[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Engrossed ] | [ Enrolled ] | [ Senate Amendment 001 ] |
91_HB2726
LRB9103037SMpr
1 AN ACT to amend the Adoption Act by changing Sections 1,
2 9, 10, 11, 13, and 14 and by adding Section 13.1.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Adoption Act is amended by changing
6 Sections 1, 9, 10, 11, 13, and 14 and by adding Section 13.1
7 as follows:
8 (750 ILCS 50/1) (from Ch. 40, par. 1501)
9 Sec. 1. Definitions. When used in this Act, unless the
10 context otherwise requires:
11 A. "Child" means a person under legal age subject to
12 adoption under this Act.
13 B. "Related child" means a child subject to adoption
14 where either or both of the adopting parents stands in any of
15 the following relationships to the child by blood or
16 marriage: parent, grand-parent, brother, sister, step-parent,
17 step-grandparent, step-brother, step-sister, uncle, aunt,
18 great-uncle, great-aunt, or cousin of first degree. A child
19 whose parent has executed a final irrevocable consent to
20 adoption or a final irrevocable surrender for purposes of
21 adoption, or whose parent has had his or her parental rights
22 terminated, is not a related child to that person, unless the
23 consent is determined to be void or is void pursuant to
24 subsection O of Section 10.
25 C. "Agency" for the purpose of this Act means a public
26 child welfare agency or a licensed child welfare agency.
27 D. "Unfit person" means any person whom the court shall
28 find to be unfit to have a child, without regard to the
29 likelihood that the child will be placed for adoption. The
30 grounds of unfitness are any one or more of the following:
31 (a) Abandonment of the child.
-2- LRB9103037SMpr
1 (a-1) Abandonment of a newborn infant in a
2 hospital.
3 (a-2) Abandonment of a newborn infant in any
4 setting where the evidence suggests that the parent
5 intended to relinquish his or her parental rights.
6 (b) Failure to maintain a reasonable degree of
7 interest, concern or responsibility as to the child's
8 welfare.
9 (c) Desertion of the child for more than 3 months
10 next preceding the commencement of the Adoption
11 proceeding.
12 (d) Substantial neglect of the child if continuous
13 or repeated.
14 (d-1) Substantial neglect, if continuous or
15 repeated, of any child residing in the household which
16 resulted in the death of that child.
17 (e) Extreme or repeated cruelty to the child.
18 (f) Two or more findings of physical abuse to any
19 children under Section 4-8 of the Juvenile Court Act or
20 Section 2-21 of the Juvenile Court Act of 1987, the most
21 recent of which was determined by the juvenile court
22 hearing the matter to be supported by clear and
23 convincing evidence; a criminal conviction or a finding
24 of not guilty by reason of insanity resulting from the
25 death of any child by physical child abuse; or a finding
26 of physical child abuse resulting from the death of any
27 child under Section 4-8 of the Juvenile Court Act or
28 Section 2-21 of the Juvenile Court Act of 1987.
29 (g) Failure to protect the child from conditions
30 within his environment injurious to the child's welfare.
31 (h) Other neglect of, or misconduct toward the
32 child; provided that in making a finding of unfitness the
33 court hearing the adoption proceeding shall not be bound
34 by any previous finding, order or judgment affecting or
-3- LRB9103037SMpr
1 determining the rights of the parents toward the child
2 sought to be adopted in any other proceeding except such
3 proceedings terminating parental rights as shall be had
4 under either this Act, the Juvenile Court Act or the
5 Juvenile Court Act of 1987.
6 (i) Depravity. Conviction of any one of the
7 following crimes shall create a presumption that a parent
8 is depraved which can be overcome only by clear and
9 convincing evidence: (1) first degree murder in violation
10 of paragraph 1 or 2 of subsection (a) of Section 9-1 of
11 the Criminal Code of 1961 or conviction of second degree
12 murder in violation of subsection (a) of Section 9-2 of
13 the Criminal Code of 1961 of a parent of the child to be
14 adopted; (2) first degree murder or second degree murder
15 of any child in violation of the Criminal Code of 1961;
16 (3) attempt or conspiracy to commit first degree murder
17 or second degree murder of any child in violation of the
18 Criminal Code of 1961; (4) solicitation to commit murder
19 of any child, solicitation to commit murder of any child
20 for hire, or solicitation to commit second degree murder
21 of any child in violation of the Criminal Code of 1961;
22 or (5) aggravated criminal sexual assault in violation of
23 Section 12-14(b)(1) of the Criminal Code of 1961.
24 There is a rebuttable presumption that a parent is
25 depraved if the parent has been criminally convicted of
26 at least 3 felonies under the laws of this State or any
27 other state, or under federal law, or the criminal laws
28 of any United States territory; and at least one of these
29 convictions took place within 5 years of the filing of
30 the petition or motion seeking termination of parental
31 rights.
32 There is a rebuttable presumption that a parent is
33 depraved if that parent has been criminally convicted of
34 either first or second degree murder of any person as
-4- LRB9103037SMpr
1 defined in the Criminal Code of 1961 within 10 years of
2 the filing date of the petition or motion to terminate
3 parental rights.
4 (j) Open and notorious adultery or fornication.
5 (j-1) (Blank).
6 (k) Habitual drunkenness or addiction to drugs,
7 other than those prescribed by a physician, for at least
8 one year immediately prior to the commencement of the
9 unfitness proceeding.
10 There is a rebuttable presumption that a parent is
11 unfit under this subsection with respect to any child to
12 which that parent gives birth where there is a confirmed
13 test result that at birth the child's blood, urine, or
14 meconium contained any amount of a controlled substance
15 as defined in subsection (f) of Section 102 of the
16 Illinois Controlled Substances Act or metabolites of such
17 substances, the presence of which in the newborn infant
18 was not the result of medical treatment administered to
19 the mother or the newborn infant; and the biological
20 mother of this child is the biological mother of at least
21 one other child who was adjudicated a neglected minor
22 under subsection (c) of Section 2-3 of the Juvenile Court
23 Act of 1987.
24 (l) Failure to demonstrate a reasonable degree of
25 interest, concern or responsibility as to the welfare of
26 a new born child during the first 30 days after its
27 birth.
