[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] | [ Enrolled ] |
91_HB2726sam001
LRB9103037SMdvam02
1 AMENDMENT TO HOUSE BILL 2726
2 AMENDMENT NO. . Amend House Bill 2726 by replacing
3 the title with the following:
4 "AN ACT to amend the Adoption Act by changing Sections 1,
5 5, 6, 7, 9, 10, 11, 13, and 14, and by adding Section 13.1.";
6 and
7 by replacing everything after the enacting clause with the
8 following:
9 "Section 5. The Adoption Act is amended by changing
10 Sections 1, 5, 6, 7, 9, 10, 11, 13, and 14 and by adding
11 Section 13.1 as follows:
12 (750 ILCS 50/1) (from Ch. 40, par. 1501)
13 Sec. 1. Definitions. When used in this Act, unless the
14 context otherwise requires:
15 A. "Child" means a person under legal age subject to
16 adoption under this Act.
17 B. "Related child" means a child subject to adoption
18 where either or both of the adopting parents stands in any of
19 the following relationships to the child by blood or
20 marriage: parent, grand-parent, brother, sister, step-parent,
21 step-grandparent, step-brother, step-sister, uncle, aunt,
-2- LRB9103037SMdvam02
1 great-uncle, great-aunt, or cousin of first degree. A child
2 whose parent has executed a final irrevocable consent to
3 adoption or a final irrevocable surrender for purposes of
4 adoption, or whose parent has had his or her parental rights
5 terminated, is not a related child to that person, unless the
6 consent is determined to be void or is void pursuant to
7 subsection O of Section 10.
8 C. "Agency" for the purpose of this Act means a public
9 child welfare agency or a licensed child welfare agency.
10 D. "Unfit person" means any person whom the court shall
11 find to be unfit to have a child, without regard to the
12 likelihood that the child will be placed for adoption. The
13 grounds of unfitness are any one or more of the following:
14 (a) Abandonment of the child.
15 (a-1) Abandonment of a newborn infant in a
16 hospital.
17 (a-2) Abandonment of a newborn infant in any
18 setting where the evidence suggests that the parent
19 intended to relinquish his or her parental rights.
20 (b) Failure to maintain a reasonable degree of
21 interest, concern or responsibility as to the child's
22 welfare.
23 (c) Desertion of the child for more than 3 months
24 next preceding the commencement of the Adoption
25 proceeding.
26 (d) Substantial neglect of the child if continuous
27 or repeated.
28 (d-1) Substantial neglect, if continuous or
29 repeated, of any child residing in the household which
30 resulted in the death of that child.
31 (e) Extreme or repeated cruelty to the child.
32 (f) Two or more findings of physical abuse to any
33 children under Section 4-8 of the Juvenile Court Act or
34 Section 2-21 of the Juvenile Court Act of 1987, the most
-3- LRB9103037SMdvam02
1 recent of which was determined by the juvenile court
2 hearing the matter to be supported by clear and
3 convincing evidence; a criminal conviction or a finding
4 of not guilty by reason of insanity resulting from the
5 death of any child by physical child abuse; or a finding
6 of physical child abuse resulting from the death of any
7 child under Section 4-8 of the Juvenile Court Act or
8 Section 2-21 of the Juvenile Court Act of 1987.
9 (g) Failure to protect the child from conditions
10 within his environment injurious to the child's welfare.
11 (h) Other neglect of, or misconduct toward the
12 child; provided that in making a finding of unfitness the
13 court hearing the adoption proceeding shall not be bound
14 by any previous finding, order or judgment affecting or
15 determining the rights of the parents toward the child
16 sought to be adopted in any other proceeding except such
17 proceedings terminating parental rights as shall be had
18 under either this Act, the Juvenile Court Act or the
19 Juvenile Court Act of 1987.
20 (i) Depravity. Conviction of any one of the
21 following crimes shall create a presumption that a parent
22 is depraved which can be overcome only by clear and
23 convincing evidence: (1) first degree murder in violation
24 of paragraph 1 or 2 of subsection (a) of Section 9-1 of
25 the Criminal Code of 1961 or conviction of second degree
26 murder in violation of subsection (a) of Section 9-2 of
27 the Criminal Code of 1961 of a parent of the child to be
28 adopted; (2) first degree murder or second degree murder
29 of any child in violation of the Criminal Code of 1961;
30 (3) attempt or conspiracy to commit first degree murder
31 or second degree murder of any child in violation of the
32 Criminal Code of 1961; (4) solicitation to commit murder
33 of any child, solicitation to commit murder of any child
34 for hire, or solicitation to commit second degree murder
-4- LRB9103037SMdvam02
1 of any child in violation of the Criminal Code of 1961;
2 or (5) aggravated criminal sexual assault in violation of
3 Section 12-14(b)(1) of the Criminal Code of 1961.
4 There is a rebuttable presumption that a parent is
5 depraved if the parent has been criminally convicted of
6 at least 3 felonies under the laws of this State or any
7 other state, or under federal law, or the criminal laws
8 of any United States territory; and at least one of these
9 convictions took place within 5 years of the filing of
10 the petition or motion seeking termination of parental
11 rights.
12 There is a rebuttable presumption that a parent is
13 depraved if that parent has been criminally convicted of
14 either first or second degree murder of any person as
15 defined in the Criminal Code of 1961 within 10 years of
16 the filing date of the petition or motion to terminate
17 parental rights.
18 (j) Open and notorious adultery or fornication.
19 (j-1) (Blank).
20 (k) Habitual drunkenness or addiction to drugs,
21 other than those prescribed by a physician, for at least
22 one year immediately prior to the commencement of the
23 unfitness proceeding.
24 There is a rebuttable presumption that a parent is
25 unfit under this subsection with respect to any child to
26 which that parent gives birth where there is a confirmed
27 test result that at birth the child's blood, urine, or
28 meconium contained any amount of a controlled substance
29 as defined in subsection (f) of Section 102 of the
30 Illinois Controlled Substances Act or metabolites of such
31 substances, the presence of which in the newborn infant
32 was not the result of medical treatment administered to
33 the mother or the newborn infant; and the biological
34 mother of this child is the biological mother of at least
-5- LRB9103037SMdvam02
1 one other child who was adjudicated a neglected minor
2 under subsection (c) of Section 2-3 of the Juvenile Court
3 Act of 1987.
4 (l) Failure to demonstrate a reasonable degree of
5 interest, concern or responsibility as to the welfare of
6 a new born child during the first 30 days after its
7 birth.
8 (m) Failure by a parent to make reasonable efforts
9 to correct the conditions that were the basis for the
10 removal of the child from the parent, or to make
11 reasonable progress toward the return of the child to the
12 parent within 9 months after an adjudication of neglected
13 or abused minor under Section 2-3 of the Juvenile Court
14 Act of 1987 or dependent minor under Section 2-4 of that
15 Act. If a service plan has been established as required
16 under Section 8.2 of the Abused and Neglected Child
17 Reporting Act to correct the conditions that were the
18 basis for the removal of the child from the parent and if
19 those services were available, then, for purposes of this
20 Act, "failure to make reasonable progress toward the
21 return of the child to the parent" includes the parent's
22 failure to substantially fulfill his or her obligations
23 under the service plan and correct the conditions that
24 brought the child into care within 9 months after the
25 adjudication under Section 2-3 or 2-4 of the Juvenile
26 Court Act of 1987.
27 (m-1) Pursuant to the Juvenile Court Act of 1987, a
28 child has been in foster care for 15 months out of any 22
29 month period which begins on or after the effective date
30 of this amendatory Act of 1998 unless the child's parent
31 can prove by a preponderance of the evidence that it is
32 more likely than not that it will be in the best
33 interests of the child to be returned to the parent
34 within 6 months of the date on which a petition for
-6- LRB9103037SMdvam02
1 termination of parental rights is filed under the
2 Juvenile Court Act of 1987. The 15 month time limit is
3 tolled during any period for which there is a court
4 finding that the appointed custodian or guardian failed
5 to make reasonable efforts to reunify the child with his
6 or her family, provided that (i) the finding of no
7 reasonable efforts is made within 60 days of the period
8 when reasonable efforts were not made or (ii) the parent
9 filed a motion requesting a finding of no reasonable
10 efforts within 60 days of the period when reasonable
11 efforts were not made. For purposes of this subdivision
12 (m-1), the date of entering foster care is the earlier
13 of: (i) the date of a judicial finding at an adjudicatory
14 hearing that the child is an abused, neglected, or
15 dependent minor; or (ii) 60 days after the date on which
16 the child is removed from his or her parent, guardian, or
17 legal custodian.
