093_HB3720

 
                                     LRB093 11221 LCB 12326 b

 1        AN ACT concerning adoption.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The  Adoption  Act  is  amended by changing
 5    Section 8 as follows:

 6        (750 ILCS 50/8) (from Ch. 40, par. 1510)
 7        Sec. 8.  Consents to adoption and surrenders for purposes
 8    of adoption.
 9        (a)  Except  as  hereinafter  provided  in  this  Section
10    consents or surrenders shall be required in all cases, unless
11    the person whose consent  or  surrender  would  otherwise  be
12    required shall be found by the court:
13             (1)  to  be  an unfit person as defined in Section 1
14        of this Act, by clear and convincing evidence; or
15             (2)  not to be the biological or adoptive father  of
16        the child; or
17             (3)  to have waived his parental rights to the child
18        under Section 12a or 12.1 of this Act; or
19             (4)  to  be  the  parent  of  an  adult sought to be
20        adopted; or
21             (5)  to be the father of the child as  a  result  of
22        criminal sexual abuse or assault as defined under Article
23        12 of the Criminal Code of 1961; or.
24             (6)  to  have  been indicated for child sexual abuse
25        as defined in the Abused and  Neglected  Child  Reporting
26        Act that involved sexual penetration of the mother; or
27             (7)  to  be  at  least 5 years older than the mother
28        and the mother was under  the  age  17  at  the  time  of
29        conception of the child to be adopted.
30        (b)  Where  consents  are  required  in  the  case  of an
31    adoption of a minor child,  the  consents  of  the  following
 
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 1    persons shall be sufficient:
 2             (1) (A)  The mother of the minor child; and
 3             (B)  The father of the minor child, if the father:
 4                  (i)  was  married  to the mother on the date of
 5             birth of the child or within  300  days  before  the
 6             birth  of  the child, except for a husband or former
 7             husband who has been found by a court  of  competent
 8             jurisdiction  not to be the biological father of the
 9             child; or
10                  (ii)  is  the  father  of  the  child  under  a
11             judgment for adoption, an order of parentage, or  an
12             acknowledgment of parentage or paternity pursuant to
13             subsection   (a)   of  Section  5  of  the  Illinois
14             Parentage Act of 1984; or
15                  (iii)  in the case of a child placed  with  the
16             adopting  parents  less  than  6 months after birth,
17             openly lived with the child, the child's  biological
18             mother,  or  both,  and  held  himself out to be the
19             child's biological father during the first  30  days
20             following the birth of the child; or
21                  (iv)  in  the  case  of a child placed with the
22             adopting parents less than  6  months  after  birth,
23             made  a good faith effort to pay a reasonable amount
24             of the expenses related to the birth  of  the  child
25             and to provide a reasonable amount for the financial
26             support  of  the  child  before the expiration of 30
27             days following the birth of the child, provided that
28             the court may  consider  in  its  determination  all
29             relevant   circumstances,  including  the  financial
30             condition of both biological parents; or
31                  (v)  in the case of a  child  placed  with  the
32             adopting parents more than 6 months after birth, has
33             maintained  substantial  and  continuous or repeated
34             contact with the child as  manifested  by:  (I)  the
 
                            -3-      LRB093 11221 LCB 12326 b
 1             payment  by  the  father  toward  the support of the
 2             child of a fair and reasonable sum, according to the
 3             father's  means,  and  either  (II)   the   father's
 4             visiting  the child at least monthly when physically
 5             and financially able to do so and not prevented from
 6             doing so by the person or authorized  agency  having
 7             lawful  custody  of the child, or (III) the father's
 8             regular communication with the  child  or  with  the
 9             person  or  agency having the care or custody of the
10             child, when physically  and  financially  unable  to
11             visit  the  child  or prevented from doing so by the
12             person or authorized agency having lawful custody of
13             the child.  The subjective  intent  of  the  father,
14             whether   expressed   or  otherwise  unsupported  by
15             evidence of acts specified in this sub-paragraph  as
16             manifesting   such  intent,  shall  not  preclude  a
17             determination that the  father  failed  to  maintain
18             substantial  and continuous or repeated contact with
19             the child; or
20                  (vi)  in the case of a child  placed  with  the
21             adopting  parents  more than six months after birth,
22             openly lived with the child  for  a  period  of  six
23             months   within  the  one  year  period  immediately
24             preceding the placement of the  child  for  adoption
25             and  openly held himself out to be the father of the
26             child; or
27                  (vii)  has  timely  registered  with   Putative
28             Father Registry, as provided in Section 12.1 of this
29             Act, and prior to the expiration of 30 days from the
30             date   of   such   registration,   commenced   legal
31             proceedings   to   establish   paternity  under  the
32             Illinois Parentage Act of 1984 or under the  law  of
33             the jurisdiction of the child's birth; or
34             (2)  The  legal guardian of the person of the child,
 