28 (m) Failure by a parent to make reasonable efforts
29 to correct the conditions that were the basis for the
30 removal of the child from the parent, or to make
31 reasonable progress toward the return of the child to the
32 parent within 9 months after an adjudication of neglected
33 or abused minor under Section 2-3 of the Juvenile Court
34 Act of 1987 or dependent minor under Section 2-4 of that
-5- LRB9103037SMpr
1 Act. If a service plan has been established as required
2 under Section 8.2 of the Abused and Neglected Child
3 Reporting Act to correct the conditions that were the
4 basis for the removal of the child from the parent and if
5 those services were available, then, for purposes of this
6 Act, "failure to make reasonable progress toward the
7 return of the child to the parent" includes the parent's
8 failure to substantially fulfill his or her obligations
9 under the service plan and correct the conditions that
10 brought the child into care within 9 months after the
11 adjudication under Section 2-3 or 2-4 of the Juvenile
12 Court Act of 1987.
13 (m-1) Pursuant to the Juvenile Court Act of 1987, a
14 child has been in foster care for 15 months out of any 22
15 month period which begins on or after the effective date
16 of this amendatory Act of 1998 unless the child's parent
17 can prove by a preponderance of the evidence that it is
18 more likely than not that it will be in the best
19 interests of the child to be returned to the parent
20 within 6 months of the date on which a petition for
21 termination of parental rights is filed under the
22 Juvenile Court Act of 1987. The 15 month time limit is
23 tolled during any period for which there is a court
24 finding that the appointed custodian or guardian failed
25 to make reasonable efforts to reunify the child with his
26 or her family, provided that (i) the finding of no
27 reasonable efforts is made within 60 days of the period
28 when reasonable efforts were not made or (ii) the parent
29 filed a motion requesting a finding of no reasonable
30 efforts within 60 days of the period when reasonable
31 efforts were not made. For purposes of this subdivision
32 (m-1), the date of entering foster care is the earlier
33 of: (i) the date of a judicial finding at an adjudicatory
34 hearing that the child is an abused, neglected, or
-6- LRB9103037SMpr
1 dependent minor; or (ii) 60 days after the date on which
2 the child is removed from his or her parent, guardian, or
3 legal custodian.
4 (n) Evidence of intent to forgo forego his or her
5 parental rights, whether or not the child is a ward of
6 the court, (1) as manifested by his or her failure for a
7 period of 12 months: (i) to visit the child, (ii) to
8 communicate with the child or agency, although able to do
9 so and not prevented from doing so by an agency or by
10 court order, or (iii) to maintain contact with or plan
11 for the future of the child, although physically able to
12 do so, or (2) as manifested by the father's failure,
13 where he and the mother of the child were unmarried to
14 each other at the time of the child's birth, (i) to
15 commence legal proceedings to establish his paternity
16 under the Illinois Parentage Act of 1984 or the law of
17 the jurisdiction of the child's birth within 30 days of
18 being informed, pursuant to Section 12a of this Act, that
19 he is the father or the likely father of the child or,
20 after being so informed where the child is not yet born,
21 within 30 days of the child's birth, or (ii) to make a
22 good faith effort to pay a reasonable amount of the
23 expenses related to the birth of the child and to provide
24 a reasonable amount for the financial support of the
25 child, the court to consider in its determination all
26 relevant circumstances, including the financial condition
27 of both parents; provided that the ground for termination
28 provided in this subparagraph (n)(2)(ii) shall only be
29 available where the petition is brought by the mother or
30 the husband of the mother.
31 Contact or communication by a parent with his or her
32 child that does not demonstrate affection and concern
33 does not constitute reasonable contact and planning under
34 subdivision (n). In the absence of evidence to the
-7- LRB9103037SMpr
1 contrary, the ability to visit, communicate, maintain
2 contact, pay expenses and plan for the future shall be
3 presumed. The subjective intent of the parent, whether
4 expressed or otherwise, unsupported by evidence of the
5 foregoing parental acts manifesting that intent, shall
6 not preclude a determination that the parent has intended
7 to forgo forego his or her parental rights. In making
8 this determination, the court may consider but shall not
9 require a showing of diligent efforts by an authorized
10 agency to encourage the parent to perform the acts
11 specified in subdivision (n).
12 It shall be an affirmative defense to any allegation
13 under paragraph (2) of this subsection that the father's
14 failure was due to circumstances beyond his control or to
15 impediments created by the mother or any other person
16 having legal custody. Proof of that fact need only be by
17 a preponderance of the evidence.
18 (o) Repeated or continuous failure by the parents,
19 although physically and financially able, to provide the
20 child with adequate food, clothing, or shelter.
21 (p) Inability to discharge parental
22 responsibilities supported by competent evidence from a
23 psychiatrist, licensed clinical social worker, or
24 clinical psychologist of mental impairment, mental
25 illness or mental retardation as defined in Section 1-116
26 of the Mental Health and Developmental Disabilities Code,
27 or developmental disability as defined in Section 1-106
28 of that Code, and there is sufficient justification to
29 believe that the inability to discharge parental
30 responsibilities shall extend beyond a reasonable time
31 period. However, this subdivision (p) shall not be
32 construed so as to permit a licensed clinical social
33 worker to conduct any medical diagnosis to determine
34 mental illness or mental impairment.
-8- LRB9103037SMpr
1 (q) The parent has been criminally convicted of
2 aggravated battery, heinous battery, or attempted murder
3 of any child.
4 (r) The child is in the temporary custody or
5 guardianship of the Department of Children and Family
6 Services, the parent is incarcerated as a result of
7 criminal conviction at the time the petition or motion
8 for termination of parental rights is filed, prior to
9 incarceration the parent had little or no contact with
10 the child or provided little or no support for the child,
11 and the parent's incarceration will prevent the parent
12 from discharging his or her parental responsibilities for
13 the child for a period in excess of 2 years after the
14 filing of the petition or motion for termination of
15 parental rights.
16 (s) The child is in the temporary custody or
17 guardianship of the Department of Children and Family
18 Services, the parent is incarcerated at the time the
19 petition or motion for termination of parental rights is
20 filed, the parent has been repeatedly incarcerated as a
21 result of criminal convictions, and the parent's repeated
22 incarceration has prevented the parent from discharging
23 his or her parental responsibilities for the child.
24 (t) A finding that at birth the child's blood,
25 urine, or meconium contained any amount of a controlled
26 substance as defined in subsection (f) of Section 102 of
27 the Illinois Controlled Substances Act, or a metabolite
28 of a controlled substance, with the exception of
29 controlled substances or metabolites of such substances,
30 the presence of which in the newborn infant was the
31 result of medical treatment administered to the mother or
32 the newborn infant, and that the biological mother of
33 this child is the biological mother of at least one other
34 child who was adjudicated a neglected minor under
-9- LRB9103037SMpr
1 subsection (c) of Section 2-3 of the Juvenile Court Act
2 of 1987, after which the biological mother had the
3 opportunity to enroll in and participate in a clinically
4 appropriate substance abuse counseling, treatment, and
5 rehabilitation program.
6 E. "Parent" means the father or mother of a legitimate
7 or illegitimate child. For the purpose of this Act, a person
8 who has executed a final and irrevocable consent to adoption
9 or a final and irrevocable surrender for purposes of
10 adoption, or whose parental rights have been terminated by a
11 court, is not a parent of the child who was the subject of
12 the consent or surrender, unless the consent is void pursuant
13 to subsection O of Section 10.
