100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB2081

 

Introduced , by Rep. Jim Durkin

 

SYNOPSIS AS INTRODUCED:
 
750 ILCS 50/2  from Ch. 40, par. 1502

    Amends the Adoption Act. Makes a technical change in a Section concerning who may adopt a child.


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A BILL FOR

 

HB2081LRB100 04611 HEP 14617 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Adoption Act is amended by changing Section
52 as follows:
 
6    (750 ILCS 50/2)  (from Ch. 40, par. 1502)
7    Sec. 2. Who may adopt a child.
8    A. Any of the the following persons, who is under no legal
9disability (except the minority specified in sub-paragraph
10(b)) and who has resided in the State of Illinois continuously
11for a period of at least 6 months immediately preceding the
12commencement of an adoption proceeding, or any member of the
13armed forces of the United States who has been domiciled in the
14State of Illinois for 90 days, may institute such proceeding:
15        (a) A reputable person of legal age and of either sex,
16    provided that if such person is married or in a civil union
17    and has not been living separate and apart from his or her
18    spouse or civil union partner for 12 months or longer, his
19    or her spouse or civil union partner shall be a party to
20    the adoption proceeding, including a spouse or civil union
21    partner desiring to adopt a child of the other spouse or
22    civil union partner, in all of which cases the adoption
23    shall be by both spouses or civil union partners jointly;

 

 

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1        (b) A minor, by leave of court upon good cause shown.
2    Notwithstanding sub-paragraph (a) of this subsection, a
3spouse or civil union partner is not required to join in a
4petition for adoption to re-adopt a child after an intercountry
5adoption if the spouse or civil union partner did not
6previously adopt the child as set forth in subsections (c) and
7(e) of Section 4.1 of this Act.
8    B. The residence requirement specified in paragraph A of
9this Section shall not apply to:
10        (a) an adoption of a related child or child previously
11    adopted in a foreign country by the petitioner; or
12        (b) an adoption of a child placed by an agency.
13(Source: P.A. 98-804, eff. 1-1-15; 99-49, eff. 7-15-15.)