18 (n) Evidence of intent to forgo forego his or her
19 parental rights, whether or not the child is a ward of
20 the court, (1) as manifested by his or her failure for a
21 period of 12 months: (i) to visit the child, (ii) to
22 communicate with the child or agency, although able to do
23 so and not prevented from doing so by an agency or by
24 court order, or (iii) to maintain contact with or plan
25 for the future of the child, although physically able to
26 do so, or (2) as manifested by the father's failure,
27 where he and the mother of the child were unmarried to
28 each other at the time of the child's birth, (i) to
29 commence legal proceedings to establish his paternity
30 under the Illinois Parentage Act of 1984 or the law of
31 the jurisdiction of the child's birth within 30 days of
32 being informed, pursuant to Section 12a of this Act, that
33 he is the father or the likely father of the child or,
34 after being so informed where the child is not yet born,
-7- LRB9103037SMdvam02
1 within 30 days of the child's birth, or (ii) to make a
2 good faith effort to pay a reasonable amount of the
3 expenses related to the birth of the child and to provide
4 a reasonable amount for the financial support of the
5 child, the court to consider in its determination all
6 relevant circumstances, including the financial condition
7 of both parents; provided that the ground for termination
8 provided in this subparagraph (n)(2)(ii) shall only be
9 available where the petition is brought by the mother or
10 the husband of the mother.
11 Contact or communication by a parent with his or her
12 child that does not demonstrate affection and concern
13 does not constitute reasonable contact and planning under
14 subdivision (n). In the absence of evidence to the
15 contrary, the ability to visit, communicate, maintain
16 contact, pay expenses and plan for the future shall be
17 presumed. The subjective intent of the parent, whether
18 expressed or otherwise, unsupported by evidence of the
19 foregoing parental acts manifesting that intent, shall
20 not preclude a determination that the parent has intended
21 to forgo forego his or her parental rights. In making
22 this determination, the court may consider but shall not
23 require a showing of diligent efforts by an authorized
24 agency to encourage the parent to perform the acts
25 specified in subdivision (n).
26 It shall be an affirmative defense to any allegation
27 under paragraph (2) of this subsection that the father's
28 failure was due to circumstances beyond his control or to
29 impediments created by the mother or any other person
30 having legal custody. Proof of that fact need only be by
31 a preponderance of the evidence.
32 (o) Repeated or continuous failure by the parents,
33 although physically and financially able, to provide the
34 child with adequate food, clothing, or shelter.
-8- LRB9103037SMdvam02
1 (p) Inability to discharge parental
2 responsibilities supported by competent evidence from a
3 psychiatrist, licensed clinical social worker, or
4 clinical psychologist of mental impairment, mental
5 illness or mental retardation as defined in Section 1-116
6 of the Mental Health and Developmental Disabilities Code,
7 or developmental disability as defined in Section 1-106
8 of that Code, and there is sufficient justification to
9 believe that the inability to discharge parental
10 responsibilities shall extend beyond a reasonable time
11 period. However, this subdivision (p) shall not be
12 construed so as to permit a licensed clinical social
13 worker to conduct any medical diagnosis to determine
14 mental illness or mental impairment.
15 (q) The parent has been criminally convicted of
16 aggravated battery, heinous battery, or attempted murder
17 of any child.
18 (r) The child is in the temporary custody or
19 guardianship of the Department of Children and Family
20 Services, the parent is incarcerated as a result of
21 criminal conviction at the time the petition or motion
22 for termination of parental rights is filed, prior to
23 incarceration the parent had little or no contact with
24 the child or provided little or no support for the child,
25 and the parent's incarceration will prevent the parent
26 from discharging his or her parental responsibilities for
27 the child for a period in excess of 2 years after the
28 filing of the petition or motion for termination of
29 parental rights.
30 (s) The child is in the temporary custody or
31 guardianship of the Department of Children and Family
32 Services, the parent is incarcerated at the time the
33 petition or motion for termination of parental rights is
34 filed, the parent has been repeatedly incarcerated as a
-9- LRB9103037SMdvam02
1 result of criminal convictions, and the parent's repeated
2 incarceration has prevented the parent from discharging
3 his or her parental responsibilities for the child.
4 (t) A finding that at birth the child's blood,
5 urine, or meconium contained any amount of a controlled
6 substance as defined in subsection (f) of Section 102 of
7 the Illinois Controlled Substances Act, or a metabolite
8 of a controlled substance, with the exception of
9 controlled substances or metabolites of such substances,
10 the presence of which in the newborn infant was the
11 result of medical treatment administered to the mother or
12 the newborn infant, and that the biological mother of
13 this child is the biological mother of at least one other
14 child who was adjudicated a neglected minor under
15 subsection (c) of Section 2-3 of the Juvenile Court Act
16 of 1987, after which the biological mother had the
17 opportunity to enroll in and participate in a clinically
18 appropriate substance abuse counseling, treatment, and
19 rehabilitation program.
20 E. "Parent" means the father or mother of a legitimate
21 or illegitimate child. For the purpose of this Act, a person
22 who has executed a final and irrevocable consent to adoption
23 or a final and irrevocable surrender for purposes of
24 adoption, or whose parental rights have been terminated by a
25 court, is not a parent of the child who was the subject of
26 the consent or surrender, unless the consent is void pursuant
27 to subsection O of Section 10.
28 F. A person is available for adoption when the person
29 is:
30 (a) a child who has been surrendered for adoption
31 to an agency and to whose adoption the agency has
32 thereafter consented;
33 (b) a child to whose adoption a person authorized
34 by law, other than his parents, has consented, or to
-10- LRB9103037SMdvam02
1 whose adoption no consent is required pursuant to Section
2 8 of this Act;
3 (c) a child who is in the custody of persons who
4 intend to adopt him through placement made by his
5 parents;
6 (c-1) a child for whom a parent has signed a
7 specific consent pursuant to subsection O of Section 10;
8 or
9 (d) an adult who meets the conditions set forth in
10 Section 3 of this Act.
11 A person who would otherwise be available for adoption
12 shall not be deemed unavailable for adoption solely by reason
13 of his or her death.
14 G. The singular includes the plural and the plural
15 includes the singular and the "male" includes the "female",
16 as the context of this Act may require.
17 H. "Adoption disruption" occurs when an adoptive
18 placement does not prove successful and it becomes necessary
19 for the child to be removed from placement before the
20 adoption is finalized.
21 I. "Foreign placing agency" is an agency or individual
22 operating in a country or territory outside the United States
23 that is authorized by its country to place children for
24 adoption either directly with families in the United States
25 or through United States based international agencies.
26 J. "Immediate relatives" means the biological parents,
27 the parents of the biological parents and siblings of the
28 biological parents.
29 K. "Intercountry adoption" is a process by which a child
30 from a country other than the United States is adopted.
31 L. "Intercountry Adoption Coordinator" is a staff person
32 of the Department of Children and Family Services appointed
33 by the Director to coordinate the provision of services by
34 the public and private sector to prospective parents of
-11- LRB9103037SMdvam02
1 foreign-born children.
2 M. "Interstate Compact on the Placement of Children" is
3 a law enacted by most states for the purpose of establishing
4 uniform procedures for handling the interstate placement of
5 children in foster homes, adoptive homes, or other child care
6 facilities.
7 N. "Non-Compact state" means a state that has not
8 enacted the Interstate Compact on the Placement of Children.
9 O. "Preadoption requirements" are any conditions
10 established by the laws or regulations of the Federal
11 Government or of each state that must be met prior to the
12 placement of a child in an adoptive home.
13 P. "Abused child" means a child whose parent or
14 immediate family member, or any person responsible for the
15 child's welfare, or any individual residing in the same home
16 as the child, or a paramour of the child's parent:
17 (a) inflicts, causes to be inflicted, or allows to
18 be inflicted upon the child physical injury, by other
19 than accidental means, that causes death, disfigurement,
20 impairment of physical or emotional health, or loss or
21 impairment of any bodily function;
22 (b) creates a substantial risk of physical injury
23 to the child by other than accidental means which would
24 be likely to cause death, disfigurement, impairment of
25 physical or emotional health, or loss or impairment of
26 any bodily function;
27 (c) commits or allows to be committed any sex
28 offense against the child, as sex offenses are defined in
29 the Criminal Code of 1961 and extending those definitions
30 of sex offenses to include children under 18 years of
31 age;
32 (d) commits or allows to be committed an act or
33 acts of torture upon the child; or
34 (e) inflicts excessive corporal punishment.
-12- LRB9103037SMdvam02
1 Q. "Neglected child" means any child whose parent or
2 other person responsible for the child's welfare withholds or
3 denies nourishment or medically indicated treatment including
4 food or care denied solely on the basis of the present or
5 anticipated mental or physical impairment as determined by a
6 physician acting alone or in consultation with other
7 physicians or otherwise does not provide the proper or
8 necessary support, education as required by law, or medical
9 or other remedial care recognized under State law as
10 necessary for a child's well-being, or other care necessary
11 for his or her well-being, including adequate food, clothing
12 and shelter; or who is abandoned by his or her parents or
13 other person responsible for the child's welfare.
