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| [ Introduced ] | [ Engrossed ] | [ Senate Amendment 001 ] |
91_HB2726enr HB2726 Enrolled LRB9103037SMpr 1 AN ACT to amend the Adoption Act by changing Sections 1, 2 5, 6, 7, 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, 5, 6, 7, 9, 10, 11, 13, and 14 and by adding 7 Section 13.1 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. HB2726 Enrolled -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 HB2726 Enrolled -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 HB2726 Enrolled -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 HB2726 Enrolled -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 HB2726 Enrolled -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 forgoforegohis 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 HB2726 Enrolled -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 forgoforegohis 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. HB2726 Enrolled -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 HB2726 Enrolled -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 HB2726 Enrolled -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 HB2726 Enrolled -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 HB2726 Enrolled -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 the terminally ill 20 parent or the request of the parent for the entry of a final 21 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 50/5) (from Ch. 40, par. 1507) HB2726 Enrolled -13- LRB9103037SMpr 1 Sec. 5. Petition, contents, verification, filing. 2 A. A proceeding to adopt a child, other than a related 3 child, shall be commenced by the filing of a petition within 4 30 days after such child has become available for adoption, 5 provided that such petition may be filed at a later date by 6 leave of court upon a showing that the failure to file such 7 petition within such 30 day period was not due to the 8 petitioners' culpable negligence or their wilful disregard of 9 the provisions of this Section. In the case of a child born 10 outside the United States or a territory thereof, if the 11 prospective adoptive parents of such child have been 12 appointed guardians of such child by a court of competent 13 jurisdiction in a country other than the United States or a 14 territory thereof, such parents shall file a petition as 15 provided in this Section within 30 days after entry of the 16 child into the United States. A petition to adopt an adult 17 or a related child may be filed at any time. A petition for 18 adoption may include more than one person sought to be 19 adopted. 20 B. A petition to adopt a child other than a related 21 child shall state: 22 (a) The full names of the petitioners and, if 23 minors, their respective ages; 24 (b) The place of residence of the petitioners and 25 the length of residence of each in the State of Illinois 26 immediately preceding the filing of the petition; 27 (c) When the petitioners acquired, or intend to 28 acquire, custody of the child, and the name and address 29 of the persons or agency from whom the child was or will 30 be received; 31 (d) The name, the place and date of birth if known, 32 and the sex of the child sought to be adopted; 33 (e) The relationship, if any, of the child to each 34 petitioner; HB2726 Enrolled -14- LRB9103037SMpr 1 (f) The names, if known, and the place of 2 residence, if known, of the parents; and whether such 3 parents are minors, or otherwise under any legal 4 disability. The names and addresses of the parents shall 5 be omitted and they shall not be made parties defendant 6 to the petition if (1) the rights of the parents have 7 been terminated by a court of competent jurisdiction, or 8 (2) if the child has been surrendered to an agency, or 9 (3) if the parent or parents have been served with the 10 notice provided in Section 12a of this Act and said 11 parent or parents have filed a disclaimer of paternity as 12 therein provided or have failed to file such declaration 13 of paternity or a request for notice as provided in said 14 Section;.15 (g) If it is alleged that the child has no living 16 parent, then the name of the guardian, if any, of such 17 child and the court which appointed such guardian; 18 (h) If it is alleged that the child has no living 19 parent and that no guardian of such child is known to 20 petitioners, then the name of a near relative, if known, 21 shall be set forth, or an allegation that no near 22 relative is known and on due inquiry cannot be 23 ascertained by petitioners;:24 (i) The name to be given the child or adult; 25 (j) That the person or agency, having authority to 26 consent under Section 8 of this Act, has consented, or 27 has indicated willingness to consent, to the adoption of 28 the child by the petitioners, or that the person having 29 authority to consent is an unfit person and the ground 30 therefor, or that no consent is required under paragraph 31 (f) of Section 8 of this Act; 32 (k) Whatever orders, judgments or decrees have 33 heretofore been entered by any court affecting (1) 34 adoption or custody of the child, or (2) the adoptive, HB2726 Enrolled -15- LRB9103037SMpr 1 custodial or parental rights of either petitioner, 2 including the prior denial of any petition for adoption 3 pertaining to such child, or to the petitioners, or 4 either of them. 5 C. A petition to adopt a related child shall include the 6 information specified in sub-paragraphs (a), (b), (d), (e), 7 (f), (i) and (k) of paragraph B and a petition to adopt an 8 adult shall contain the information required by 9 sub-paragraphs (a), (b) and (i) of paragraph B in addition to 10 the name, place, date of birth and sex of such adult. 11 D. The petition shall be verified by the petitioners. 12 E. Upon the filing of the petition the petitioners shall 13 furnish the Clerk of the Court in which the petition is 14 pending such information not contained in such petition as 15 shall be necessary to enable the Clerk of such Court to 16 complete a certificate of adoption as hereinafter provided. 17 F. A petition for standby adoption shall conform to the 18 requirements of this Act with respect to petition contents, 19 verification, and filing. The petition for standby adoption 20 shall also state the facts concerning the consent of the 21 child's parent to the standby adoption. A petition for 22 standby adoption shall include the information in paragraph B 23 if the petitioner seeks to adopt a child other than a related 24 child. A petition for standby adoption shall include the 25 information in paragraph C if the petitioner seeks to adopt a 26 related child or adult. 27 (Source: P.A. 87-1129; 88-148; revised 10-31-98.) 28 (750 ILCS 50/6) (from Ch. 40, par. 1508) 29 Sec. 6. A. Investigation; all cases. Within 10 days 30 after the filing of a petition for the adoption or standby 31 adoption of a child other than a related child, the court 32 shall appoint a child welfare agency approved by the 33 Department of Children and Family Services or a probation HB2726 Enrolled -16- LRB9103037SMpr 1 officer of the court, or in Cook County the Court Services 2 Division of the Cook County Department of Public Aid, or the 3 Department of Children and Family Services if the court 4 determines that no child welfare agency is available or that 5 the petitioner is financially unable to pay for the 6 investigation, to investigate accurately, fully and promptly, 7 the allegations contained in the petition; the character, 8 reputation, health and general standing in the community of 9 the petitioners; the religious faith of the petitioners and, 10 if ascertainable, of the child sought to be adopted; and 11 whether the petitioners are proper persons to adopt the child 12 and whether the child is a proper subject of adoption. The 13 investigation required under this Section shall include a 14 criminal background check with a review of fingerprints by 15 State and federal authorities. The criminal background check 16 required by this Section shall include a listing of when, 17 where and by whom the criminal background check was prepared. 