14 F. A person is available for adoption when the person
15 is:
16 (a) a child who has been surrendered for adoption
17 to an agency and to whose adoption the agency has
18 thereafter consented;
19 (b) a child to whose adoption a person authorized
20 by law, other than his parents, has consented, or to
21 whose adoption no consent is required pursuant to Section
22 8 of this Act;
23 (c) a child who is in the custody of persons who
24 intend to adopt him through placement made by his
25 parents;
26 (c-1) a child for whom a parent has signed a
27 specific consent pursuant to subsection O of Section 10;
28 or
29 (d) an adult who meets the conditions set forth in
30 Section 3 of this Act.
31 A person who would otherwise be available for adoption
32 shall not be deemed unavailable for adoption solely by reason
33 of his or her death.
34 G. The singular includes the plural and the plural
-10- LRB9103037SMpr
1 includes the singular and the "male" includes the "female",
2 as the context of this Act may require.
3 H. "Adoption disruption" occurs when an adoptive
4 placement does not prove successful and it becomes necessary
5 for the child to be removed from placement before the
6 adoption is finalized.
7 I. "Foreign placing agency" is an agency or individual
8 operating in a country or territory outside the United States
9 that is authorized by its country to place children for
10 adoption either directly with families in the United States
11 or through United States based international agencies.
12 J. "Immediate relatives" means the biological parents,
13 the parents of the biological parents and siblings of the
14 biological parents.
15 K. "Intercountry adoption" is a process by which a child
16 from a country other than the United States is adopted.
17 L. "Intercountry Adoption Coordinator" is a staff person
18 of the Department of Children and Family Services appointed
19 by the Director to coordinate the provision of services by
20 the public and private sector to prospective parents of
21 foreign-born children.
22 M. "Interstate Compact on the Placement of Children" is
23 a law enacted by most states for the purpose of establishing
24 uniform procedures for handling the interstate placement of
25 children in foster homes, adoptive homes, or other child care
26 facilities.
27 N. "Non-Compact state" means a state that has not
28 enacted the Interstate Compact on the Placement of Children.
29 O. "Preadoption requirements" are any conditions
30 established by the laws or regulations of the Federal
31 Government or of each state that must be met prior to the
32 placement of a child in an adoptive home.
33 P. "Abused child" means a child whose parent or
34 immediate family member, or any person responsible for the
-11- LRB9103037SMpr
1 child's welfare, or any individual residing in the same home
2 as the child, or a paramour of the child's parent:
3 (a) inflicts, causes to be inflicted, or allows to
4 be inflicted upon the child physical injury, by other
5 than accidental means, that causes death, disfigurement,
6 impairment of physical or emotional health, or loss or
7 impairment of any bodily function;
8 (b) creates a substantial risk of physical injury
9 to the child by other than accidental means which would
10 be likely to cause death, disfigurement, impairment of
11 physical or emotional health, or loss or impairment of
12 any bodily function;
13 (c) commits or allows to be committed any sex
14 offense against the child, as sex offenses are defined in
15 the Criminal Code of 1961 and extending those definitions
16 of sex offenses to include children under 18 years of
17 age;
18 (d) commits or allows to be committed an act or
19 acts of torture upon the child; or
20 (e) inflicts excessive corporal punishment.
21 Q. "Neglected child" means any child whose parent or
22 other person responsible for the child's welfare withholds or
23 denies nourishment or medically indicated treatment including
24 food or care denied solely on the basis of the present or
25 anticipated mental or physical impairment as determined by a
26 physician acting alone or in consultation with other
27 physicians or otherwise does not provide the proper or
28 necessary support, education as required by law, or medical
29 or other remedial care recognized under State law as
30 necessary for a child's well-being, or other care necessary
31 for his or her well-being, including adequate food, clothing
32 and shelter; or who is abandoned by his or her parents or
33 other person responsible for the child's welfare.
34 A child shall not be considered neglected or abused for
-12- LRB9103037SMpr
1 the sole reason that the child's parent or other person
2 responsible for his or her welfare depends upon spiritual
3 means through prayer alone for the treatment or cure of
4 disease or remedial care as provided under Section 4 of the
5 Abused and Neglected Child Reporting Act.
6 R. "Putative father" means a man who may be a child's
7 father, but who (1) is not married to the child's mother on
8 or before the date that the child was or is to be born and
9 (2) has not established paternity of the child in a court
10 proceeding before the filing of a petition for the adoption
11 of the child. The term includes a male who is less than 18
12 years of age. "Putative father" does not mean a man who is
13 the child's father as a result of criminal sexual abuse or
14 assault as defined under Article 12 of the Criminal Code of
15 1961.
16 S. "Standby adoption" means an adoption in which a
17 terminally ill parent consents to custody and termination of
18 parental rights to become effective upon the occurrence of a
19 future event, which is either the death of that terminally
20 ill parent or the request of that parent for the entry of a
21 final judgment of adoption.
22 T. "Terminally ill parent" means a person who has a
23 medical prognosis by a physician licensed to practice
24 medicine in all of its branches that the person has an
25 incurable and irreversible condition which will lead to
26 death.
27 (Source: P.A. 89-235, eff. 8-4-95; 89-704, eff. 8-16-97
28 (changed from 1-1-98 by P.A. 90-443); 90-13, eff. 6-13-97;
29 90-15, eff. 6-13-97; 90-27, eff. 1-1-98 except subdiv. (D)(m)
30 eff. 6-25-97; 90-28, eff. 1-1-98 except subdiv. (D)(m) eff.
31 6-25-97; 90-443, eff. 8-16-97; 90-608, eff. 6-30-98; 90-655,
32 eff. 7-30-98; revised 10-31-98.)
33 (750 ILCS 50/9) (from Ch. 40, par. 1511)
-13- LRB9103037SMpr
1 Sec. 9. Time for taking a consent or surrender.
2 A. A consent or a surrender taken not less than 72 hours
3 after the birth of the child is irrevocable except as
4 provided in Section 11 of this Act.
5 B. No consent or surrender shall be taken within the 72
6 hour period immediately following the birth of the child.
7 C. A consent or a surrender may be taken from the father
8 prior to the birth of the child. Such consent or surrender
9 shall be revoked if, within 72 hours after the birth of the
10 child, the father who gave such consent or surrender,
11 notifies in writing the person, agency or court
12 representative who took the surrender or consent or any
13 individual representing or connected with such person, agency
14 or court representative of the revocation of the consent or
15 surrender.
16 D. Any consent or surrender taken in accordance with
17 paragraph C above which is not revoked within 72 hours after
18 the birth of the child is irrevocable except as provided in
19 Section 11 of this Act.
20 E. Consent may be given to a standby adoption by a
21 terminally ill parent whose consent is required pursuant to
22 Section 8 of this Act to become effective when the terminally
23 ill parent of the child dies or that parent requests that the
24 final judgment of adoption be entered.
25 (Source: P.A. 78-854.)
26 (750 ILCS 50/10) (from Ch. 40, par. 1512)
27 Sec. 10. Forms of consent and surrender; execution and
28 acknowledgment thereof.
29 A. The form of consent required for the adoption of a
30 born child shall be substantially as follows:
31 FINAL AND IRREVOCABLE CONSENT TO ADOPTION
32 I, ...., (relationship, e.g., mother, father, relative,
33 guardian) of ...., a ..male child, state:
-14- LRB9103037SMpr
1 That such child was born on .... at ....
2 That I reside at ...., County of .... and State of ....
3 That I am of the age of .... years.
4 That I hereby enter my appearance in this proceeding and
5 waive service of summons on me.