14 A child shall not be considered neglected or abused for
15 the sole reason that the child's parent or other person
16 responsible for his or her welfare depends upon spiritual
17 means through prayer alone for the treatment or cure of
18 disease or remedial care as provided under Section 4 of the
19 Abused and Neglected Child Reporting Act.
20 R. "Putative father" means a man who may be a child's
21 father, but who (1) is not married to the child's mother on
22 or before the date that the child was or is to be born and
23 (2) has not established paternity of the child in a court
24 proceeding before the filing of a petition for the adoption
25 of the child. The term includes a male who is less than 18
26 years of age. "Putative father" does not mean a man who is
27 the child's father as a result of criminal sexual abuse or
28 assault as defined under Article 12 of the Criminal Code of
29 1961.
30 S. "Standby adoption" means an adoption in which a
31 terminally ill parent consents to custody and termination of
32 parental rights to become effective upon the occurrence of a
33 future event, which is either the death of the terminally ill
34 parent or the request of the parent for the entry of a final
-13- LRB9103037SMdvam02
1 judgment of adoption.
2 T. "Terminally ill parent" means a person who has a
3 medical prognosis by a physician licensed to practice
4 medicine in all of its branches that the person has an
5 incurable and irreversible condition which will lead to
6 death.
7 (Source: P.A. 89-235, eff. 8-4-95; 89-704, eff. 8-16-97
8 (changed from 1-1-98 by P.A. 90-443); 90-13, eff. 6-13-97;
9 90-15, eff. 6-13-97; 90-27, eff. 1-1-98 except subdiv. (D)(m)
10 eff. 6-25-97; 90-28, eff. 1-1-98 except subdiv. (D)(m) eff.
11 6-25-97; 90-443, eff. 8-16-97; 90-608, eff. 6-30-98; 90-655,
12 eff. 7-30-98; revised 10-31-98.)
13 (750 ILCS 50/5) (from Ch. 40, par. 1507)
14 Sec. 5. Petition, contents, verification, filing.
15 A. A proceeding to adopt a child, other than a related
16 child, shall be commenced by the filing of a petition within
17 30 days after such child has become available for adoption,
18 provided that such petition may be filed at a later date by
19 leave of court upon a showing that the failure to file such
20 petition within such 30 day period was not due to the
21 petitioners' culpable negligence or their wilful disregard of
22 the provisions of this Section. In the case of a child born
23 outside the United States or a territory thereof, if the
24 prospective adoptive parents of such child have been
25 appointed guardians of such child by a court of competent
26 jurisdiction in a country other than the United States or a
27 territory thereof, such parents shall file a petition as
28 provided in this Section within 30 days after entry of the
29 child into the United States. A petition to adopt an adult
30 or a related child may be filed at any time. A petition for
31 adoption may include more than one person sought to be
32 adopted.
33 B. A petition to adopt a child other than a related
-14- LRB9103037SMdvam02
1 child shall state:
2 (a) The full names of the petitioners and, if
3 minors, their respective ages;
4 (b) The place of residence of the petitioners and
5 the length of residence of each in the State of Illinois
6 immediately preceding the filing of the petition;
7 (c) When the petitioners acquired, or intend to
8 acquire, custody of the child, and the name and address
9 of the persons or agency from whom the child was or will
10 be received;
11 (d) The name, the place and date of birth if known,
12 and the sex of the child sought to be adopted;
13 (e) The relationship, if any, of the child to each
14 petitioner;
15 (f) The names, if known, and the place of
16 residence, if known, of the parents; and whether such
17 parents are minors, or otherwise under any legal
18 disability. The names and addresses of the parents shall
19 be omitted and they shall not be made parties defendant
20 to the petition if (1) the rights of the parents have
21 been terminated by a court of competent jurisdiction, or
22 (2) if the child has been surrendered to an agency, or
23 (3) if the parent or parents have been served with the
24 notice provided in Section 12a of this Act and said
25 parent or parents have filed a disclaimer of paternity as
26 therein provided or have failed to file such declaration
27 of paternity or a request for notice as provided in said
28 Section; .
29 (g) If it is alleged that the child has no living
30 parent, then the name of the guardian, if any, of such
31 child and the court which appointed such guardian;
32 (h) If it is alleged that the child has no living
33 parent and that no guardian of such child is known to
34 petitioners, then the name of a near relative, if known,
-15- LRB9103037SMdvam02
1 shall be set forth, or an allegation that no near
2 relative is known and on due inquiry cannot be
3 ascertained by petitioners; :
4 (i) The name to be given the child or adult;
5 (j) That the person or agency, having authority to
6 consent under Section 8 of this Act, has consented, or
7 has indicated willingness to consent, to the adoption of
8 the child by the petitioners, or that the person having
9 authority to consent is an unfit person and the ground
10 therefor, or that no consent is required under paragraph
11 (f) of Section 8 of this Act;
12 (k) Whatever orders, judgments or decrees have
13 heretofore been entered by any court affecting (1)
14 adoption or custody of the child, or (2) the adoptive,
15 custodial or parental rights of either petitioner,
16 including the prior denial of any petition for adoption
17 pertaining to such child, or to the petitioners, or
18 either of them.
19 C. A petition to adopt a related child shall include the
20 information specified in sub-paragraphs (a), (b), (d), (e),
21 (f), (i) and (k) of paragraph B and a petition to adopt an
22 adult shall contain the information required by
23 sub-paragraphs (a), (b) and (i) of paragraph B in addition to
24 the name, place, date of birth and sex of such adult.
25 D. The petition shall be verified by the petitioners.
26 E. Upon the filing of the petition the petitioners shall
27 furnish the Clerk of the Court in which the petition is
28 pending such information not contained in such petition as
29 shall be necessary to enable the Clerk of such Court to
30 complete a certificate of adoption as hereinafter provided.
31 F. A petition for standby adoption shall conform to the
32 requirements of this Act with respect to petition contents,
33 verification, and filing. The petition for standby adoption
34 shall also state the facts concerning the consent of the
-16- LRB9103037SMdvam02
1 child's parent to the standby adoption. A petition for
2 standby adoption shall include the information in paragraph B
3 if the petitioner seeks to adopt a child other than a related
4 child. A petition for standby adoption shall include the
5 information in paragraph C if the petitioner seeks to adopt a
6 related child or adult.
7 (Source: P.A. 87-1129; 88-148; revised 10-31-98.)
8 (750 ILCS 50/6) (from Ch. 40, par. 1508)
9 Sec. 6. A. Investigation; all cases. Within 10 days
10 after the filing of a petition for the adoption or standby
11 adoption of a child other than a related child, the court
12 shall appoint a child welfare agency approved by the
13 Department of Children and Family Services or a probation
14 officer of the court, or in Cook County the Court Services
15 Division of the Cook County Department of Public Aid, or the
16 Department of Children and Family Services if the court
17 determines that no child welfare agency is available or that
18 the petitioner is financially unable to pay for the
19 investigation, to investigate accurately, fully and promptly,
20 the allegations contained in the petition; the character,
21 reputation, health and general standing in the community of
22 the petitioners; the religious faith of the petitioners and,
23 if ascertainable, of the child sought to be adopted; and
24 whether the petitioners are proper persons to adopt the child
25 and whether the child is a proper subject of adoption. The
26 investigation required under this Section shall include a
27 criminal background check with a review of fingerprints by
28 State and federal authorities. The criminal background check
29 required by this Section shall include a listing of when,
30 where and by whom the criminal background check was prepared.
31 The criminal background check required by this Section shall
32 not be more than two years old.
33 Neither a clerk of the circuit court nor a judge may
-17- LRB9103037SMdvam02
1 require that a criminal background check or fingerprint
2 review be filed with, or at the same time as, an initial
3 petition for adoption.
4 B. Investigation; foreign-born child. In the case of a
5 child born outside the United States or a territory thereof,
6 in addition to the investigation required under subsection
7 (A) of this Section, a post-placement investigation shall be
8 conducted in accordance with the requirements of the Child
9 Care Act of 1969, the Interstate Compact on the Placement of
10 Children, and regulations of the foreign placing agency and
11 the supervising agency.
12 The requirements of a post-placement investigation shall
13 be deemed to have been satisfied if a valid final order or
14 judgment of adoption has been entered by a court of competent
15 jurisdiction in a country other than the United States or a
16 territory thereof with respect to such child and the
17 petitioners.
18 C. Report of investigation. The court shall determine
19 whether the costs of the investigation shall be charged to
20 the petitioners. The information obtained as a result of such
21 investigation shall be presented to the court in a written
22 report. The results of the criminal background check required
23 under subsection (A) shall be provided to the court for its
24 review. The court may, in its discretion, weigh the
25 significance of the results of the criminal background check
26 against the entirety of the background of the petitioners.
27 The Court, in its discretion, may accept the report of the
28 investigation previously made by a licensed child welfare
29 agency, if made within one year prior to the entry of the
30 judgment. Such report shall be treated as confidential and
31 withheld from inspection unless findings adverse to the
32 petitioners or to the child sought to be adopted are
33 contained therein, and in that event the court shall inform
34 the petitioners of the relevant portions pertaining to the
-18- LRB9103037SMdvam02
1 adverse findings. In no event shall any facts set forth in
2 the report be considered at the hearing of the proceeding,
3 unless established by competent evidence. The report shall be
4 filed with the record of the proceeding. If the file
5 relating to the proceeding is not impounded, the report shall
6 be impounded by the clerk of the court and shall be made
7 available for inspection only upon order of the court.
