Illinois General Assembly - Bill Status for HB4055

Amends the Adoption Act. Provides that a former parent whose parental rights have been terminated pursuant to a surrender of the minor for adoption, a consent to the minor's adoption, or a finding of unfitness of the parent may petition for those rights to be reinstated if the adoptive parent dies or is incapable of caring for the child due to a physical or mental impairment and consents to the reinstatement of parental rights. Provides that, before granting a petition for reinstatement, the court must consider the petitioner's current abilities, the best interests of the minor and the basis for the termination of parental rights. Contains other provisions. Effective July 1, 2009.

Further amends the Adoption Act. Provides that a former parent whose parental rights have been terminated pursuant to a surrender of the minor for adoption, a consent to the minor's adoption, or a finding of unfitness of the parent may file a petition to adopt a minor (instead of petition to reinstate parental rights) if the adoptive parent or parents were biologically related to the minor, as defined in the Act, and either of the adoptive parent died, or both adoptive parents died, and no standby guardian or standby adoptive parent is appointed for the minor, and no guardian was named in the will of a deceased adoptive parent, or the adoptive parent is incapable of caring for the minor due to a physical or mental impairment (instead of either adoptive parent died or the adoptive parent is incapable of caring for the minor due to a physical or mental impairment) and consents in open court to the adoption (instead of reinstatement of parental rights). Provides that, before granting a petition for adoption by a former parent (instead of petition for reinstatement of parental rights to a former parent), the court must consider the petitioner's current abilities, the best interests of the minor and the basis for the termination of parental rights. Makes corresponding changes.

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