6 That I do hereby consent and agree to the adoption of
7 such child.
8 That I wish to and understand that by signing this
9 consent I do irrevocably and permanently give up all custody
10 and other parental rights I have to such child.
11 That I understand such child will be placed for adoption
12 and that I cannot under any circumstances, after signing this
13 document, change my mind and revoke or cancel this consent or
14 obtain or recover custody or any other rights over such
15 child. That I have read and understand the above and I am
16 signing it as my free and voluntary act.
17 Dated (insert date).
18 this .... day of ...., 19....
19 .........................
20 If under Section 8 the consent of more than one person is
21 required, then each such person shall execute a separate
22 consent.
23 B. The form of consent required for the adoption of an
24 unborn child shall be substantially as follows:
25 CONSENT TO ADOPTION OF UNBORN CHILD
26 I, ...., state:
27 That I am the father of a child expected to be born on or
28 about .... to .... (name of mother).
29 That I reside at .... County of ...., and State of .....
30 That I am of the age of .... years.
31 That I hereby enter my appearance in such adoption
32 proceeding and waive service of summons on me.
33 That I do hereby consent and agree to the adoption of
34 such child, and that I have not previously executed a consent
-15- LRB9103037SMpr
1 or surrender with respect to such child.
2 That I wish to and do understand that by signing this
3 consent I do irrevocably and permanently give up all custody
4 and other parental rights I have to such child, except that I
5 have the right to revoke this consent by giving written
6 notice of my revocation not later than 72 hours after the
7 birth of the child.
8 That I understand such child will be placed for adoption
9 and that, except as hereinabove provided, I cannot under any
10 circumstances, after signing this document, change my mind
11 and revoke or cancel this consent or obtain or recover
12 custody or any other rights over such child.
13 That I have read and understand the above and I am
14 signing it as my free and voluntary act.
15 Dated (insert date). this .... day of ...., 19...
16 ........................
17 B-5. The form of consent required for the standby
18 adoption of a born child effective at a future date when the
19 terminally ill parent of the child dies or requests that a
20 final judgment of adoption be entered:
21 FINAL AND IRREVOCABLE CONSENT TO ADOPTION
22 (Standby Adoption)
23 I, ..., (relationship, e.g. mother, father, relative,
24 guardian) of ...., a ..male child, state:
25 That the child was born on .... at .....
26 That I reside at ...., County of ...., and State of .....
27 That I am of the age of .... years.
28 That I hereby enter my appearance in this proceeding and
29 waive service of summons on me.
30 That I do hereby consent and entrust the entire custody
31 of the child to .... (chosen adoptive parent(s)) for the
32 purpose of adoption.
33 That I wish to and understand that by signing this
34 consent I do irrevocably and permanently give up all custody
-16- LRB9103037SMpr
1 and other parental rights I have to the child, effective upon
2 my death or upon my request for the entry of a final judgment
3 of adoption.
4 That I understand that until I die, I retain all legal
5 rights and obligations concerning the child, but at that
6 time, I irrevocably give all custody and other parental
7 rights to .... (chosen adoptive parent(s)).
8 That I have read and understand the above and I am
9 signing it as my free and voluntary act.
10 Dated (insert date).
11 ....................
12 If under Section 8 the consent of more than one person is
13 required, then each such person shall execute a separate
14 consent. A separate consent shall be executed for each
15 child.
16 C. The form of surrender to any agency given by a parent
17 of a born child who is to be subsequently placed for adoption
18 shall be substantially as follows and shall contain such
19 other facts and statements as the particular agency shall
20 require.
21 FINAL AND IRREVOCABLE SURRENDER
22 FOR PURPOSES OF ADOPTION
23 I, .... (relationship, e.g., mother, father, relative,
24 guardian) of ...., a ..male child, state:
25 That such child was born on ...., at .....
26 That I reside at ...., County of ...., and State of .....
27 That I am of the age of .... years.
28 That I do hereby surrender and entrust the entire custody
29 and control of such child to the .... (the "Agency"), a
30 (public) (licensed) child welfare agency with its principal
31 office in the City of ...., County of .... and State of ....,
32 for the purpose of enabling it to care for and supervise the
33 care of such child, to place such child for adoption and to
34 consent to the legal adoption of such child.
-17- LRB9103037SMpr
1 That I hereby grant to the Agency full power and
2 authority to place such child with any person or persons it
3 may in its sole discretion select to become the adopting
4 parent or parents and to consent to the legal adoption of
5 such child by such person or persons; and to take any and all
6 measures which, in the judgment of the Agency, may be for the
7 best interests of such child, including authorizing medical,
8 surgical and dental care and treatment including inoculation
9 and anaesthesia for such child.
10 That I wish to and understand that by signing this
11 surrender I do irrevocably and permanently give up all
12 custody and other parental rights I have to such child.
13 That I understand I cannot under any circumstances, after
14 signing this surrender, change my mind and revoke or cancel
15 this surrender or obtain or recover custody or any other
16 rights over such child.
17 That I have read and understand the above and I am
18 signing it as my free and voluntary act.
19 Dated (insert date). this .... day of ...., 19...
20 ........................
21 D. The form of surrender to an agency given by a parent
22 of an unborn child who is to be subsequently placed for
23 adoption shall be substantially as follows and shall contain
24 such other facts and statements as the particular agency
25 shall require.
26 SURRENDER OF UNBORN CHILD FOR
27 PURPOSES OF ADOPTION
28 I, .... (father), state:
29 That I am the father of a child expected to be born on or
30 about .... to .... (name of mother).
31 That I reside at ...., County of ...., and State of .....
32 That I am of the age of .... years.
33 That I do hereby surrender and entrust the entire custody
34 and control of such child to the .... (the "Agency"), a
-18- LRB9103037SMpr
1 (public) (licensed) child welfare agency with its principal
2 office in the City of ...., County of .... and State of ....,
3 for the purpose of enabling it to care for and supervise the
4 care of such child, to place such child for adoption and to
5 consent to the legal adoption of such child, and that I have
6 not previously executed a consent or surrender with respect
7 to such child.
8 That I hereby grant to the Agency full power and
9 authority to place such child with any person or persons it
10 may in its sole discretion select to become the adopting
11 parent or parents and to consent to the legal adoption of
12 such child by such person or persons; and to take any and all
13 measures which, in the judgment of the Agency, may be for the
14 best interests of such child, including authorizing medical,
15 surgical and dental care and treatment, including inoculation
16 and anaesthesia for such child.
17 That I wish to and understand that by signing this
18 surrender I do irrevocably and permanently give up all
19 custody and other parental rights I have to such child.
20 That I understand I cannot under any circumstances, after
21 signing this surrender, change my mind and revoke or cancel
22 this surrender or obtain or recover custody or any other
23 rights over such child, except that I have the right to
24 revoke this surrender by giving written notice of my
25 revocation not later than 72 hours after the birth of such
26 child.