18 The criminal background check required by this Section shall 19 not be more than two years old. 20 Neither a clerk of the circuit court nor a judge may 21 require that a criminal background check or fingerprint 22 review be filed with, or at the same time as, an initial 23 petition for adoption. 24 B. Investigation; foreign-born child. In the case of a 25 child born outside the United States or a territory thereof, 26 in addition to the investigation required under subsection 27 (A) of this Section, a post-placement investigation shall be 28 conducted in accordance with the requirements of the Child 29 Care Act of 1969, the Interstate Compact on the Placement of 30 Children, and regulations of the foreign placing agency and 31 the supervising agency. 32 The requirements of a post-placement investigation shall 33 be deemed to have been satisfied if a valid final order or 34 judgment of adoption has been entered by a court of competent HB2726 Enrolled -17- LRB9103037SMpr 1 jurisdiction in a country other than the United States or a 2 territory thereof with respect to such child and the 3 petitioners. 4 C. Report of investigation. The court shall determine 5 whether the costs of the investigation shall be charged to 6 the petitioners. The information obtained as a result of such 7 investigation shall be presented to the court in a written 8 report. The results of the criminal background check required 9 under subsection (A) shall be provided to the court for its 10 review. The court may, in its discretion, weigh the 11 significance of the results of the criminal background check 12 against the entirety of the background of the petitioners. 13 The Court, in its discretion, may accept the report of the 14 investigation previously made by a licensed child welfare 15 agency, if made within one year prior to the entry of the 16 judgment. Such report shall be treated as confidential and 17 withheld from inspection unless findings adverse to the 18 petitioners or to the child sought to be adopted are 19 contained therein, and in that event the court shall inform 20 the petitioners of the relevant portions pertaining to the 21 adverse findings. In no event shall any facts set forth in 22 the report be considered at the hearing of the proceeding, 23 unless established by competent evidence. The report shall be 24 filed with the record of the proceeding. If the file 25 relating to the proceeding is not impounded, the report shall 26 be impounded by the clerk of the court and shall be made 27 available for inspection only upon order of the court. 28 D. Related adoption. Such investigation shall not be 29 made when the petition seeks to adopt a related child or an 30 adult unless the court, in its discretion, shall so order. In 31 such an event the court may appoint a person deemed competent 32 by the court. 33 (Source: P.A. 87-1129; 88-148.) HB2726 Enrolled -18- LRB9103037SMpr 1 (750 ILCS 50/7) (from Ch. 40, par. 1509) 2 Sec. 7. Process. 3 A. All persons named in the petition for adoption or 4 standby adoption, other than the petitioners and any party 5 who has previously either denied being a parent pursuant to 6 Section 12a of this Act or whose rights have been terminated 7 pursuant to Section 12a of this Act, but including the person 8 sought to be adopted, shall be made parties defendant by 9 name, and if the name or names of any such persons are 10 alleged in the petition to be unknown such persons shall be 11 made parties defendant under the name and style of "All whom 12 it may concern". In all such actions petitioner or his 13 attorney shall file, at the office of the clerk of the court 14 in which the action is pending, an affidavit showing that the 15 defendant resides or has gone out of this State, or on due 16 inquiry cannot be found, or is concealed within this State, 17 so that process cannot be served upon him, and stating the 18 place of residence of the defendant, if known, or that upon 19 diligent inquiry his place of residence cannot be 20 ascertained, the clerk shall cause publication to be made in 21 some newspaper published in the county in which the action is 22 pending. If there is no newspaper published in that county, 23 then the publication shall be in a newspaper published in an 24 adjoining county in this State, having a circulation in the 25 county in which such action is pending. In the event there is 26 service on any of the parties by publication, the publication 27 shall contain notice of pendency of the action, the name of 28 the person to be adopted and the name of the parties to be 29 served by publication, and the date on or after which default 30 may be entered against such parties. Neither the name of 31 petitioners nor the name of any party who has either 32 surrendered said child, has given their consent to the 33 adoption of the child, or whose parental rights have been 34 terminated by a court of competent jurisdiction shall be HB2726 Enrolled -19- LRB9103037SMpr 1 included in the notice of publication. The Clerk shall also, 2 within ten (10) days of the first publication of the notice, 3 send a copy thereof by mail, addressed to each defendant 4 whose place of residence is stated in such affidavit. The 5 certificate of the Clerk that he sent the copies pursuant to 6 this section is evidence that he has done so. Except as 7 provided in this section pertaining to service by 8 publication, all parties defendant shall be notified of the 9 proceedings in the same manner as is now or may hereafter be 10 required in other civil cases or proceedings. Any party 11 defendant who is of age of 14 years or upward may waive 12 service of process by entering an appearance in writing. The 13 form to be used for publication shall be substantially as 14 follows: "ADOPTION NOTICE - STATE OF ILLINOIS, County of 15 ...., ss. - Circuit Court of .... County. In the matter of 16 the Petition for the Adoption of ...., a ..male child. 17 Adoption No. ..... To-- .... (whom it may concern or the 18 named parent) Take notice that a petition was filed in the 19 Circuit Court of .... County, Illinois, for the adoption of a 20 child named ..... Now, therefore, unless you ...., and all 21 whom it may concern, file your answer to the Petition in the 22 action or otherwise file your appearance therein, in the said 23 Circuit Court of ...., County, Room ...., ...., in the City 24 of ...., Illinois, on or before the .... day of ...., a 25 default may be entered against you at any time after that day 26 and a judgment entered in accordance with the prayer of said 27 Petition. Dated, ...., Illinois, .... ...., Clerk. (Name and 28 address of attorney for petitioners.) 29 B. A minor defendant who has been served in accordance 30 with this Section may be defaulted in the same manner as any 31 other defendant. 