8 D. Related adoption. Such investigation shall not be
9 made when the petition seeks to adopt a related child or an
10 adult unless the court, in its discretion, shall so order. In
11 such an event the court may appoint a person deemed competent
12 by the court.
13 (Source: P.A. 87-1129; 88-148.)
14 (750 ILCS 50/7) (from Ch. 40, par. 1509)
15 Sec. 7. Process.
16 A. All persons named in the petition for adoption or
17 standby adoption, other than the petitioners and any party
18 who has previously either denied being a parent pursuant to
19 Section 12a of this Act or whose rights have been terminated
20 pursuant to Section 12a of this Act, but including the person
21 sought to be adopted, shall be made parties defendant by
22 name, and if the name or names of any such persons are
23 alleged in the petition to be unknown such persons shall be
24 made parties defendant under the name and style of "All whom
25 it may concern". In all such actions petitioner or his
26 attorney shall file, at the office of the clerk of the court
27 in which the action is pending, an affidavit showing that the
28 defendant resides or has gone out of this State, or on due
29 inquiry cannot be found, or is concealed within this State,
30 so that process cannot be served upon him, and stating the
31 place of residence of the defendant, if known, or that upon
32 diligent inquiry his place of residence cannot be
33 ascertained, the clerk shall cause publication to be made in
-19- LRB9103037SMdvam02
1 some newspaper published in the county in which the action is
2 pending. If there is no newspaper published in that county,
3 then the publication shall be in a newspaper published in an
4 adjoining county in this State, having a circulation in the
5 county in which such action is pending. In the event there is
6 service on any of the parties by publication, the publication
7 shall contain notice of pendency of the action, the name of
8 the person to be adopted and the name of the parties to be
9 served by publication, and the date on or after which default
10 may be entered against such parties. Neither the name of
11 petitioners nor the name of any party who has either
12 surrendered said child, has given their consent to the
13 adoption of the child, or whose parental rights have been
14 terminated by a court of competent jurisdiction shall be
15 included in the notice of publication. The Clerk shall also,
16 within ten (10) days of the first publication of the notice,
17 send a copy thereof by mail, addressed to each defendant
18 whose place of residence is stated in such affidavit. The
19 certificate of the Clerk that he sent the copies pursuant to
20 this section is evidence that he has done so. Except as
21 provided in this section pertaining to service by
22 publication, all parties defendant shall be notified of the
23 proceedings in the same manner as is now or may hereafter be
24 required in other civil cases or proceedings. Any party
25 defendant who is of age of 14 years or upward may waive
26 service of process by entering an appearance in writing. The
27 form to be used for publication shall be substantially as
28 follows: "ADOPTION NOTICE - STATE OF ILLINOIS, County of
29 ...., ss. - Circuit Court of .... County. In the matter of
30 the Petition for the Adoption of ...., a ..male child.
31 Adoption No. ..... To-- .... (whom it may concern or the
32 named parent) Take notice that a petition was filed in the
33 Circuit Court of .... County, Illinois, for the adoption of a
34 child named ..... Now, therefore, unless you ...., and all
-20- LRB9103037SMdvam02
1 whom it may concern, file your answer to the Petition in the
2 action or otherwise file your appearance therein, in the said
3 Circuit Court of ...., County, Room ...., ...., in the City
4 of ...., Illinois, on or before the .... day of ...., a
5 default may be entered against you at any time after that day
6 and a judgment entered in accordance with the prayer of said
7 Petition. Dated, ...., Illinois, .... ...., Clerk. (Name and
8 address of attorney for petitioners.)
9 B. A minor defendant who has been served in accordance
10 with this Section may be defaulted in the same manner as any
11 other defendant.
12 C. Notwithstanding any inconsistent provision of this or
13 any other law, and in addition to the notice requirements of
14 any law pertaining to persons other than those specified in
15 this subsection, the persons entitled to notice that a
16 petition has been filed under Section 5 of this Act shall
17 include:
18 (a) any person adjudicated by a court in this State
19 to be the father of the child;
20 (b) any person adjudicated by a court of another
21 state or territory of the United States to be the father
22 of the child, when a certified copy of the court order
23 has been filed with the Putative Father Registry under
24 Section 12.1 of this Act;
25 (c) any person who at the time of the filing of the
26 petition is registered in the Putative Father Registry
27 under Section 12.1 of this Act as the putative father of
28 the child;
29 (d) any person who is recorded on the child's birth
30 certificate as the child's father;
31 (e) any person who is openly living with the child
32 or the child's mother at the time the proceeding is
33 initiated and who is holding himself out to be the
34 child's father;
-21- LRB9103037SMdvam02
1 (f) any person who has been identified as the
2 child's father by the mother in a written, sworn
3 statement, including an Affidavit of Identification as
4 specified under Section 11 of this Act;
5 (g) any person who was married to the child's
6 mother on the date of the child's birth or within 300
7 days prior to the child's birth.
8 The sole purpose of notice under this Section shall be to
9 enable the person receiving notice to appear in the adoption
10 proceedings to present evidence to the court relevant to the
11 best interests of the child.
12 (Source: P.A. 89-315, eff. 1-1-96.)
13 (750 ILCS 50/9) (from Ch. 40, par. 1511)
14 Sec. 9. Time for taking a consent or surrender.
15 A. A consent or a surrender taken not less than 72 hours
16 after the birth of the child is irrevocable except as
17 provided in Section 11 of this Act.
18 B. No consent or surrender shall be taken within the 72
19 hour period immediately following the birth of the child.
20 C. A consent or a surrender may be taken from the father
21 prior to the birth of the child. Such consent or surrender
22 shall be revoked if, within 72 hours after the birth of the
23 child, the father who gave such consent or surrender,
24 notifies in writing the person, agency or court
25 representative who took the surrender or consent or any
26 individual representing or connected with such person, agency
27 or court representative of the revocation of the consent or
28 surrender.
29 D. Any consent or surrender taken in accordance with
30 paragraph C above which is not revoked within 72 hours after
31 the birth of the child is irrevocable except as provided in
32 Section 11 of this Act.
33 E. Consent may be given to a standby adoption by a
-22- LRB9103037SMdvam02
1 terminally ill parent whose consent is required pursuant to
2 Section 8 of this Act to become effective when the terminally
3 ill parent of the child dies or that parent requests that the
4 final judgment of adoption be entered.
5 (Source: P.A. 78-854.)
6 (750 ILCS 50/10) (from Ch. 40, par. 1512)
7 Sec. 10. Forms of consent and surrender; execution and
8 acknowledgment thereof.
9 A. The form of consent required for the adoption of a
10 born child shall be substantially as follows:
11 FINAL AND IRREVOCABLE CONSENT TO ADOPTION
12 I, ...., (relationship, e.g., mother, father, relative,
13 guardian) of ...., a ..male child, state:
14 That such child was born on .... at ....
15 That I reside at ...., County of .... and State of ....
16 That I am of the age of .... years.
17 That I hereby enter my appearance in this proceeding and
18 waive service of summons on me.
19 That I do hereby consent and agree to the adoption of
20 such child.
21 That I wish to and understand that by signing this
22 consent I do irrevocably and permanently give up all custody
23 and other parental rights I have to such child.
24 That I understand such child will be placed for adoption
25 and that I cannot under any circumstances, after signing this
26 document, change my mind and revoke or cancel this consent or
27 obtain or recover custody or any other rights over such
28 child. That I have read and understand the above and I am
29 signing it as my free and voluntary act.
30 Dated (insert date).
31 this .... day of ...., 19....
32 .........................
33 If under Section 8 the consent of more than one person is
-23- LRB9103037SMdvam02
1 required, then each such person shall execute a separate
2 consent.
3 B. The form of consent required for the adoption of an
4 unborn child shall be substantially as follows:
5 CONSENT TO ADOPTION OF UNBORN CHILD
6 I, ...., state:
7 That I am the father of a child expected to be born on or
8 about .... to .... (name of mother).
9 That I reside at .... County of ...., and State of .....
10 That I am of the age of .... years.
11 That I hereby enter my appearance in such adoption
12 proceeding and waive service of summons on me.
13 That I do hereby consent and agree to the adoption of
14 such child, and that I have not previously executed a consent
15 or surrender with respect to such child.
16 That I wish to and do understand that by signing this
17 consent I do irrevocably and permanently give up all custody
18 and other parental rights I have to such child, except that I
19 have the right to revoke this consent by giving written
20 notice of my revocation not later than 72 hours after the
21 birth of the child.
22 That I understand such child will be placed for adoption
23 and that, except as hereinabove provided, I cannot under any
24 circumstances, after signing this document, change my mind
25 and revoke or cancel this consent or obtain or recover
26 custody or any other rights over such 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 B-5. (1) The parent of a child may execute a consent to
32 standby adoption by a specified person or persons. A consent
33 under this subsection B-5 shall be acknowledged by a parent
34 pursuant to subsection H and subsection K of this Section.