27 That I have read and understand the above and I am
28 signing it as my free and voluntary act.
29 Dated (insert date). this .... day of ...., 19...
30 ........................
31 D-5. The form of consent required for the standby
32 adoption of an unborn child shall be substantially as
33 follows:
34 CONSENT TO A STANDBY ADOPTION OF AN UNBORN CHILD
-19- LRB9103037SMpr
1 I, ...., state:
2 That I am the father of a child expected to be born on or
3 about .... to .... (name of mother).
4 That I reside at ...., County of ...., and State .....
5 That I am of the age of ..... years.
6 That I hereby enter my appearance in the adoption
7 proceeding and waive service of summons on me.
8 That I do hereby consent and agree to the standby
9 adoption of the child, and that I have not previously
10 executed a consent or surrender with respect to the child.
11 That I wish to and do understand that by signing this consent
12 I do irrevocably and permanently give up all custody and
13 other parental rights I have to the child, to become
14 effective upon my death or when I consent to the termination
15 of my parental rights. That I understand the child will be
16 adopted by .... (chosen adoptive parent(s)) and that, except
17 as herein provided I irrevocably give up all custody and
18 other parental rights to .... (chosen adoptive parent(s)).
19 That I have read and understand the above and I am
20 signing it as my free and voluntary act.
21 Dated (insert date).
22 E. The form of consent required from the parents for the
23 adoption of an adult, when such adult elects to obtain such
24 consent, shall be substantially as follows:
25 CONSENT
26 I, ...., (father) (mother) of ...., an adult, state:
27 That I reside at ...., County of .... and State of .....
28 That I do hereby consent and agree to the adoption of
29 such adult by .... and .....
30 Dated (insert date). this .... day of .......... 19
31 .........................
32 F. The form of consent required for the adoption of a
33 child of the age of 14 years or upwards, or of an adult, to
34 be given by such person, shall be substantially as follows:
-20- LRB9103037SMpr
1 CONSENT
2 I, ...., state:
3 That I reside at ...., County of .... and State of .....
4 That I am of the age of .... years. That I consent and agree
5 to my adoption by .... and .....
6 Dated (insert date). this .... day of ......., 19...
7 ........................
8 G. The form of consent given by an agency to the
9 adoption by specified persons of a child previously
10 surrendered to it shall set forth that the agency has the
11 authority to execute such consent. The form of consent given
12 by a guardian of the person of a child sought to be adopted,
13 appointed by a court of competent jurisdiction, shall set
14 forth the facts of such appointment and the authority of the
15 guardian to execute such consent.
16 H. A consent (other than that given by an agency, or
17 guardian of the person of the child sought to be adopted
18 appointed by a court of competent jurisdiction) shall be
19 acknowledged by a parent before the presiding judge of the
20 court in which the petition for adoption has been, or is to
21 be filed or before any other judge or hearing officer
22 designated or subsequently approved by the court, or the
23 circuit clerk if so authorized by the presiding judge or,
24 except as otherwise provided in this Act, before a
25 representative of the Department of Children and Family
26 Services or a licensed child welfare agency, or before social
27 service personnel under the jurisdiction of a court of
28 competent jurisdiction, or before social service personnel of
29 the Cook County Department of Supportive Services designated
30 by the presiding judge.
31 I. A surrender, or any other document equivalent to a
32 surrender, by which a child is surrendered to an agency shall
33 be acknowledged by the person signing such surrender, or
34 other document, before a judge or hearing officer or the
-21- LRB9103037SMpr
1 clerk of any court of record, either in this State or any
2 other state of the United States, or before a representative
3 of an agency or before any other person designated or
4 approved by the presiding judge of the court in which the
5 petition for adoption has been, or is to be, filed.
6 J. The form of the certificate of acknowledgment for a
7 consent, a surrender, or any other document equivalent to a
8 surrender, shall be substantially as follows:
9 STATE OF ....)
10 ) SS.
11 COUNTY OF ...)
12 I, .... (Name of judge or other person), .... (official
13 title, name and location of court or status or position of
14 other person), certify that ...., personally known to me to
15 be the same person whose name is subscribed to the foregoing
16 (consent) (surrender), appeared before me this day in person
17 and acknowledged that (she) (he) signed and delivered such
18 (consent) (surrender) as (her) (his) free and voluntary act,
19 for the specified purpose.
20 I have fully explained that by signing such (consent)
21 (surrender) (she) (he) is irrevocably relinquishing all
22 parental rights to such child or adult and (she) (he) has
23 stated that such is (her) (his) intention and desire.
24 Dated (insert date). 19
25 Signature ...............
26 K. When the execution of a consent or a surrender is
27 acknowledged before someone other than a judge or the clerk
28 of a court of record, such other person shall have his
29 signature on the certificate acknowledged before a notary
30 public, in form substantially as follows:
31 STATE OF ....)
32 ) SS.
33 COUNTY OF ...)
34 I, a Notary Public, in and for the County of ......, in
-22- LRB9103037SMpr
1 the State of ......, certify that ...., personally known to
2 me to be the same person whose name is subscribed to the
3 foregoing certificate of acknowledgment, appeared before me
4 in person and acknowledged that (she) (he) signed such
5 certificate as (her) (his) free and voluntary act and that
6 the statements made in the certificate are true.
7 Dated (insert date). ......... 19...
8 Signature ...................... Notary Public
9 (official seal)
10 There shall be attached a certificate of magistracy, or
11 other comparable proof of office of the notary public
12 satisfactory to the court, to a consent signed and
13 acknowledged in another state.
14 L. A surrender or consent executed and acknowledged
15 outside of this State, either in accordance with the law of
16 this State or in accordance with the law of the place where
17 executed, is valid.
18 M. Where a consent or a surrender is signed in a foreign
19 country, the execution of such consent shall be acknowledged
20 or affirmed in a manner conformable to the law and procedure
21 of such country.
22 N. If the person signing a consent or surrender is in
23 the military service of the United States, the execution of
24 such consent or surrender may be acknowledged before a
25 commissioned officer and the signature of such officer on
26 such certificate shall be verified or acknowledged before a
27 notary public or by such other procedure as is then in effect
28 for such division or branch of the armed forces.
29 O. (1) The parent or parents of a child in whose
30 interests a petition under Section 2-13 of the Juvenile Court
31 Act of 1987 is pending may, with the approval of the
32 designated representative of the Department of Children and
33 Family Services, execute a consent to adoption by a specified
34 person or persons:
-23- LRB9103037SMpr
1 (a) in whose physical custody the child has resided
2 for at least one year; or
3 (b) in whose physical custody at least one sibling
4 of the child who is the subject of this consent has
5 resided for at least one year, and the child who is the
6 subject of this consent is currently residing in this
7 foster home; or
8 (c) in whose physical custody a child under one
9 year of age has resided for at least 3 months.