32 C. Notwithstanding any inconsistent provision of this or 33 any other law, and in addition to the notice requirements of 34 any law pertaining to persons other than those specified in HB2726 Enrolled -20- LRB9103037SMpr 1 this subsection, the persons entitled to notice that a 2 petition has been filed under Section 5 of this Act shall 3 include: 4 (a) any person adjudicated by a court in this State 5 to be the father of the child; 6 (b) any person adjudicated by a court of another 7 state or territory of the United States to be the father 8 of the child, when a certified copy of the court order 9 has been filed with the Putative Father Registry under 10 Section 12.1 of this Act; 11 (c) any person who at the time of the filing of the 12 petition is registered in the Putative Father Registry 13 under Section 12.1 of this Act as the putative father of 14 the child; 15 (d) any person who is recorded on the child's birth 16 certificate as the child's father; 17 (e) any person who is openly living with the child 18 or the child's mother at the time the proceeding is 19 initiated and who is holding himself out to be the 20 child's father; 21 (f) any person who has been identified as the 22 child's father by the mother in a written, sworn 23 statement, including an Affidavit of Identification as 24 specified under Section 11 of this Act; 25 (g) any person who was married to the child's 26 mother on the date of the child's birth or within 300 27 days prior to the child's birth. 28 The sole purpose of notice under this Section shall be to 29 enable the person receiving notice to appear in the adoption 30 proceedings to present evidence to the court relevant to the 31 best interests of the child. 32 (Source: P.A. 89-315, eff. 1-1-96.) 33 (750 ILCS 50/9) (from Ch. 40, par. 1511) HB2726 Enrolled -21- 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: HB2726 Enrolled -22- 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). 18this .... 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 HB2726 Enrolled -23- 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. (1) The parent of a child may execute a consent to 18 standby adoption by a specified person or persons. A consent 19 under this subsection B-5 shall be acknowledged by a parent 20 pursuant to subsection H and subsection K of this Section. 21 The form of consent required for the standby adoption of a 22 born child effective at a future date when the terminally ill 23 parent of the child dies or requests that a final judgment of 24 adoption be entered shall be substantially as follows: 25 FINAL AND IRREVOCABLE CONSENT 26 TO STANDBY ADOPTION 27 I, ..., (relationship, e.g. mother or father) of ...., a 28 ..male child, state: 29 That the child was born on .... at ..... 30 That I reside at ...., County of ...., and State of ..... 31 That I am of the age of .... years. 32 That I hereby enter my appearance in this proceeding and 33 waive service of summons on me in this action only. 34 That I do hereby consent and agree to the standby HB2726 Enrolled -24- LRB9103037SMpr 1 adoption of the child, and that I have not previously 2 executed a consent or surrender with respect to the child. 3 That (I am terminally ill) (the child's other parent is 4 terminally ill). 5 That I wish to and understand that by signing this 6 consent I do irrevocably and permanently give up all custody 7 and other parental rights I have to the child, effective upon 8 (my death) (the child's other parent's death) or upon (my) 9 (the terminally ill parent's) request for the entry of a 10 final judgment for adoption if ..... (specified person or 11 persons) adopt my child. 12 That I understand that until (I die) (the child's other 13 parent dies), I retain all legal rights and obligations 14 concerning the child, but at that time, I irrevocably give 15 all custody and other parental rights to .... (specified 16 person or persons). 17 I understand my child will be adopted by ....... 18 (specified person or persons) only and that I cannot, under 19 any circumstances, after signing this document, change my 20 mind and revoke or cancel this consent or obtain or recover 21 custody or any other rights over my child if ..... (specified 22 person or persons) adopt my child. 23 I understand that this consent to standby adoption is 24 valid only if the petition for standby adoption is filed and 25 that if ....... (specified person or persons), for any 26 reason, cannot or will not file a petition for standby 27 adoption or if his, her, or their petition for standby 28 adoption is denied, then this consent is void. I have the 29 right to notice of any other proceeding that could affect my 30 parental rights. 31 That I have read and understand the above and I am 32 signing it as my free and voluntary act. 33 Dated (insert date). 34 .................... HB2726 Enrolled -25- LRB9103037SMpr 1 If under Section 8 the consent of more than one person is 2 required, then each such person shall execute a separate 3 consent. A separate consent shall be executed for each 4 child. 5 (2) If the parent consents to a standby adoption by 2 6 specified persons, then the form shall contain 2 additional 7 paragraphs in substantially the following form: 8 If .... (specified persons) obtain a judgment of 9 dissolution of marriage before the judgment for adoption is 10 entered, then ..... (specified person) shall adopt my child. 11 I understand that I cannot change my mind and revoke this 12 consent or obtain or recover custody of my child if ..... 13 (specified persons) obtain a judgment of dissolution of 14 marriage and ..... (specified person) adopts my child. I 15 understand that I cannot change my mind and revoke this 16 consent if ...... (specified persons) obtain a judgment of 17 dissolution of marriage before the adoption is final. I 18 understand that this consent to adoption has no effect on who 19 will get custody of my child if ..... (specified persons) 20 obtain a judgment of dissolution of marriage after the 21 adoption is final. I understand that if either ..... 22 (specified persons) dies before the petition to adopt my 23 child is granted, then the surviving person may adopt my 24 child. I understand that I cannot change my mind and revoke 25 this consent or obtain or recover custody of my child if the 26 surviving person adopts my child. 27 A consent to standby adoption by specified persons on 28 this form shall have no effect on a court's determination of 29 custody or visitation under the Illinois Marriage and 30 Dissolution of Marriage Act if the marriage of the specified 31 persons is dissolved before the adoption is final. 32 (3) The form of the certificate of acknowledgement for a 33 Final and Irrevocable Consent for Standby Adoption shall be 34 substantially as follows: HB2726 Enrolled -26- LRB9103037SMpr 1 STATE OF .....) 2 ) SS. 3 COUNTY OF ....) 4 I, ....... (name of Judge or other person) ..... 5 (official title, name, and address), certify that ......., 6 personally known to me to be the same person whose name is 7 subscribed to the foregoing Final and Irrevocable Consent to 8 Standby Adoption, appeared before me this day in person and 9 acknowledged that (she) (he) signed and delivered the consent 10 as (her) (his) free and voluntary act, for the specified 11 purpose. 12 I have fully explained that this consent to adoption is 13 valid only if the petition to adopt is filed, and that if the 14 specified person or persons, for any reason, cannot or will 15 not adopt the child or if the adoption petition is denied, 16 then this consent will be void. I have fully explained that 17 if the specified person or persons adopt the child, by 18 signing this consent (she) (he) is irrevocably and 19 permanently relinquishing all parental rights to the child, 20 and (she) (he) has stated that such is (her) (his) intention 21 and desire. 