-24- LRB9103037SMdvam02
1 The form of consent required for the standby adoption of a
2 born child effective at a future date when the terminally ill
3 parent of the child dies or requests that a final judgment of
4 adoption be entered shall be substantially as follows:
5 FINAL AND IRREVOCABLE CONSENT
6 TO STANDBY ADOPTION
7 I, ..., (relationship, e.g. mother or father) of ...., a
8 ..male child, state:
9 That the 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 hereby enter my appearance in this proceeding and
13 waive service of summons on me in this action only.
14 That I do hereby consent and agree to the standby
15 adoption of the child, and that I have not previously
16 executed a consent or surrender with respect to the child.
17 That (I am terminally ill) (the child's other parent is
18 terminally ill).
19 That I wish to and understand that by signing this
20 consent I do irrevocably and permanently give up all custody
21 and other parental rights I have to the child, effective upon
22 (my death) (the child's other parent's death) or upon (my)
23 (the terminally ill parent's) request for the entry of a
24 final judgment for adoption if ..... (specified person or
25 persons) adopt my child.
26 That I understand that until (I die) (the child's other
27 parent dies), I retain all legal rights and obligations
28 concerning the child, but at that time, I irrevocably give
29 all custody and other parental rights to .... (specified
30 person or persons).
31 I understand my child will be adopted by .......
32 (specified person or persons) only and that I cannot, under
33 any circumstances, after signing this document, change my
34 mind and revoke or cancel this consent or obtain or recover
-25- LRB9103037SMdvam02
1 custody or any other rights over my child if ..... (specified
2 person or persons) adopt my child.
3 I understand that this consent to standby adoption is
4 valid only if the petition for standby adoption is filed and
5 that if ....... (specified person or persons), for any
6 reason, cannot or will not file a petition for standby
7 adoption or if his, her, or their petition for standby
8 adoption is denied, then this consent is void. I have the
9 right to notice of any other proceeding that could affect my
10 parental rights.
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).
14 ....................
15 If under Section 8 the consent of more than one person is
16 required, then each such person shall execute a separate
17 consent. A separate consent shall be executed for each
18 child.
19 (2) If the parent consents to a standby adoption by 2
20 specified persons, then the form shall contain 2 additional
21 paragraphs in substantially the following form:
22 If .... (specified persons) obtain a judgment of
23 dissolution of marriage before the judgment for adoption is
24 entered, then ..... (specified person) shall adopt my child.
25 I understand that I cannot change my mind and revoke this
26 consent or obtain or recover custody of my child if .....
27 (specified persons) obtain a judgment of dissolution of
28 marriage and ..... (specified person) adopts my child. I
29 understand that I cannot change my mind and revoke this
30 consent if ...... (specified persons) obtain a judgment of
31 dissolution of marriage before the adoption is final. I
32 understand that this consent to adoption has no effect on who
33 will get custody of my child if ..... (specified persons)
34 obtain a judgment of dissolution of marriage after the
-26- LRB9103037SMdvam02
1 adoption is final. I understand that if either .....
2 (specified persons) dies before the petition to adopt my
3 child is granted, then the surviving person may adopt my
4 child. I understand that I cannot change my mind and revoke
5 this consent or obtain or recover custody of my child if the
6 surviving person adopts my child.
7 A consent to standby adoption by specified persons on
8 this form shall have no effect on a court's determination of
9 custody or visitation under the Illinois Marriage and
10 Dissolution of Marriage Act if the marriage of the specified
11 persons is dissolved before the adoption is final.
12 (3) The form of the certificate of acknowledgement for a
13 Final and Irrevocable Consent for Standby Adoption shall be
14 substantially as follows:
15 STATE OF .....)
16 ) SS.
17 COUNTY OF ....)
18 I, ....... (name of Judge or other person) .....
19 (official title, name, and address), certify that .......,
20 personally known to me to be the same person whose name is
21 subscribed to the foregoing Final and Irrevocable Consent to
22 Standby Adoption, appeared before me this day in person and
23 acknowledged that (she) (he) signed and delivered the consent
24 as (her) (his) free and voluntary act, for the specified
25 purpose.
26 I have fully explained that this consent to adoption is
27 valid only if the petition to adopt is filed, and that if the
28 specified person or persons, for any reason, cannot or will
29 not adopt the child or if the adoption petition is denied,
30 then this consent will be void. I have fully explained that
31 if the specified person or persons adopt the child, by
32 signing this consent (she) (he) is irrevocably and
33 permanently relinquishing all parental rights to the child,
-27- LRB9103037SMdvam02
1 and (she) (he) has stated that such is (her) (his) intention
2 and desire.
3 Dated (insert date).
4 Signature..............................
5 (4) If a consent to standby adoption is executed in this
6 form, the consent shall be valid only if the specified person
7 or persons adopt the child. The consent shall be void if:
8 (a) the specified person or persons do not file a
9 petition for standby adoption of the child; or
10 (b) a court denies the standby adoption petition.
11 The parent shall not need to take further action to
12 revoke the consent if the standby adoption by the specified
13 person or persons does not occur, notwithstanding the
14 provisions of Section 11 of this Act.
15 C. The form of surrender to any agency given by a parent
16 of a born child who is to be subsequently placed for adoption
17 shall be substantially as follows and shall contain such
18 other facts and statements as the particular agency shall
19 require.
20 FINAL AND IRREVOCABLE SURRENDER
21 FOR PURPOSES OF ADOPTION
22 I, .... (relationship, e.g., mother, father, relative,
23 guardian) of ...., a ..male child, state:
24 That such child was born on ...., at .....
25 That I reside at ...., County of ...., and State of .....
26 That I am of the age of .... years.
27 That I do hereby surrender and entrust the entire custody
28 and control of such child to the .... (the "Agency"), a
29 (public) (licensed) child welfare agency with its principal
30 office in the City of ...., County of .... and State of ....,
31 for the purpose of enabling it to care for and supervise the
32 care of such child, to place such child for adoption and to
33 consent to the legal adoption of such child.
34 That I hereby grant to the Agency full power and
-28- LRB9103037SMdvam02
1 authority to place such child with any person or persons it
2 may in its sole discretion select to become the adopting
3 parent or parents and to consent to the legal adoption of
4 such child by such person or persons; and to take any and all
5 measures which, in the judgment of the Agency, may be for the
6 best interests of such child, including authorizing medical,
7 surgical and dental care and treatment including inoculation
8 and anaesthesia for such child.
9 That I wish to and understand that by signing this
10 surrender I do irrevocably and permanently give up all
11 custody and other parental rights I have to such child.
12 That I understand I cannot under any circumstances, after
13 signing this surrender, change my mind and revoke or cancel
14 this surrender or obtain or recover custody or any other
15 rights over such child.
16 That I have read and understand the above and I am
17 signing it as my free and voluntary act.
18 Dated (insert date). this .... day of ...., 19...
19 ........................
20 D. The form of surrender to an agency given by a parent
21 of an unborn child who is to be subsequently placed for
22 adoption shall be substantially as follows and shall contain
23 such other facts and statements as the particular agency
24 shall require.
25 SURRENDER OF UNBORN CHILD FOR
26 PURPOSES OF ADOPTION
27 I, .... (father), state:
28 That I am the father of a child expected to be born on or
29 about .... to .... (name of mother).
30 That I reside at ...., County of ...., and State of .....
31 That I am of the age of .... years.
32 That I do hereby surrender and entrust the entire custody
33 and control of such child to the .... (the "Agency"), a
34 (public) (licensed) child welfare agency with its principal
-29- LRB9103037SMdvam02
1 office in the City of ...., County of .... and State of ....,
2 for the purpose of enabling it to care for and supervise the
3 care of such child, to place such child for adoption and to
4 consent to the legal adoption of such child, and that I have
5 not previously executed a consent or surrender with respect
6 to such child.
7 That I hereby grant to the Agency full power and
8 authority to place such child with any person or persons it
9 may in its sole discretion select to become the adopting
10 parent or parents and to consent to the legal adoption of
11 such child by such person or persons; and to take any and all
12 measures which, in the judgment of the Agency, may be for the
13 best interests of such child, including authorizing medical,
14 surgical and dental care and treatment, including inoculation
15 and anaesthesia for such child.
16 That I wish to and understand that by signing this
17 surrender I do irrevocably and permanently give up all
18 custody and other parental rights I have to such child.
19 That I understand I cannot under any circumstances, after
20 signing this surrender, change my mind and revoke or cancel
21 this surrender or obtain or recover custody or any other
22 rights over such child, except that I have the right to
23 revoke this surrender by giving written notice of my
24 revocation not later than 72 hours after the birth of such
25 child.
26 That 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 ...., 19...
29 ........................