10 A consent under this subsection O shall be acknowledged by a
11 parent pursuant to subsection H and subsection K of this
12 Section.
13 (2) The consent to adoption by a specified person or
14 persons shall have the caption of the proceeding in which it
15 is to be filed and shall be substantially as follows:
16 FINAL AND IRREVOCABLE CONSENT TO ADOPTION BY
17 A SPECIFIED PERSON OR PERSONS
18 I, ......................................, the
19 .................. (mother or father) of a ....male child,
20 state:
21 1. My child ............................ (name of
22 child) was born on (insert date) ............, ...... at
23 .................... Hospital in ................ County,
24 State of .............. .
25 2. I reside at ......................, County of
26 ............. and State of ............. .
27 3. I, ..........................., am .... years
28 old.
29 4. I enter my appearance in this action to adopt my
30 child by the person or persons specified herein by me and
31 waive service of summons on me in this action only.
32 5. I consent to the adoption of my child by
33 ............................. (specified person or
34 persons) only.
-24- LRB9103037SMpr
1 6. I wish to sign this consent and I understand
2 that by signing this consent I irrevocably and
3 permanently give up all parental rights I have to my
4 child if my child is adopted by
5 ............................. (specified person or
6 persons).
7 7. I understand my child will be adopted by
8 ............................. (specified person or
9 persons) only and that I cannot under any circumstances,
10 after signing this document, change my mind and revoke or
11 cancel this consent or obtain or recover custody or any
12 other rights over my child if
13 ............................ (specified person or
14 persons) adopt my child.
15 8. I understand that this consent to adoption is
16 valid only if the petition to adopt is filed within one
17 year from the date that I sign it and that if
18 ....................... (specified person or persons),
19 for any reason, cannot or will not file a petition to
20 adopt my child within that one year period or if their
21 adoption petition is denied, then this consent will be
22 void. I have the right to notice of any other proceeding
23 that could affect my parental rights, except for the
24 proceeding for ............. (specified person or
25 persons) to adopt my child.
26 9. I have read and understand the above and I am
27 signing it as my free and voluntary act.
28 Dated (insert date). this ..... day of .....,
29 .......
30 .............................................
31 Signature of parent
32 (3) If the parent consents to an adoption by 2 specified
33 persons, then the form shall contain 2 additional paragraphs
34 in substantially the following form:
-25- LRB9103037SMpr
1 10. If ............... (specified persons) get a
2 divorce before the petition to adopt my child is granted,
3 then .......... (specified person) shall adopt my child.
4 I understand that I cannot change my mind and revoke this
5 consent or obtain or recover custody over my child if
6 ............. (specified persons) divorce and
7 ............. (specified person) adopts my child. I
8 understand that I cannot change my mind and revoke this
9 consent or obtain or recover custody over my child if
10 ................. (specified persons) divorce after the
11 adoption is final. I understand that this consent to
12 adoption has no effect on who will get custody of my
13 child if they divorce after the adoption is final.
14 11. I understand that if either ...............
15 (specified persons) dies before the petition to adopt my
16 child is granted, then the surviving person can adopt my
17 child. I understand that I cannot change my mind and
18 revoke this consent or obtain or recover custody over my
19 child if the surviving person adopts my child.
20 A consent to adoption by specified persons on this form
21 shall have no effect on a court's determination of custody or
22 visitation under the Illinois Marriage and Dissolution of
23 Marriage Act if the marriage of the specified persons is
24 dissolved after the adoption is final.
25 (4) The form of the certificate of acknowledgement for a
26 Final and Irrevocable Consent for Adoption by a Specified
27 Person or Persons shall be substantially as follows:
28 STATE OF..............)
29 ) SS.
30 COUNTY OF.............)
31 I, .................... (Name of Judge or other person),
32 ..................... (official title, name, and address),
33 certify that ............., personally known to me to be the
-26- LRB9103037SMpr
1 same person whose name is subscribed to the foregoing Final
2 and Irrevocable Consent for Adoption by a Specified Person or
3 Persons, appeared before me this day in person and
4 acknowledged that (she)(he) signed and delivered the consent
5 as (her)(his) free and voluntary act, for the specified
6 purpose.
7 I have fully explained that this consent to adoption is
8 valid only if the petition to adopt is filed within one year
9 from the date that it is signed, and that if the specified
10 person or persons, for any reason, cannot or will not adopt
11 the child or if the adoption petition is denied, then this
12 consent will be void. I have fully explained that if the
13 specified person or persons adopt the child, by signing this
14 consent (she)(he) is irrevocably and permanently
15 relinquishing all parental rights to the child, and (she)(he)
16 has stated that such is (her)(his) intention and desire.
17 Dated (insert date). ............., ........
18 ...............................
19 Signature
20 (5) If a consent to adoption by a specified person or
21 persons is executed in this form, the following provisions
22 shall apply. The consent shall be valid only if that
23 specified person or persons adopt the child. The consent
24 shall be void if:
25 (a) the specified person or persons do not file a
26 petition to adopt the child within one year after the
27 consent is signed; or
28 (b) a court denies the adoption petition; or
29 (c) the Department of Children and Family Services
30 Guardianship Administrator determines that the specified
31 person or persons will not or cannot complete the
32 adoption, or in the best interests of the child should
33 not adopt the child.
34 Within 30 days of the consent becoming void, the
-27- LRB9103037SMpr
1 Department of Children and Family Services Guardianship
2 Administrator shall make good faith attempts to notify the
3 parent in writing and shall give written notice to the court
4 and all additional parties in writing that the adoption has
5 not occurred or will not occur and that the consent is void.
6 If the adoption by a specified person or persons does not
7 occur, no proceeding for termination of parental rights shall
8 be brought unless the biological parent who executed the
9 consent to adoption by a specified person or persons has been
10 notified of the proceeding pursuant to Section 7 of this Act
11 or subsection (4) of Section 2-13 of the Juvenile Court Act
12 of 1987. The parent shall not need to take further action to
13 revoke the consent if the specified adoption does not occur,
14 notwithstanding the provisions of Section 11 of this Act.
15 (6) The Department of Children and Family Services is
16 authorized to promulgate rules necessary to implement this
17 subsection O.
18 (7) The Department shall collect and maintain data
19 concerning the efficacy of specific consents. This data
20 shall include the number of specific consents executed and
21 their outcomes, including but not limited to the number of
22 children adopted pursuant to the consents, the number of
23 children for whom adoptions are not completed, and the reason
24 or reasons why the adoptions are not completed.
25 (Source: P.A. 89-704, eff. 8-16-97 (changed from 1-1-98 by
26 P.A. 90-443); 90-608, eff. 6-30-98; 90-655, eff. 7-30-98;
27 revised 10-20-98.)