22 Dated (insert date). 23 Signature.............................. 24 (4) If a consent to standby adoption is executed in this 25 form, the consent shall be valid only if the specified person 26 or persons adopt the child. The consent shall be void if: 27 (a) the specified person or persons do not file a 28 petition for standby adoption of the child; or 29 (b) a court denies the standby adoption petition. 30 The parent shall not need to take further action to 31 revoke the consent if the standby adoption by the specified 32 person or persons does not occur, notwithstanding the 33 provisions of Section 11 of this Act. 34 C. The form of surrender to any agency given by a parent HB2726 Enrolled -27- LRB9103037SMpr 1 of a born child who is to be subsequently placed for adoption 2 shall be substantially as follows and shall contain such 3 other facts and statements as the particular agency shall 4 require. 5 FINAL AND IRREVOCABLE SURRENDER 6 FOR PURPOSES OF ADOPTION 7 I, .... (relationship, e.g., mother, father, relative, 8 guardian) of ...., a ..male child, state: 9 That such child was born on ...., at ..... 10 That I reside at ...., County of ...., and State of ..... 11 That I am of the age of .... years. 12 That I do hereby surrender and entrust the entire custody 13 and control of such child to the .... (the "Agency"), a 14 (public) (licensed) child welfare agency with its principal 15 office in the City of ...., County of .... and State of ...., 16 for the purpose of enabling it to care for and supervise the 17 care of such child, to place such child for adoption and to 18 consent to the legal adoption of such child. 19 That I hereby grant to the Agency full power and 20 authority to place such child with any person or persons it 21 may in its sole discretion select to become the adopting 22 parent or parents and to consent to the legal adoption of 23 such child by such person or persons; and to take any and all 24 measures which, in the judgment of the Agency, may be for the 25 best interests of such child, including authorizing medical, 26 surgical and dental care and treatment including inoculation 27 and anaesthesia for such child. 28 That I wish to and understand that by signing this 29 surrender I do irrevocably and permanently give up all 30 custody and other parental rights I have to such child. 31 That I understand I cannot under any circumstances, after 32 signing this surrender, change my mind and revoke or cancel 33 this surrender or obtain or recover custody or any other 34 rights over such child. HB2726 Enrolled -28- LRB9103037SMpr 1 That I have read and understand the above and I am 2 signing it as my free and voluntary act. 3 Dated (insert date).this .... day of ...., 19...4 ........................ 5 D. The form of surrender to an agency given by a parent 6 of an unborn child who is to be subsequently placed for 7 adoption shall be substantially as follows and shall contain 8 such other facts and statements as the particular agency 9 shall require. 10 SURRENDER OF UNBORN CHILD FOR 11 PURPOSES OF ADOPTION 12 I, .... (father), state: 13 That I am the father of a child expected to be born on or 14 about .... to .... (name of mother). 15 That I reside at ...., County of ...., and State of ..... 16 That I am of the age of .... years. 17 That I do hereby surrender and entrust the entire custody 18 and control of such child to the .... (the "Agency"), a 19 (public) (licensed) child welfare agency with its principal 20 office in the City of ...., County of .... and State of ...., 21 for the purpose of enabling it to care for and supervise the 22 care of such child, to place such child for adoption and to 23 consent to the legal adoption of such child, and that I have 24 not previously executed a consent or surrender with respect 25 to such child. 26 That I hereby grant to the Agency full power and 27 authority to place such child with any person or persons it 28 may in its sole discretion select to become the adopting 29 parent or parents and to consent to the legal adoption of 30 such child by such person or persons; and to take any and all 31 measures which, in the judgment of the Agency, may be for the 32 best interests of such child, including authorizing medical, 33 surgical and dental care and treatment, including inoculation 34 and anaesthesia for such child. HB2726 Enrolled -29- LRB9103037SMpr 1 That I wish to and understand that by signing this 2 surrender I do irrevocably and permanently give up all 3 custody and other parental rights I have to such child. 4 That I understand I cannot under any circumstances, after 5 signing this surrender, change my mind and revoke or cancel 6 this surrender or obtain or recover custody or any other 7 rights over such child, except that I have the right to 8 revoke this surrender by giving written notice of my 9 revocation not later than 72 hours after the birth of such 10 child. 11 That I have read and understand the above and I am 12 signing it as my free and voluntary act. 13 Dated (insert date).this .... day of ...., 19...14 ........................ 15 E. The form of consent required from the parents for the 16 adoption of an adult, when such adult elects to obtain such 17 consent, shall be substantially as follows: 18 CONSENT 19 I, ...., (father) (mother) of ...., an adult, state: 20 That I reside at ...., County of .... and State of ..... 21 That I do hereby consent and agree to the adoption of 22 such adult by .... and ..... 23 Dated (insert date).this .... day of .......... 1924 ......................... 25 F. The form of consent required for the adoption of a 26 child of the age of 14 years or upwards, or of an adult, to 27 be given by such person, shall be substantially as follows: 28 CONSENT 29 I, ...., state: 30 That I reside at ...., County of .... and State of ..... 31 That I am of the age of .... years. That I consent and agree 32 to my adoption by .... and ..... 33 Dated (insert date).this .... day of ......., 19...34 ........................ HB2726 Enrolled -30- LRB9103037SMpr 1 G. The form of consent given by an agency to the 2 adoption by specified persons of a child previously 3 surrendered to it shall set forth that the agency has the 4 authority to execute such consent. The form of consent given 5 by a guardian of the person of a child sought to be adopted, 6 appointed by a court of competent jurisdiction, shall set 7 forth the facts of such appointment and the authority of the 8 guardian to execute such consent. 9 H. A consent (other than that given by an agency, or 10 guardian of the person of the child sought to be adopted 11 appointed by a court of competent jurisdiction) shall be 12 acknowledged by a parent before the presiding judge of the 13 court in which the petition for adoption has been, or is to 14 be filed or before any other judge or hearing officer 15 designated or subsequently approved by the court, or the 16 circuit clerk if so authorized by the presiding judge or, 17 except as otherwise provided in this Act, before a 18 representative of the Department of Children and Family 19 Services or a licensed child welfare agency, or before social 20 service personnel under the jurisdiction of a court of 21 competent jurisdiction, or before social service personnel of 22 the Cook County Department of Supportive Services designated 23 by the presiding judge. 