30 E. The form of consent required from the parents for the
31 adoption of an adult, when such adult elects to obtain such
32 consent, shall be substantially as follows:
33 CONSENT
34 I, ...., (father) (mother) of ...., an adult, state:
-30- LRB9103037SMdvam02
1 That I reside at ...., County of .... and State of .....
2 That I do hereby consent and agree to the adoption of
3 such adult by .... and .....
4 Dated (insert date). this .... day of .......... 19
5 .........................
6 F. The form of consent required for the adoption of a
7 child of the age of 14 years or upwards, or of an adult, to
8 be given by such person, shall be substantially as follows:
9 CONSENT
10 I, ...., state:
11 That I reside at ...., County of .... and State of .....
12 That I am of the age of .... years. That I consent and agree
13 to my adoption by .... and .....
14 Dated (insert date). this .... day of ......., 19...
15 ........................
16 G. The form of consent given by an agency to the
17 adoption by specified persons of a child previously
18 surrendered to it shall set forth that the agency has the
19 authority to execute such consent. The form of consent given
20 by a guardian of the person of a child sought to be adopted,
21 appointed by a court of competent jurisdiction, shall set
22 forth the facts of such appointment and the authority of the
23 guardian to execute such consent.
24 H. A consent (other than that given by an agency, or
25 guardian of the person of the child sought to be adopted
26 appointed by a court of competent jurisdiction) shall be
27 acknowledged by a parent before the presiding judge of the
28 court in which the petition for adoption has been, or is to
29 be filed or before any other judge or hearing officer
30 designated or subsequently approved by the court, or the
31 circuit clerk if so authorized by the presiding judge or,
32 except as otherwise provided in this Act, before a
33 representative of the Department of Children and Family
34 Services or a licensed child welfare agency, or before social
-31- LRB9103037SMdvam02
1 service personnel under the jurisdiction of a court of
2 competent jurisdiction, or before social service personnel of
3 the Cook County Department of Supportive Services designated
4 by the presiding judge.
5 I. A surrender, or any other document equivalent to a
6 surrender, by which a child is surrendered to an agency shall
7 be acknowledged by the person signing such surrender, or
8 other document, before a judge or hearing officer or the
9 clerk of any court of record, either in this State or any
10 other state of the United States, or before a representative
11 of an agency or before any other person designated or
12 approved by the presiding judge of the court in which the
13 petition for adoption has been, or is to be, filed.
14 J. The form of the certificate of acknowledgment for a
15 consent, a surrender, or any other document equivalent to a
16 surrender, shall be substantially as follows:
17 STATE OF ....)
18 ) SS.
19 COUNTY OF ...)
20 I, .... (Name of judge or other person), .... (official
21 title, name and location of court or status or position of
22 other person), certify that ...., personally known to me to
23 be the same person whose name is subscribed to the foregoing
24 (consent) (surrender), appeared before me this day in person
25 and acknowledged that (she) (he) signed and delivered such
26 (consent) (surrender) as (her) (his) free and voluntary act,
27 for the specified purpose.
28 I have fully explained that by signing such (consent)
29 (surrender) (she) (he) is irrevocably relinquishing all
30 parental rights to such child or adult and (she) (he) has
31 stated that such is (her) (his) intention and desire.
32 Dated (insert date). 19
33 Signature ...............
34 K. When the execution of a consent or a surrender is
-32- LRB9103037SMdvam02
1 acknowledged before someone other than a judge or the clerk
2 of a court of record, such other person shall have his
3 signature on the certificate acknowledged before a notary
4 public, in form substantially as follows:
5 STATE OF ....)
6 ) SS.
7 COUNTY OF ...)
8 I, a Notary Public, in and for the County of ......, in
9 the State of ......, certify that ...., personally known to
10 me to be the same person whose name is subscribed to the
11 foregoing certificate of acknowledgment, appeared before me
12 in person and acknowledged that (she) (he) signed such
13 certificate as (her) (his) free and voluntary act and that
14 the statements made in the certificate are true.
15 Dated (insert date). ......... 19...
16 Signature ...................... Notary Public
17 (official seal)
18 There shall be attached a certificate of magistracy, or
19 other comparable proof of office of the notary public
20 satisfactory to the court, to a consent signed and
21 acknowledged in another state.
22 L. A surrender or consent executed and acknowledged
23 outside of this State, either in accordance with the law of
24 this State or in accordance with the law of the place where
25 executed, is valid.
26 M. Where a consent or a surrender is signed in a foreign
27 country, the execution of such consent shall be acknowledged
28 or affirmed in a manner conformable to the law and procedure
29 of such country.
30 N. If the person signing a consent or surrender is in
31 the military service of the United States, the execution of
32 such consent or surrender may be acknowledged before a
33 commissioned officer and the signature of such officer on
34 such certificate shall be verified or acknowledged before a
-33- LRB9103037SMdvam02
1 notary public or by such other procedure as is then in effect
2 for such division or branch of the armed forces.
3 O. (1) The parent or parents of a child in whose
4 interests a petition under Section 2-13 of the Juvenile Court
5 Act of 1987 is pending may, with the approval of the
6 designated representative of the Department of Children and
7 Family Services, execute a consent to adoption by a specified
8 person or persons:
9 (a) in whose physical custody the child has resided
10 for at least one year; or
11 (b) in whose physical custody at least one sibling
12 of the child who is the subject of this consent has
13 resided for at least one year, and the child who is the
14 subject of this consent is currently residing in this
15 foster home; or
16 (c) in whose physical custody a child under one
17 year of age has resided for at least 3 months.
18 A consent under this subsection O shall be acknowledged by a
19 parent pursuant to subsection H and subsection K of this
20 Section.
21 (2) The consent to adoption by a specified person or
22 persons shall have the caption of the proceeding in which it
23 is to be filed and shall be substantially as follows:
24 FINAL AND IRREVOCABLE CONSENT TO ADOPTION BY
25 A SPECIFIED PERSON OR PERSONS
26 I, ......................................, the
27 .................. (mother or father) of a ....male child,
28 state:
29 1. My child ............................ (name of
30 child) was born on (insert date) ............, ...... at
31 .................... Hospital in ................ County,
32 State of ...............
33 2. I reside at ......................, County of
34 ............. and State of ..............
-34- LRB9103037SMdvam02
1 3. I, ..........................., am .... years
2 old.
3 4. I enter my appearance in this action to adopt my
4 child by the person or persons specified herein by me and
5 waive service of summons on me in this action only.
6 5. I consent to the adoption of my child by
7 ............................. (specified person or
8 persons) only.
9 6. I wish to sign this consent and I understand
10 that by signing this consent I irrevocably and
11 permanently give up all parental rights I have to my
12 child if my child is adopted by
13 ............................. (specified person or
14 persons).
15 7. I understand my child will be adopted by
16 ............................. (specified person or
17 persons) only and that I cannot under any circumstances,
18 after signing this document, change my mind and revoke or
19 cancel this consent or obtain or recover custody or any
20 other rights over my child if
21 ............................ (specified person or
22 persons) adopt my child.
23 8. I understand that this consent to adoption is
24 valid only if the petition to adopt is filed within one
25 year from the date that I sign it and that if
26 ....................... (specified person or persons),
27 for any reason, cannot or will not file a petition to
28 adopt my child within that one year period or if their
29 adoption petition is denied, then this consent will be
30 void. I have the right to notice of any other proceeding
31 that could affect my parental rights, except for the
32 proceeding for ............. (specified person or
33 persons) to adopt my child.
34 9. I have read and understand the above and I am
-35- LRB9103037SMdvam02
1 signing it as my free and voluntary act.
2 Dated (insert date). this ..... day of .....,
3 .......
4 .............................................
5 Signature of parent
6 (3) If the parent consents to an adoption by 2 specified
7 persons, then the form shall contain 2 additional paragraphs
8 in substantially the following form:
9 10. If ............... (specified persons) get a
10 divorce before the petition to adopt my child is granted,
11 then .......... (specified person) shall adopt my child.
12 I understand that I cannot change my mind and revoke this
13 consent or obtain or recover custody over my child if
14 ............. (specified persons) divorce and
15 ............. (specified person) adopts my child. I
16 understand that I cannot change my mind and revoke this
17 consent or obtain or recover custody over my child if
18 ................. (specified persons) divorce after the
19 adoption is final. I understand that this consent to
20 adoption has no effect on who will get custody of my
21 child if they divorce after the adoption is final.
22 11. I understand that if either ...............
23 (specified persons) dies before the petition to adopt my
24 child is granted, then the surviving person can adopt my
25 child. I understand that I cannot change my mind and
26 revoke this consent or obtain or recover custody over my
27 child if the surviving person adopts my child.
28 A consent to adoption by specified persons on this form
29 shall have no effect on a court's determination of custody or
30 visitation under the Illinois Marriage and Dissolution of
31 Marriage Act if the marriage of the specified persons is
32 dissolved after the adoption is final.
33 (4) The form of the certificate of acknowledgement for a
34 Final and Irrevocable Consent for Adoption by a Specified
-36- LRB9103037SMdvam02
1 Person or Persons shall be substantially as follows:
2 STATE OF..............)
3 ) SS.