28 (750 ILCS 50/11) (from Ch. 40, par. 1513)
29 Sec. 11. Consents, surrenders, irrevocability.
30 (a) A consent to adoption or standby adoption by a
31 parent, including a minor, executed and acknowledged in
32 accordance with the provisions of Section 8 of this Act, or a
33 surrender of a child by a parent, including a minor, to an
-28- LRB9103037SMpr
1 agency for the purpose of adoption shall be irrevocable
2 unless it shall have been obtained by fraud or duress on the
3 part of the person before whom such consent, surrender, or
4 other document equivalent to a surrender is acknowledged
5 pursuant to the provisions of Section 10 of this Act or on
6 the part of the adopting parents or their agents and a court
7 of competent jurisdiction shall so find. No action to void
8 or revoke a consent to or surrender for adoption, including
9 an action based on fraud or duress, may be commenced after 12
10 months from the date the consent or surrender was executed.
11 The consent or surrender of a parent who is a minor shall not
12 be voidable because of such minority. The foregoing
13 limitations shall not apply to revocation of a consent in a
14 standby adoption on the grounds that the person or persons to
15 whom consent was granted do not adopt the child.
16 (b) The petitioners in an adoption proceeding are
17 entitled to rely upon a sworn statement of the biological
18 mother of the child to be adopted identifying the father of
19 her child. The affidavit shall be conclusive evidence as to
20 the biological mother regarding the facts stated therein, and
21 shall create a rebuttable presumption of truth as to the
22 biological father only. Except as provided in Section 11 of
23 this Act, the biological mother of the child shall be
24 permanently barred from attacking the proceeding thereafter.
25 The biological mother shall execute such affidavit in writing
26 and under oath. The affidavit shall be executed by the
27 biological mother before or at the time of execution of the
28 consent or surrender, and shall be retained by the court and
29 be a part of the Court's files. The form of affidavit shall
30 be substantially as follows:
31 AFFIDAVIT OF IDENTIFICATION
32 I, ................., the mother of a (male or female)
33 child, state under oath or affirm as follows:
34 (1) That the child was born, or is expected to be born,
-29- LRB9103037SMpr
1 on (insert date), the ... day of ..........., 199.., at
2 ......................., in the State of ...................
3 (2) That I reside at .................., in the City or
4 Village of ..........., State of ...................
5 (3) That I am of the age of ....... years.
6 (4) That I acknowledge that I have been asked to
7 identify the father of my child.
8 (5) (CHECK ONE)
9 .... I know and am identifying the biological father.
10 .... I do not know the identity of the biological father.
11 .... I am unwilling to identify the biological father.
12 (6A) If I know and am identifying the father:
13 That the name of the biological father is
14 ....................; his last known home address is
15 ............; his last known work address is
16 ....................; and he is ..... years of age; or he is
17 deceased, having died on (insert date) the ...... day of
18 ............, 19...., at .............., in the State of
19 ..................
20 (6B) If I do not know the identity of the biological
21 father:
22 I do not know who the biological father is; the following
23 is an explanation of why I am unable to identify him:
24 .............................................................
25 .............................................................
26 .............................................................
27 (6C) If I am unwilling to identify the biological
28 father:
29 I do not wish to name the biological father of the child
30 for the following reasons:
31 .............................................................
32 .............................................................
33 .............................................................
34 (7) The physical description of the biological father
-30- LRB9103037SMpr
1 is: .........................................................
2 .............................................................
3 .............................................................
4 (8) I reaffirm that the information contained in
5 paragraphs 5, 6, and 7, inclusive, is true and correct.
6 (9) I have been informed and understand that if I am
7 unwilling, refuse to identify, or misidentify the biological
8 father of the child, absent fraud or duress, I am permanently
9 barred from attacking the proceedings for the adoption of the
10 child at any time after I sign a final and irrevocable
11 consent to adoption or surrender for purposes of adoption.
12 (10) I have read this Affidavit and have had the
13 opportunity to review and question it; it was explained to me
14 by ............................; and I am signing it as my
15 free and voluntary act and understand the contents and the
16 results of signing it.
17 Dated (insert date). this... day of ...................,
18 199...
19 ...................................
20 Signature
21 Under penalties as provided by law under Section 1-109 of
22 the Code of Civil Procedure, the undersigned certifies that
23 the statements set forth in this Affidavit are true and
24 correct.
25 ...................................
26 Signature
27 (Source: P.A. 88-550, eff. 7-3-94; 89-315, eff. 1-1-96;
28 revised 10-20-98.)
29 (750 ILCS 50/13) (from Ch. 40, par. 1516)
30 Sec. 13. Interim order. As soon as practicable after the
31 filing of a petition for adoption the court shall hold a
32 hearing for the following purposes:
33 A. In other than an adoption of a related child or an
-31- LRB9103037SMpr
1 adoption through an agency, or of an adult:
2 (a) To determine the validity of the consent,
3 provided that the execution of a consent pursuant to this
4 Act shall be prima facie evidence of its validity, and
5 provided that the validity of a consent shall not be
6 affected by the omission therefrom of the names of the
7 petitioners or adopting parents at the time the consent
8 is executed or acknowledged, and further provided that
9 the execution of a consent prior to the filing of a
10 petition for adoption shall not affect its validity.
11 (b) To determine whether there is available
12 suitable temporary custodial care for a child sought to
13 be adopted, except in the case of standby adoption.
14 B. In all cases except standby adoptions:
15 (a) The court shall appoint some licensed attorney
16 other than the State's attorney acting in his or her
17 official capacity as guardian ad litem to represent a
18 child sought to be adopted. Such guardian ad litem shall
19 have power to consent to the adoption of the child, if
20 such consent is required.
21 (b) The court shall appoint a guardian ad litem for
22 all named minors or defendants who are persons under
23 legal disability, if any.
24 (c) If the petition alleges a person to be unfit
25 pursuant to the provisions of subparagraph (p) of
26 paragraph D of Section 1 of this Act, such person shall
27 be represented by counsel. If such person is indigent or
28 an appearance has not been entered on his behalf at the
29 time the matter is set for hearing, the court shall
30 appoint as counsel for him either the Guardianship and
31 Advocacy Commission, the public defender, or, only if no
32 attorney from the Guardianship and Advocacy Commission or
33 the public defender is available, an attorney licensed to
34 practice law in this State.
-32- LRB9103037SMpr
1 (d) If it is proved to the satisfaction of the
2 court, after such investigation as the court deems
3 necessary, that termination of parental rights and
4 temporary commitment of the child to an agency or to a
5 person deemed competent by the court, including
6 petitioners, will be for the welfare of the child, the
7 court may order the child to be so committed and may
8 terminate the parental rights of the parents and declare
9 the child a ward of the court or, if it is not so proved,
10 the court may enter such other order as it shall deem
11 necessary and advisable.
12 (e) Before an interim custody order is granted
13 under this Section, service of summons shall be had upon
14 the parent or parents whose rights have not been
15 terminated, except as provided in subsection (f).
16 Reasonable notice and opportunity to be heard shall be
17 given to the parent or parents after service of summons
18 when the address of the parent or parents is available.
19 The party seeking an interim custody order shall make all
20 reasonable efforts to locate the parent or parents of the
21 child or children they are seeking to adopt and to notify
22 the parent or parents of the party's request for an
23 interim custody order pursuant to this Section.