24 I. A surrender, or any other document equivalent to a 25 surrender, by which a child is surrendered to an agency shall 26 be acknowledged by the person signing such surrender, or 27 other document, before a judge or hearing officer or the 28 clerk of any court of record, either in this State or any 29 other state of the United States, or before a representative 30 of an agency or before any other person designated or 31 approved by the presiding judge of the court in which the 32 petition for adoption has been, or is to be, filed. 33 J. The form of the certificate of acknowledgment for a 34 consent, a surrender, or any other document equivalent to a HB2726 Enrolled -31- LRB9103037SMpr 1 surrender, shall be substantially as follows: 2 STATE OF ....) 3 ) SS. 4 COUNTY OF ...) 5 I, .... (Name of judge or other person), .... (official 6 title, name and location of court or status or position of 7 other person), certify that ...., personally known to me to 8 be the same person whose name is subscribed to the foregoing 9 (consent) (surrender), appeared before me this day in person 10 and acknowledged that (she) (he) signed and delivered such 11 (consent) (surrender) as (her) (his) free and voluntary act, 12 for the specified purpose. 13 I have fully explained that by signing such (consent) 14 (surrender) (she) (he) is irrevocably relinquishing all 15 parental rights to such child or adult and (she) (he) has 16 stated that such is (her) (his) intention and desire. 17 Dated (insert date).1918 Signature ............... 19 K. When the execution of a consent or a surrender is 20 acknowledged before someone other than a judge or the clerk 21 of a court of record, such other person shall have his 22 signature on the certificate acknowledged before a notary 23 public, in form substantially as follows: 24 STATE OF ....) 25 ) SS. 26 COUNTY OF ...) 27 I, a Notary Public, in and for the County of ......, in 28 the State of ......, certify that ...., personally known to 29 me to be the same person whose name is subscribed to the 30 foregoing certificate of acknowledgment, appeared before me 31 in person and acknowledged that (she) (he) signed such 32 certificate as (her) (his) free and voluntary act and that 33 the statements made in the certificate are true. 34 Dated (insert date).......... 19...HB2726 Enrolled -32- LRB9103037SMpr 1 Signature ...................... Notary Public 2 (official seal) 3 There shall be attached a certificate of magistracy, or 4 other comparable proof of office of the notary public 5 satisfactory to the court, to a consent signed and 6 acknowledged in another state. 7 L. A surrender or consent executed and acknowledged 8 outside of this State, either in accordance with the law of 9 this State or in accordance with the law of the place where 10 executed, is valid. 11 M. Where a consent or a surrender is signed in a foreign 12 country, the execution of such consent shall be acknowledged 13 or affirmed in a manner conformable to the law and procedure 14 of such country. 15 N. If the person signing a consent or surrender is in 16 the military service of the United States, the execution of 17 such consent or surrender may be acknowledged before a 18 commissioned officer and the signature of such officer on 19 such certificate shall be verified or acknowledged before a 20 notary public or by such other procedure as is then in effect 21 for such division or branch of the armed forces. 22 O. (1) The parent or parents of a child in whose 23 interests a petition under Section 2-13 of the Juvenile Court 24 Act of 1987 is pending may, with the approval of the 25 designated representative of the Department of Children and 26 Family Services, execute a consent to adoption by a specified 27 person or persons: 28 (a) in whose physical custody the child has resided 29 for at least one year; or 30 (b) in whose physical custody at least one sibling 31 of the child who is the subject of this consent has 32 resided for at least one year, and the child who is the 33 subject of this consent is currently residing in this 34 foster home; or HB2726 Enrolled -33- LRB9103037SMpr 1 (c) in whose physical custody a child under one 2 year of age has resided for at least 3 months. 3 A consent under this subsection O shall be acknowledged by a 4 parent pursuant to subsection H and subsection K of this 5 Section. 6 (2) The consent to adoption by a specified person or 7 persons shall have the caption of the proceeding in which it 8 is to be filed and shall be substantially as follows: 9 FINAL AND IRREVOCABLE CONSENT TO ADOPTION BY 10 A SPECIFIED PERSON OR PERSONS 11 I, ......................................, the 12 .................. (mother or father) of a ....male child, 13 state: 14 1. My child ............................ (name of 15 child) was born on (insert date)............, ......at 16 .................... Hospital in ................ County, 17 State of ............... 18 2. I reside at ......................, County of 19 ............. and State of .............. 20 3. I, ..........................., am .... years 21 old. 22 4. I enter my appearance in this action to adopt my 23 child by the person or persons specified herein by me and 24 waive service of summons on me in this action only. 25 5. I consent to the adoption of my child by 26 ............................. (specified person or 27 persons) only. 28 6. I wish to sign this consent and I understand 29 that by signing this consent I irrevocably and 30 permanently give up all parental rights I have to my 31 child if my child is adopted by 32 ............................. (specified person or 33 persons). 34 7. I understand my child will be adopted by HB2726 Enrolled -34- LRB9103037SMpr 1 ............................. (specified person or 2 persons) only and that I cannot under any circumstances, 3 after signing this document, change my mind and revoke or 4 cancel this consent or obtain or recover custody or any 5 other rights over my child if 6 ............................ (specified person or 7 persons) adopt my child. 8 8. I understand that this consent to adoption is 9 valid only if the petition to adopt is filed within one 10 year from the date that I sign it and that if 11 ....................... (specified person or persons), 12 for any reason, cannot or will not file a petition to 13 adopt my child within that one year period or if their 14 adoption petition is denied, then this consent will be 15 void. I have the right to notice of any other proceeding 16 that could affect my parental rights, except for the 17 proceeding for ............. (specified person or 18 persons) to adopt my child. 19 9. I have read and understand the above and I am 20 signing it as my free and voluntary act. 21 Dated (insert date).this ..... day of .....,22.......23 ............................................. 24 Signature of parent 25 (3) If the parent consents to an adoption by 2 specified 26 persons, then the form shall contain 2 additional paragraphs 27 in substantially the following form: 28 10. If ............... (specified persons) get a 29 divorce before the petition to adopt my child is granted, 30 then .......... (specified person) shall adopt my child. 