4 COUNTY OF.............)
5 I, .................... (Name of Judge or other person),
6 ..................... (official title, name, and address),
7 certify that ............., personally known to me to be the
8 same person whose name is subscribed to the foregoing Final
9 and Irrevocable Consent for Adoption by a Specified Person or
10 Persons, appeared before me this day in person and
11 acknowledged that (she)(he) signed and delivered the consent
12 as (her)(his) free and voluntary act, for the specified
13 purpose.
14 I have fully explained that this consent to adoption is
15 valid only if the petition to adopt is filed within one year
16 from the date that it is signed, and that if the specified
17 person or persons, for any reason, cannot or will not adopt
18 the child or if the adoption petition is denied, then this
19 consent will be void. I have fully explained that if the
20 specified person or persons adopt the child, by signing this
21 consent (she)(he) is irrevocably and permanently
22 relinquishing all parental rights to the child, and (she)(he)
23 has stated that such is (her)(his) intention and desire.
24 Dated (insert date). ............., ........
25 ...............................
26 Signature
27 (5) If a consent to adoption by a specified person or
28 persons is executed in this form, the following provisions
29 shall apply. The consent shall be valid only if that
30 specified person or persons adopt the child. The consent
31 shall be void if:
32 (a) the specified person or persons do not file a
33 petition to adopt the child within one year after the
-37- LRB9103037SMdvam02
1 consent is signed; or
2 (b) a court denies the adoption petition; or
3 (c) the Department of Children and Family Services
4 Guardianship Administrator determines that the specified
5 person or persons will not or cannot complete the
6 adoption, or in the best interests of the child should
7 not adopt the child.
8 Within 30 days of the consent becoming void, the
9 Department of Children and Family Services Guardianship
10 Administrator shall make good faith attempts to notify the
11 parent in writing and shall give written notice to the court
12 and all additional parties in writing that the adoption has
13 not occurred or will not occur and that the consent is void.
14 If the adoption by a specified person or persons does not
15 occur, no proceeding for termination of parental rights shall
16 be brought unless the biological parent who executed the
17 consent to adoption by a specified person or persons has been
18 notified of the proceeding pursuant to Section 7 of this Act
19 or subsection (4) of Section 2-13 of the Juvenile Court Act
20 of 1987. The parent shall not need to take further action to
21 revoke the consent if the specified adoption does not occur,
22 notwithstanding the provisions of Section 11 of this Act.
23 (6) The Department of Children and Family Services is
24 authorized to promulgate rules necessary to implement this
25 subsection O.
26 (7) The Department shall collect and maintain data
27 concerning the efficacy of specific consents. This data
28 shall include the number of specific consents executed and
29 their outcomes, including but not limited to the number of
30 children adopted pursuant to the consents, the number of
31 children for whom adoptions are not completed, and the reason
32 or reasons why the adoptions are not completed.
33 (Source: P.A. 89-704, eff. 8-16-97 (changed from 1-1-98 by
34 P.A. 90-443); 90-608, eff. 6-30-98; 90-655, eff. 7-30-98;
-38- LRB9103037SMdvam02
1 revised 10-20-98.)
2 (750 ILCS 50/11) (from Ch. 40, par. 1513)
3 Sec. 11. Consents, surrenders, irrevocability.
4 (a) A consent to adoption or standby adoption by a
5 parent, including a minor, executed and acknowledged in
6 accordance with the provisions of Section 8 of this Act, or a
7 surrender of a child by a parent, including a minor, to an
8 agency for the purpose of adoption shall be irrevocable
9 unless it shall have been obtained by fraud or duress on the
10 part of the person before whom such consent, surrender, or
11 other document equivalent to a surrender is acknowledged
12 pursuant to the provisions of Section 10 of this Act or on
13 the part of the adopting parents or their agents and a court
14 of competent jurisdiction shall so find. No action to void
15 or revoke a consent to or surrender for adoption, including
16 an action based on fraud or duress, may be commenced after 12
17 months from the date the consent or surrender was executed.
18 The consent or surrender of a parent who is a minor shall not
19 be voidable because of such minority.
20 (b) The petitioners in an adoption proceeding are
21 entitled to rely upon a sworn statement of the biological
22 mother of the child to be adopted identifying the father of
23 her child. The affidavit shall be conclusive evidence as to
24 the biological mother regarding the facts stated therein, and
25 shall create a rebuttable presumption of truth as to the
26 biological father only. Except as provided in Section 11 of
27 this Act, the biological mother of the child shall be
28 permanently barred from attacking the proceeding thereafter.
29 The biological mother shall execute such affidavit in writing
30 and under oath. The affidavit shall be executed by the
31 biological mother before or at the time of execution of the
32 consent or surrender, and shall be retained by the court and
33 be a part of the Court's files. The form of affidavit shall
-39- LRB9103037SMdvam02
1 be substantially as follows:
2 AFFIDAVIT OF IDENTIFICATION
3 I, ................., the mother of a (male or female)
4 child, state under oath or affirm as follows:
5 (1) That the child was born, or is expected to be born,
6 on (insert date), the ... day of ..........., 199.., at
7 ......................., in the State of ...................
8 (2) That I reside at .................., in the City or
9 Village of ..........., State of ...................
10 (3) That I am of the age of ....... years.
11 (4) That I acknowledge that I have been asked to
12 identify the father of my child.
13 (5) (CHECK ONE)
14 .... I know and am identifying the biological father.
15 .... I do not know the identity of the biological father.
16 .... I am unwilling to identify the biological father.
17 (6A) If I know and am identifying the father:
18 That the name of the biological father is
19 ....................; his last known home address is
20 ............; his last known work address is
21 ....................; and he is ..... years of age; or he is
22 deceased, having died on (insert date) the ...... day of
23 ............, 19...., at .............., in the State of
24 ..................
25 (6B) If I do not know the identity of the biological
26 father:
27 I do not know who the biological father is; the following
28 is an explanation of why I am unable to identify him:
29 .............................................................
30 .............................................................
31 .............................................................
32 (6C) If I am unwilling to identify the biological
33 father:
34 I do not wish to name the biological father of the child
-40- LRB9103037SMdvam02
1 for the following reasons:
2 .............................................................
3 .............................................................
4 .............................................................
5 (7) The physical description of the biological father
6 is: .........................................................
7 .............................................................
8 .............................................................
9 (8) I reaffirm that the information contained in
10 paragraphs 5, 6, and 7, inclusive, is true and correct.
11 (9) I have been informed and understand that if I am
12 unwilling, refuse to identify, or misidentify the biological
13 father of the child, absent fraud or duress, I am permanently
14 barred from attacking the proceedings for the adoption of the
15 child at any time after I sign a final and irrevocable
16 consent to adoption or surrender for purposes of adoption.
17 (10) I have read this Affidavit and have had the
18 opportunity to review and question it; it was explained to me
19 by ............................; and I am signing it as my
20 free and voluntary act and understand the contents and the
21 results of signing it.
22 Dated (insert date). this... day of ...................,
23 199...
24 ...................................
25 Signature
26 Under penalties as provided by law under Section 1-109 of
27 the Code of Civil Procedure, the undersigned certifies that
28 the statements set forth in this Affidavit are true and
29 correct.
30 ...................................
31 Signature
32 (Source: P.A. 88-550, eff. 7-3-94; 89-315, eff. 1-1-96;
33 revised 10-20-98.)
-41- LRB9103037SMdvam02
1 (750 ILCS 50/13) (from Ch. 40, par. 1516)
2 Sec. 13. Interim order. As soon as practicable after the
3 filing of a petition for adoption the court shall hold a
4 hearing for the following purposes:
5 A. In other than an adoption of a related child or an
6 adoption through an agency, or of an adult:
7 (a) To determine the validity of the consent,
8 provided that the execution of a consent pursuant to this
9 Act shall be prima facie evidence of its validity, and
10 provided that the validity of a consent shall not be
11 affected by the omission therefrom of the names of the
12 petitioners or adopting parents at the time the consent
13 is executed or acknowledged, and further provided that
14 the execution of a consent prior to the filing of a
15 petition for adoption shall not affect its validity.
16 (b) To determine whether there is available
17 suitable temporary custodial care for a child sought to
18 be adopted.
19 B. In all cases except standby adoptions:
20 (a) The court shall appoint some licensed attorney
21 other than the State's attorney acting in his or her
22 official capacity as guardian ad litem to represent a
23 child sought to be adopted. Such guardian ad litem shall
24 have power to consent to the adoption of the child, if
25 such consent is required.
26 (b) The court shall appoint a guardian ad litem for
27 all named minors or defendants who are persons under
28 legal disability, if any.
29 (c) If the petition alleges a person to be unfit
30 pursuant to the provisions of subparagraph (p) of
31 paragraph D of Section 1 of this Act, such person shall
32 be represented by counsel. If such person is indigent or
33 an appearance has not been entered on his behalf at the
34 time the matter is set for hearing, the court shall
-42- LRB9103037SMdvam02
1 appoint as counsel for him either the Guardianship and
2 Advocacy Commission, the public defender, or, only if no
3 attorney from the Guardianship and Advocacy Commission or
4 the public defender is available, an attorney licensed to
5 practice law in this State.
