental rights of the former | ||
parent named in the order shall be reinstated and the | ||
physical care, custody and control of the minor shall be | ||
reinstated to the former parent. | ||
(4) The order of adoption shall include an order to the | ||
Illinois Department of Public Health to issue a new birth | ||
certificate for the person who is the subject of the | ||
petition for adoption by a former parent.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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