31 I understand that I cannot change my mind and revoke this 32 consent or obtain or recover custody over my child if 33 ............. (specified persons) divorce and 34 ............. (specified person) adopts my child. I HB2726 Enrolled -35- LRB9103037SMpr 1 understand that I cannot change my mind and revoke this 2 consent or obtain or recover custody over my child if 3 ................. (specified persons) divorce after the 4 adoption is final. I understand that this consent to 5 adoption has no effect on who will get custody of my 6 child if they divorce after the adoption is final. 7 11. I understand that if either ............... 8 (specified persons) dies before the petition to adopt my 9 child is granted, then the surviving person can adopt my 10 child. I understand that I cannot change my mind and 11 revoke this consent or obtain or recover custody over my 12 child if the surviving person adopts my child. 13 A consent to adoption by specified persons on this form 14 shall have no effect on a court's determination of custody or 15 visitation under the Illinois Marriage and Dissolution of 16 Marriage Act if the marriage of the specified persons is 17 dissolved after the adoption is final. 18 (4) The form of the certificate of acknowledgement for a 19 Final and Irrevocable Consent for Adoption by a Specified 20 Person or Persons shall be substantially as follows: 21 STATE OF..............) 22 ) SS. 23 COUNTY OF.............) 24 I, .................... (Name of Judge or other person), 25 ..................... (official title, name, and address), 26 certify that ............., personally known to me to be the 27 same person whose name is subscribed to the foregoing Final 28 and Irrevocable Consent for Adoption by a Specified Person or 29 Persons, appeared before me this day in person and 30 acknowledged that (she)(he) signed and delivered the consent 31 as (her)(his) free and voluntary act, for the specified 32 purpose. 33 I have fully explained that this consent to adoption is HB2726 Enrolled -36- LRB9103037SMpr 1 valid only if the petition to adopt is filed within one year 2 from the date that it is signed, and that if the specified 3 person or persons, for any reason, cannot or will not adopt 4 the child or if the adoption petition is denied, then this 5 consent will be void. I have fully explained that if the 6 specified person or persons adopt the child, by signing this 7 consent (she)(he) is irrevocably and permanently 8 relinquishing all parental rights to the child, and (she)(he) 9 has stated that such is (her)(his) intention and desire. 10 Dated (insert date).............., ........11 ............................... 12 Signature 13 (5) If a consent to adoption by a specified person or 14 persons is executed in this form, the following provisions 15 shall apply. The consent shall be valid only if that 16 specified person or persons adopt the child. The consent 17 shall be void if: 18 (a) the specified person or persons do not file a 19 petition to adopt the child within one year after the 20 consent is signed; or 21 (b) a court denies the adoption petition; or 22 (c) the Department of Children and Family Services 23 Guardianship Administrator determines that the specified 24 person or persons will not or cannot complete the 25 adoption, or in the best interests of the child should 26 not adopt the child. 27 Within 30 days of the consent becoming void, the 28 Department of Children and Family Services Guardianship 29 Administrator shall make good faith attempts to notify the 30 parent in writing and shall give written notice to the court 31 and all additional parties in writing that the adoption has 32 not occurred or will not occur and that the consent is void. 33 If the adoption by a specified person or persons does not 34 occur, no proceeding for termination of parental rights shall HB2726 Enrolled -37- LRB9103037SMpr 1 be brought unless the biological parent who executed the 2 consent to adoption by a specified person or persons has been 3 notified of the proceeding pursuant to Section 7 of this Act 4 or subsection (4) of Section 2-13 of the Juvenile Court Act 5 of 1987. The parent shall not need to take further action to 6 revoke the consent if the specified adoption does not occur, 7 notwithstanding the provisions of Section 11 of this Act. 8 (6) The Department of Children and Family Services is 9 authorized to promulgate rules necessary to implement this 10 subsection O. 11 (7) The Department shall collect and maintain data 12 concerning the efficacy of specific consents. This data 13 shall include the number of specific consents executed and 14 their outcomes, including but not limited to the number of 15 children adopted pursuant to the consents, the number of 16 children for whom adoptions are not completed, and the reason 17 or reasons why the adoptions are not completed. 18 (Source: P.A. 89-704, eff. 8-16-97 (changed from 1-1-98 by 19 P.A. 90-443); 90-608, eff. 6-30-98; 90-655, eff. 7-30-98; 20 revised 10-20-98.) 21 (750 ILCS 50/11) (from Ch. 40, par. 1513) 22 Sec. 11. Consents, surrenders, irrevocability. 23 (a) A consent to adoption or standby adoption by a 24 parent, including a minor, executed and acknowledged in 25 accordance with the provisions of Section 8 of this Act, or a 26 surrender of a child by a parent, including a minor, to an 27 agency for the purpose of adoption shall be irrevocable 28 unless it shall have been obtained by fraud or duress on the 29 part of the person before whom such consent, surrender, or 30 other document equivalent to a surrender is acknowledged 31 pursuant to the provisions of Section 10 of this Act or on 32 the part of the adopting parents or their agents and a court 33 of competent jurisdiction shall so find. No action to void HB2726 Enrolled -38- LRB9103037SMpr 1 or revoke a consent to or surrender for adoption, including 2 an action based on fraud or duress, may be commenced after 12 3 months from the date the consent or surrender was executed. 4 The consent or surrender of a parent who is a minor shall not 5 be voidable because of such minority. 6 (b) The petitioners in an adoption proceeding are 7 entitled to rely upon a sworn statement of the biological 8 mother of the child to be adopted identifying the father of 9 her child. The affidavit shall be conclusive evidence as to 10 the biological mother regarding the facts stated therein, and 11 shall create a rebuttable presumption of truth as to the 12 biological father only. Except as provided in Section 11 of 13 this Act, the biological mother of the child shall be 14 permanently barred from attacking the proceeding thereafter. 15 The biological mother shall execute such affidavit in writing 16 and under oath. The affidavit shall be executed by the 17 biological mother before or at the time of execution of the 18 consent or surrender, and shall be retained by the court and 19 be a part of the Court's files. The form of affidavit shall 20 be substantially as follows: 21 AFFIDAVIT OF IDENTIFICATION 22 I, ................., the mother of a (male or female) 23 child, state under oath or affirm as follows: 24 (1) That the child was born, or is expected to be born, 25 on (insert date),the ... day of ..........., 199..,at 26 ......................., in the State of ................... 27 (2) That I reside at .................., in the City or 28 Village of ..........., State of ................... 29 (3) That I am of the age of ....... years. 30 (4) That I acknowledge that I have been asked to 31 identify the father of my child. 32 (5) (CHECK ONE) 33 .... I know and am identifying the biological father. 34 .... I do not know the identity of the biological father. HB2726 Enrolled -39- LRB9103037SMpr 1 .... I am unwilling to identify the biological father. 