6 (d) If it is proved to the satisfaction of the
7 court, after such investigation as the court deems
8 necessary, that termination of parental rights and
9 temporary commitment of the child to an agency or to a
10 person deemed competent by the court, including
11 petitioners, will be for the welfare of the child, the
12 court may order the child to be so committed and may
13 terminate the parental rights of the parents and declare
14 the child a ward of the court or, if it is not so proved,
15 the court may enter such other order as it shall deem
16 necessary and advisable.
17 (e) Before an interim custody order is granted
18 under this Section, service of summons shall be had upon
19 the parent or parents whose rights have not been
20 terminated, except as provided in subsection (f).
21 Reasonable notice and opportunity to be heard shall be
22 given to the parent or parents after service of summons
23 when the address of the parent or parents is available.
24 The party seeking an interim custody order shall make all
25 reasonable efforts to locate the parent or parents of the
26 child or children they are seeking to adopt and to notify
27 the parent or parents of the party's request for an
28 interim custody order pursuant to this Section.
29 (f) An interim custody order may be granted without
30 notice upon presentation to the court of a written
31 petition, accompanied by an affidavit, stating that there
32 is an immediate danger to the child and that irreparable
33 harm will result to the child if notice is given to the
34 parent or parents or legal guardian. Upon making a
-43- LRB9103037SMdvam02
1 finding that there is an immediate danger to the child if
2 service of process is had upon and notice of hearing is
3 given to the parent or parents or legal guardian prior to
4 the entry of an order granting temporary custody to
5 someone other than a parent or legal guardian, the court
6 may enter an order of temporary custody which shall
7 expire not more than 10 days after its entry. Every ex
8 parte custody order granted without notice shall state
9 the injury which the court sought to avoid by granting
10 the order, the irreparable injury that would have
11 occurred had notice been given, and the reason the order
12 was granted without notice. The matter shall be set down
13 for full hearing before the expiration of the ex parte
14 order and will be heard after service of summons is had
15 upon and notice of hearing is given to the parent or
16 parents or legal guardian. At the hearing the burden of
17 proof shall be upon the party seeking to extend the
18 interim custody order to show that the order was properly
19 granted without notice and that custody should remain
20 with the party seeking to adopt during the pendency of
21 the adoption proceeding. If the interim custody order is
22 extended, the reasons for granting the extension shall be
23 stated in the order.
24 C. In the case of a child born outside the United States
25 or a territory thereof, if the petitioners have previously
26 been appointed guardians of such child by a court of
27 competent jurisdiction in a country other than the United
28 States or a territory thereof, the court may order that the
29 petitioners continue as guardians of such child.
30 D. In standby adoption cases:
31 (a) The court shall appoint a licensed attorney other
32 than the State's Attorney acting in his or her official
33 capacity as guardian ad litem to represent a child sought to
34 be adopted. The guardian ad litem shall have power to
-44- LRB9103037SMdvam02
1 consent to the adoption of the child, if consent is required.
2 (b) The court shall appoint a guardian ad litem for all
3 named minors or defendants who are persons under legal
4 disability, if any.
5 (c) The court lacks jurisdiction to proceed on the
6 petition for standby adoption if the child has a living
7 parent, adoptive parent, or adjudicated parent whose rights
8 have not been terminated and whose whereabouts are known,
9 unless the parent consents to the standby adoption or, after
10 receiving notice of the hearing on the standby adoption
11 petition, fails to object to the appointment of a standby
12 adoptive parent at the hearing on the petition.
13 (d) The court shall investigate as needed for the welfare
14 of the child and shall determine whether the petitioner or
15 petitioners shall be permitted to adopt.
16 (Source: P.A. 89-644, eff. 1-1-97; 89-686, eff. 6-1-97;
17 90-14, eff. 7-1-97; 90-349, eff. 1-1-98.)
18 (750 ILCS 50/13.1 new)
19 Sec. 13.1. Order for standby adoption.
20 (a) If it is proved to the satisfaction of the court,
21 after such investigation as the court deems necessary, that
22 the child's parent consents to or fails to object to the
23 standby adoption and adoption by the petitioner will be for
24 the welfare of the child, the court may enter an order for
25 standby adoption. However, the consenting terminally ill
26 parent's parental rights may not be terminated until consent
27 becomes effective.
28 (b) The order for standby adoption shall be final as to
29 all findings and shall be followed in the judgment of
30 adoption unless the court finds by clear and convincing
31 evidence that it is no longer in the best interest of the
32 child for the adoption to be finalized.
33 (c) Once the standby adoptive parent receives knowledge
-45- LRB9103037SMdvam02
1 of the death of the terminally ill parent, or the terminally
2 ill parent requests that a final judgment for adoption be
3 entered, the standby adoptive parent shall have 60 days to
4 apply for a judgment for adoption.
5 (750 ILCS 50/14) (from Ch. 40, par. 1517)
6 Sec. 14. Judgment.
7 (a) Prior to the entry of the judgment for order of
8 adoption in any case other than an adoption of a related
9 child or of an adult, each petitioner and each person,
10 agency, association, corporation, institution, society or
11 organization involved in the adoption of the child, except a
12 child welfare agency, shall execute an affidavit setting
13 forth the hospital and medical costs, legal fees, counseling
14 fees, and any other fees or expenditures paid in accordance
15 with the Adoption Compensation Prohibition Act.
16 (b) Before the entry of the judgment for adoption, each
17 child welfare agency involved in the adoption of the child
18 shall file an affidavit concerning the costs, expenses,
19 contributions, fees, compensation, or other things of value
20 which have been given, promised, or received including but
21 not limited to hospital and medical costs, legal fees, social
22 services, living expenses, or any other expenses related to
23 the adoption paid in accordance with the Adoption
24 Compensation Prohibition Act.
25 If the total amount paid by the child welfare agency is
26 $4,500 or more, the affidavit shall contain an itemization of
27 expenditures.
28 If the total amount paid by the child welfare agency is
29 less than $4,500, the agency may file an unitemized affidavit
30 stating that the total amount paid is less than $4,500 unless
31 the court, in its discretion, requires that agency to file an
32 itemized affidavit.
33 (c) No affidavit need be filed in the case of an
-46- LRB9103037SMdvam02
1 adoption of a related child or an adult, nor shall an
2 affidavit be required to be filed by a non-consenting parent,
3 or by any judge, or clerk, involved in an official capacity
4 in the adoption proceedings.
5 (d) All affidavits filed in accordance with this Section
6 shall be under penalty of perjury and shall include, but are
7 not limited to, hospital and medical costs, legal fees,
8 social services, living expenses or any other expenses
9 related to the adoption or to the placement of the child,
10 whether or not the payments are permitted by applicable laws.
11 (e) Upon the expiration of 6 months after the date of
12 any interim order vesting temporary care, custody and control
13 of a child, other than a related child, in the petitioners,
14 entered pursuant to this Act, the petitioners may apply to
15 the court for a judgment of adoption. Notice of such
16 application shall be served by the petitioners upon the
17 investigating agency or the person making such investigation,
18 and the guardian ad litem. After the hearing on such
19 application, at which the petitioners and the child shall
20 appear in person, unless their presence is waived by the
21 court for good cause shown, the court may enter a judgment
22 for adoption, provided the court is satisfied from the report
23 of the investigating agency or the person making the
24 investigation, and from the evidence, if any, introduced,
25 that the adoption is for the welfare of the child and that
26 there is a valid consent, or that no consent is required as
27 provided in Section 8 of this Act.
28 (f) A judgment for adoption of a related child, an
29 adult, or a child as to whose adoption an agency or person
30 authorized by law has the right of authority to consent may
31 be entered at any time after service of process and after the
32 return day designated therein.
33 (f-5) A standby adoption judgment may be entered upon
34 notice of the death of the terminally ill parent or upon the
-47- LRB9103037SMdvam02
1 terminally ill parent's request that a final judgment for
2 adoption be entered. The notice must be provided to the
3 court within 60 days after the standby adoptive parent's
4 receipt of knowledge of death of the terminally ill parent or
5 the terminally ill parent's request that a final judgment for
6 adoption be entered. If the court finds that adoption is for
7 the welfare of the child and that there is a valid consent,
8 including consent for standby adoption, which is still in
9 effect, or that no consent is required under Section 8 of the
10 Act, a judgment for adoption shall be entered unless the
11 court finds by clear and convincing evidence that it is no
12 longer in the best interest of the child for the adoption to
13 be finalized.
14 (g) No special findings of fact or certificate of
15 evidence shall be necessary in any case to support the
16 judgment.
17 (h) Only the circuit court that entered the judgment of
18 the adoption may order the issuance of any contents of the
19 court file or that the original birth record of the adoptee
20 be provided to any persons.
21 (Source: P.A. 88-148.)".