HB2081 100TH GENERAL ASSEMBLY

LRB100 04611 HEP 14617 b

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.

A BILL FOR

AN ACT concerning civil law.

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

Section 5. The Adoption Act is amended by changing Section 2 as follows:

(750 ILCS 50/2) (from Ch. 40, par. 1502)

Sec. 2. Who may adopt a child.

A. Any of the the following persons, who is under no legal disability (except the minority specified in sub-paragraph (b)) and who has resided in the State of Illinois continuously for a period of at least 6 months immediately preceding the commencement of an adoption proceeding, or any member of the armed forces of the United States who has been domiciled in the State of Illinois for 90 days, may institute such proceeding:

(a) A reputable person of legal age and of either sex, provided that if such person is married or in a civil union and has not been living separate and apart from his or her spouse or civil union partner for 12 months or longer, his or her spouse or civil union partner shall be a party to the adoption proceeding, including a spouse or civil union partner desiring to adopt a child of the other spouse or civil union partner, in all of which cases the adoption shall be by both spouses or civil union partners jointly;

(b) A minor, by leave of court upon good cause shown.

Notwithstanding sub-paragraph (a) of this subsection, a spouse or civil union partner is not required to join in a petition for adoption to re-adopt a child after an intercountry adoption if the spouse or civil union partner did not previously adopt the child as set forth in subsections (c) and (e) of Section 4.1 of this Act.

B. The residence requirement specified in paragraph A of this Section shall not apply to:

(a) an adoption of a related child or child previously adopted in a foreign country by the petitioner; or

(b) an adoption of a child placed by an agency.

(Source: P.A. 98-804, eff. 1-1-15; 99-49, eff. 7-15-15.)