2 (6A) If I know and am identifying the father: 3 That the name of the biological father is 4 ....................; his last known home address is 5 ............; his last known work address is 6 ....................; and he is ..... years of age; or he is 7 deceased, having died on (insert date)the ...... day of8............, 19....,at .............., in the State of 9 .................. 10 (6B) If I do not know the identity of the biological 11 father: 12 I do not know who the biological father is; the following 13 is an explanation of why I am unable to identify him: 14 ............................................................. 15 ............................................................. 16 ............................................................. 17 (6C) If I am unwilling to identify the biological 18 father: 19 I do not wish to name the biological father of the child 20 for the following reasons: 21 ............................................................. 22 ............................................................. 23 ............................................................. 24 (7) The physical description of the biological father 25 is: ......................................................... 26 ............................................................. 27 ............................................................. 28 (8) I reaffirm that the information contained in 29 paragraphs 5, 6, and 7, inclusive, is true and correct. 30 (9) I have been informed and understand that if I am 31 unwilling, refuse to identify, or misidentify the biological 32 father of the child, absent fraud or duress, I am permanently 33 barred from attacking the proceedings for the adoption of the 34 child at any time after I sign a final and irrevocable HB2726 Enrolled -40- LRB9103037SMpr 1 consent to adoption or surrender for purposes of adoption. 2 (10) I have read this Affidavit and have had the 3 opportunity to review and question it; it was explained to me 4 by ............................; and I am signing it as my 5 free and voluntary act and understand the contents and the 6 results of signing it. 7 Dated (insert date).this... day of ...................,8199...9 ................................... 10 Signature 11 Under penalties as provided by law under Section 1-109 of 12 the Code of Civil Procedure, the undersigned certifies that 13 the statements set forth in this Affidavit are true and 14 correct. 15 ................................... 16 Signature 17 (Source: P.A. 88-550, eff. 7-3-94; 89-315, eff. 1-1-96; 18 revised 10-20-98.) 19 (750 ILCS 50/13) (from Ch. 40, par. 1516) 20 Sec. 13. Interim order. As soon as practicable after the 21 filing of a petition for adoption the court shall hold a 22 hearing for the following purposes: 23 A. In other than an adoption of a related child or an 24 adoption through an agency, or of an adult: 25 (a) To determine the validity of the consent, 26 provided that the execution of a consent pursuant to this 27 Act shall be prima facie evidence of its validity, and 28 provided that the validity of a consent shall not be 29 affected by the omission therefrom of the names of the 30 petitioners or adopting parents at the time the consent 31 is executed or acknowledged, and further provided that 32 the execution of a consent prior to the filing of a 33 petition for adoption shall not affect its validity. HB2726 Enrolled -41- LRB9103037SMpr 1 (b) To determine whether there is available 2 suitable temporary custodial care for a child sought to 3 be adopted. 4 B. In all cases except standby adoptions: 5 (a) The court shall appoint some licensed attorney 6 other than the State's attorney acting in his or her 7 official capacity as guardian ad litem to represent a 8 child sought to be adopted. Such guardian ad litem shall 9 have power to consent to the adoption of the child, if 10 such consent is required. 11 (b) The court shall appoint a guardian ad litem for 12 all named minors or defendants who are persons under 13 legal disability, if any. 14 (c) If the petition alleges a person to be unfit 15 pursuant to the provisions of subparagraph (p) of 16 paragraph D of Section 1 of this Act, such person shall 17 be represented by counsel. If such person is indigent or 18 an appearance has not been entered on his behalf at the 19 time the matter is set for hearing, the court shall 20 appoint as counsel for him either the Guardianship and 21 Advocacy Commission, the public defender, or, only if no 22 attorney from the Guardianship and Advocacy Commission or 23 the public defender is available, an attorney licensed to 24 practice law in this State. 25 (d) If it is proved to the satisfaction of the 26 court, after such investigation as the court deems 27 necessary, that termination of parental rights and 28 temporary commitment of the child to an agency or to a 29 person deemed competent by the court, including 30 petitioners, will be for the welfare of the child, the 31 court may order the child to be so committed and may 32 terminate the parental rights of the parents and declare 33 the child a ward of the court or, if it is not so proved, 34 the court may enter such other order as it shall deem HB2726 Enrolled -42- LRB9103037SMpr 1 necessary and advisable. 2 (e) Before an interim custody order is granted 3 under this Section, service of summons shall be had upon 4 the parent or parents whose rights have not been 5 terminated, except as provided in subsection (f). 6 Reasonable notice and opportunity to be heard shall be 7 given to the parent or parents after service of summons 8 when the address of the parent or parents is available. 9 The party seeking an interim custody order shall make all 10 reasonable efforts to locate the parent or parents of the 11 child or children they are seeking to adopt and to notify 12 the parent or parents of the party's request for an 13 interim custody order pursuant to this Section. 14 (f) An interim custody order may be granted without 15 notice upon presentation to the court of a written 16 petition, accompanied by an affidavit, stating that there 17 is an immediate danger to the child and that irreparable 18 harm will result to the child if notice is given to the 19 parent or parents or legal guardian. Upon making a 20 finding that there is an immediate danger to the child if 21 service of process is had upon and notice of hearing is 22 given to the parent or parents or legal guardian prior to 23 the entry of an order granting temporary custody to 24 someone other than a parent or legal guardian, the court 25 may enter an order of temporary custody which shall 26 expire not more than 10 days after its entry. Every ex 27 parte custody order granted without notice shall state 28 the injury which the court sought to avoid by granting 29 the order, the irreparable injury that would have 30 occurred had notice been given, and the reason the order 31 was granted without notice. The matter shall be set down 32 for full hearing before the expiration of the ex parte 33 order and will be heard after service of summons is had 34 upon and notice of hearing is given to the parent or HB2726 Enrolled -43- LRB9103037SMpr 1 parents or legal guardian. At the hearing the burden of 2 proof shall be upon the party seeking to extend the 3 interim custody order to show that the order was properly 4 granted without notice and that custody should remain 5 with the party seeking to adopt during the pendency of 6 the adoption proceeding. If the interim custody order is 7 extended, the reasons for granting the extension shall be 8 stated in the order. 