                            -4-      LRB093 11221 LCB 12326 b
 1        if there is no surviving parent; or
 2             (3)  An agency, if the child  has  been  surrendered
 3        for adoption to such agency; or
 4             (4)  Any  person or agency having legal custody of a
 5        child by court  order  if  the  parental  rights  of  the
 6        parents  have  been  judicially terminated, and the court
 7        having jurisdiction of the guardianship of the child  has
 8        authorized the consent to the adoption; or
 9             (5)  The  execution and verification of the petition
10        by any petitioner who is  also  a  parent  of  the  child
11        sought to be adopted shall be sufficient evidence of such
12        parent's consent to the adoption.
13        (c)  Where  surrenders  to  an agency are required in the
14    case of a placement for adoption  of  a  minor  child  by  an
15    agency,  the  surrenders  of  the  following persons shall be
16    sufficient:
17             (1) (A)  The mother of the minor child; and
18             (B)  The father of the minor child, if the father:
19                  (i)  was married to the mother on the  date  of
20             birth  of  the  child  or within 300 days before the
21             birth of the child, except for a husband  or  former
22             husband  who  has been found by a court of competent
23             jurisdiction not to be the biological father of  the
24             child; or
25                  (ii)  is  the  father  of  the  child  under  a
26             judgment  for adoption, an order of parentage, or an
27             acknowledgment of parentage or paternity pursuant to
28             subsection  (a)  of  Section  5  of   the   Illinois
29             Parentage Act of 1984; or
30                  (iii)  in  the  case of a child placed with the
31             adopting parents less than  6  months  after  birth,
32             openly  lived with the child, the child's biological
33             mother, or both, and held  himself  out  to  be  the
34             child's  biological  father during the first 30 days
 
                            -5-      LRB093 11221 LCB 12326 b
 1             following the birth of a child; or
 2                  (iv)  in the case of a child  placed  with  the
 3             adopting  parents  less  than  6 months after birth,
 4             made a good faith effort to pay a reasonable  amount
 5             of  the  expenses  related to the birth of the child
 6             and to provide a reasonable amount for the financial
 7             support of the child before  the  expiration  of  30
 8             days following the birth of the child, provided that
 9             the  court  may  consider  in  its determination all
10             relevant  circumstances,  including  the   financial
11             condition of both biological parents; or
12                  (v)  in  the  case  of  a child placed with the
13             adopting parents more than six months  after  birth,
14             has   maintained   substantial   and  continuous  or
15             repeated contact with the child  as  manifested  by:
16             (I)  the payment by the father toward the support of
17             the child of a fair and reasonable sum, according to
18             the father's means, and  either  (II)  the  father's
19             visiting  the child at least monthly when physically
20             and financially able to do so and not prevented from
21             doing so by the person or authorized  agency  having
22             lawful  custody  of  the child or (III) the father's
23             regular communication with the  child  or  with  the
24             person  or  agency having the care or custody of the
25             child, when physically  and  financially  unable  to
26             visit  the  child  or prevented from doing so by the
27             person or authorized agency having lawful custody of
28             the child.  The subjective  intent  of  the  father,
29             whether   expressed  or  otherwise,  unsupported  by
30             evidence of acts specified in this sub-paragraph  as
31             manifesting   such  intent,  shall  not  preclude  a
32             determination that the  father  failed  to  maintain
33             substantial  and continuous or repeated contact with
34             the child; or
 
                            -6-      LRB093 11221 LCB 12326 b
 1                  (vi)  in the case of a child  placed  with  the
 2             adopting  parents  more than six months after birth,
 3             openly lived with the child  for  a  period  of  six
 4             months   within  the  one  year  period  immediately
 5             preceding the placement of the  child  for  adoption
 6             and  openly held himself out to be the father of the
 7             child; or
 8                  (vii)  has timely registered with the  Putative
 9             Father Registry, as provided in Section 12.1 of this
10             Act, and prior to the expiration of 30 days from the
11             date   of   such   registration,   commenced   legal
12             proceedings   to   establish   paternity  under  the
13             Illinois Parentage Act of 1984, or under the law  of
14             the jurisdiction of the child's birth.
15        (d)  In making a determination under subparagraphs (b)(1)
16    and  (c)(1), no showing shall be required of diligent efforts
17    by a person or agency to encourage the father to perform  the
18    acts specified therein.
19        (e)  In  the  case  of the adoption of an adult, only the
20    consent of such adult shall be required.
21    (Source: P.A. 90-15, eff. 6-13-97; 91-357, eff. 7-29-99.)