24 (f) An interim custody order may be granted without
25 notice upon presentation to the court of a written
26 petition, accompanied by an affidavit, stating that there
27 is an immediate danger to the child and that irreparable
28 harm will result to the child if notice is given to the
29 parent or parents or legal guardian. Upon making a
30 finding that there is an immediate danger to the child if
31 service of process is had upon and notice of hearing is
32 given to the parent or parents or legal guardian prior to
33 the entry of an order granting temporary custody to
34 someone other than a parent or legal guardian, the court
-33- LRB9103037SMpr
1 may enter an order of temporary custody which shall
2 expire not more than 10 days after its entry. Every ex
3 parte custody order granted without notice shall state
4 the injury which the court sought to avoid by granting
5 the order, the irreparable injury that would have
6 occurred had notice been given, and the reason the order
7 was granted without notice. The matter shall be set down
8 for full hearing before the expiration of the ex parte
9 order and will be heard after service of summons is had
10 upon and notice of hearing is given to the parent or
11 parents or legal guardian. At the hearing the burden of
12 proof shall be upon the party seeking to extend the
13 interim custody order to show that the order was properly
14 granted without notice and that custody should remain
15 with the party seeking to adopt during the pendency of
16 the adoption proceeding. If the interim custody order is
17 extended, the reasons for granting the extension shall be
18 stated in the order.
19 C. In the case of a child born outside the United States
20 or a territory thereof, if the petitioners have previously
21 been appointed guardians of such child by a court of
22 competent jurisdiction in a country other than the United
23 States or a territory thereof, the court may order that the
24 petitioners continue as guardians of such child.
25 D. In standby adoption cases:
26 (a) The court shall appoint a licensed attorney other
27 than the State's Attorney acting in his or her official
28 capacity as guardian ad litem to represent a child sought to
29 be adopted. The guardian ad litem shall have power to
30 consent to the adoption of the child, if consent is required.
31 (b) The court shall appoint a guardian ad litem for all
32 named minors or defendants who are persons under legal
33 disability, if any.
34 (c) If the petition alleges a person to be unfit pursuant
-34- LRB9103037SMpr
1 to the provisions of subparagraph (p) of paragraph D of
2 Section 1 of this Act, the person shall be represented by
3 counsel. If the person is indigent or an appearance has not
4 been entered on his or her behalf at the time the matter is
5 set for a hearing, the court shall appoint as counsel for him
6 or her either the Guardianship and Advocacy Commission or the
7 public defender, or, only if no attorney from the
8 Guardianship and Advocacy Commission or the public defender's
9 office is available, a licensed attorney.
10 (d) The court shall investigate as needed for the welfare
11 of the child and shall determine whether the petitioner or
12 petitioners shall be permitted to adopt.
13 (Source: P.A. 89-644, eff. 1-1-97; 89-686, eff. 6-1-97;
14 90-14, eff. 7-1-97; 90-349, eff. 1-1-98.)
15 (750 ILCS 50/13.1 new)
16 Sec. 13.1. Standby order.
17 (a) If it is proved to the satisfaction of the court,
18 after such investigation as the court deems necessary, that
19 termination of parental rights of the non-terminally ill
20 parent and adoption by the petitioner or petitioners will be
21 for the welfare of the child, the court may terminate the
22 parental rights of that parent. However, the consenting
23 terminally ill parent's parental rights may not be terminated
24 until consent becomes effective.
25 (b) The order shall be final as to all findings and shall
26 be followed in the judgment of adoption unless the petitioner
27 or petitioners are found by clear and convincing evidence to
28 be unfit.
29 (750 ILCS 50/14) (from Ch. 40, par. 1517)
30 Sec. 14. Judgment.
31 (a) Prior to the entry of the judgment for order of
32 adoption in any case other than an adoption of a related
-35- LRB9103037SMpr
1 child or of an adult, each petitioner and each person,
2 agency, association, corporation, institution, society or
3 organization involved in the adoption of the child, except a
4 child welfare agency, shall execute an affidavit setting
5 forth the hospital and medical costs, legal fees, counseling
6 fees, and any other fees or expenditures paid in accordance
7 with the Adoption Compensation Prohibition Act.
8 (b) Before the entry of the judgment for adoption, each
9 child welfare agency involved in the adoption of the child
10 shall file an affidavit concerning the costs, expenses,
11 contributions, fees, compensation, or other things of value
12 which have been given, promised, or received including but
13 not limited to hospital and medical costs, legal fees, social
14 services, living expenses, or any other expenses related to
15 the adoption paid in accordance with the Adoption
16 Compensation Prohibition Act.
17 If the total amount paid by the child welfare agency is
18 $4,500 or more, the affidavit shall contain an itemization of
19 expenditures.
20 If the total amount paid by the child welfare agency is
21 less than $4,500, the agency may file an unitemized affidavit
22 stating that the total amount paid is less than $4,500 unless
23 the court, in its discretion, requires that agency to file an
24 itemized affidavit.
25 (c) No affidavit need be filed in the case of an
26 adoption of a related child or an adult, nor shall an
27 affidavit be required to be filed by a non-consenting parent,
28 or by any judge, or clerk, involved in an official capacity
29 in the adoption proceedings.
30 (d) All affidavits filed in accordance with this Section
31 shall be under penalty of perjury and shall include, but are
32 not limited to, hospital and medical costs, legal fees,
33 social services, living expenses or any other expenses
34 related to the adoption or to the placement of the child,
-36- LRB9103037SMpr
1 whether or not the payments are permitted by applicable laws.
2 (e) Upon the expiration of 6 months after the date of
3 any interim order vesting temporary care, custody and control
4 of a child, other than a related child, in the petitioners,
5 entered pursuant to this Act, the petitioners may apply to
6 the court for a judgment of adoption. Notice of such
7 application shall be served by the petitioners upon the
8 investigating agency or the person making such investigation,
9 and the guardian ad litem. After the hearing on such
10 application, at which the petitioners and the child shall
11 appear in person, unless their presence is waived by the
12 court for good cause shown, the court may enter a judgment
13 for adoption, provided the court is satisfied from the report
14 of the investigating agency or the person making the
15 investigation, and from the evidence, if any, introduced,
16 that the adoption is for the welfare of the child and that
17 there is a valid consent, or that no consent is required as
18 provided in Section 8 of this Act.
19 (f) A judgment for adoption of a related child, an
20 adult, or a child as to whose adoption an agency or person
21 authorized by law has the right of authority to consent may
22 be entered at any time after service of process and after the
23 return day designated therein.
24 (f-5) A standby adoption judgment shall be entered upon
25 notice of the death of the terminally ill parent. The notice
26 must be provided to the court within 30 days of the death of
27 the terminally ill parent.
28 (g) No special findings of fact or certificate of
29 evidence shall be necessary in any case to support the
30 judgment.
31 (h) Only the circuit court that entered the judgment of
32 the adoption may order the issuance of any contents of the
33 court file or that the original birth record of the adoptee
34 be provided to any persons.
-37- LRB9103037SMpr
1 (Source: P.A. 88-148.)