9 C. In the case of a child born outside the United States 10 or a territory thereof, if the petitioners have previously 11 been appointed guardians of such child by a court of 12 competent jurisdiction in a country other than the United 13 States or a territory thereof, the court may order that the 14 petitioners continue as guardians of such child. 15 D. In standby adoption cases: 16 (a) The court shall appoint a licensed attorney other 17 than the State's Attorney acting in his or her official 18 capacity as guardian ad litem to represent a child sought to 19 be adopted. The guardian ad litem shall have power to 20 consent to the adoption of the child, if consent is required. 21 (b) The court shall appoint a guardian ad litem for all 22 named minors or defendants who are persons under legal 23 disability, if any. 24 (c) The court lacks jurisdiction to proceed on the 25 petition for standby adoption if the child has a living 26 parent, adoptive parent, or adjudicated parent whose rights 27 have not been terminated and whose whereabouts are known, 28 unless the parent consents to the standby adoption or, after 29 receiving notice of the hearing on the standby adoption 30 petition, fails to object to the appointment of a standby 31 adoptive parent at the hearing on the petition. 32 (d) The court shall investigate as needed for the welfare 33 of the child and shall determine whether the petitioner or 34 petitioners shall be permitted to adopt. HB2726 Enrolled -44- LRB9103037SMpr 1 (Source: P.A. 89-644, eff. 1-1-97; 89-686, eff. 6-1-97; 2 90-14, eff. 7-1-97; 90-349, eff. 1-1-98.) 3 (750 ILCS 50/13.1 new) 4 Sec. 13.1. Order for standby adoption. 5 (a) If it is proved to the satisfaction of the court, 6 after such investigation as the court deems necessary, that 7 the child's parent consents to or fails to object to the 8 standby adoption and adoption by the petitioner will be for 9 the welfare of the child, the court may enter an order for 10 standby adoption. However, the consenting terminally ill 11 parent's parental rights may not be terminated until consent 12 becomes effective. 13 (b) The order for standby adoption shall be final as to 14 all findings and shall be followed in the judgment of 15 adoption unless the court finds by clear and convincing 16 evidence that it is no longer in the best interest of the 17 child for the adoption to be finalized. 18 (c) Once the standby adoptive parent receives knowledge 19 of the death of the terminally ill parent, or the terminally 20 ill parent requests that a final judgment for adoption be 21 entered, the standby adoptive parent shall have 60 days to 22 apply for a judgment for adoption. 23 (750 ILCS 50/14) (from Ch. 40, par. 1517) 24 Sec. 14. Judgment. 25 (a) Prior to the entry of the judgment for order of 26 adoption in any case other than an adoption of a related 27 child or of an adult, each petitioner and each person, 28 agency, association, corporation, institution, society or 29 organization involved in the adoption of the child, except a 30 child welfare agency, shall execute an affidavit setting 31 forth the hospital and medical costs, legal fees, counseling 32 fees, and any other fees or expenditures paid in accordance HB2726 Enrolled -45- LRB9103037SMpr 1 with the Adoption Compensation Prohibition Act. 2 (b) Before the entry of the judgment for adoption, each 3 child welfare agency involved in the adoption of the child 4 shall file an affidavit concerning the costs, expenses, 5 contributions, fees, compensation, or other things of value 6 which have been given, promised, or received including but 7 not limited to hospital and medical costs, legal fees, social 8 services, living expenses, or any other expenses related to 9 the adoption paid in accordance with the Adoption 10 Compensation Prohibition Act. 11 If the total amount paid by the child welfare agency is 12 $4,500 or more, the affidavit shall contain an itemization of 13 expenditures. 14 If the total amount paid by the child welfare agency is 15 less than $4,500, the agency may file an unitemized affidavit 16 stating that the total amount paid is less than $4,500 unless 17 the court, in its discretion, requires that agency to file an 18 itemized affidavit. 19 (c) No affidavit need be filed in the case of an 20 adoption of a related child or an adult, nor shall an 21 affidavit be required to be filed by a non-consenting parent, 22 or by any judge, or clerk, involved in an official capacity 23 in the adoption proceedings. 24 (d) All affidavits filed in accordance with this Section 25 shall be under penalty of perjury and shall include, but are 26 not limited to, hospital and medical costs, legal fees, 27 social services, living expenses or any other expenses 28 related to the adoption or to the placement of the child, 29 whether or not the payments are permitted by applicable laws. 30 (e) Upon the expiration of 6 months after the date of 31 any interim order vesting temporary care, custody and control 32 of a child, other than a related child, in the petitioners, 33 entered pursuant to this Act, the petitioners may apply to 34 the court for a judgment of adoption. Notice of such HB2726 Enrolled -46- LRB9103037SMpr 1 application shall be served by the petitioners upon the 2 investigating agency or the person making such investigation, 3 and the guardian ad litem. After the hearing on such 4 application, at which the petitioners and the child shall 5 appear in person, unless their presence is waived by the 6 court for good cause shown, the court may enter a judgment 7 for adoption, provided the court is satisfied from the report 8 of the investigating agency or the person making the 9 investigation, and from the evidence, if any, introduced, 10 that the adoption is for the welfare of the child and that 11 there is a valid consent, or that no consent is required as 12 provided in Section 8 of this Act. 13 (f) A judgment for adoption of a related child, an 14 adult, or a child as to whose adoption an agency or person 15 authorized by law has the right of authority to consent may 16 be entered at any time after service of process and after the 17 return day designated therein. 18 (f-5) A standby adoption judgment may be entered upon 19 notice of the death of the terminally ill parent or upon the 20 terminally ill parent's request that a final judgment for 21 adoption be entered. The notice must be provided to the 22 court within 60 days after the standby adoptive parent's 23 receipt of knowledge of death of the terminally ill parent or 24 the terminally ill parent's request that a final judgment for 25 adoption be entered. If the court finds that adoption is for 26 the welfare of the child and that there is a valid consent, 27 including consent for standby adoption, which is still in 28 effect, or that no consent is required under Section 8 of the 29 Act, a judgment for adoption shall be entered unless the 30 court finds by clear and convincing evidence that it is no 31 longer in the best interest of the child for the adoption to 32 be finalized. 33 (g) No special findings of fact or certificate of 34 evidence shall be necessary in any case to support the HB2726 Enrolled -47- LRB9103037SMpr 1 judgment. 2 (h) Only the circuit court that entered the judgment of 3 the adoption may order the issuance of any contents of the 4 court file or that the original birth record of the adoptee 5 be provided to any persons. 6 (Source: P.A. 88-148.)