(750 ILCS 50/14)
(from Ch. 40, par. 1517)
(a) Prior to the entry of the judgment for order of
adoption in any case other than an adoption of a related child or of an
adult, each petitioner and each
person, agency, association, corporation, institution, society or
organization involved in the adoption of the child, except a child welfare
execute an affidavit setting forth the hospital and medical costs, legal
fees, counseling fees, and any other fees or expenditures paid in accordance
with the Adoption Compensation Prohibition Act or Section 12C-70 of the Criminal Code of 2012.
(b) Before the entry of the judgment for adoption, each child welfare agency
involved in the adoption of the child shall file an affidavit concerning the
costs, expenses, contributions, fees, compensation, or other things of value
which have been given, promised, or received including but not limited to
hospital and medical costs, legal fees, social services, living expenses, or
any other expenses related to the adoption paid in accordance with the Adoption
Compensation Prohibition Act or Section 12C-70 of the Criminal Code of 2012.
If the total amount paid by the child welfare agency is $4,500 or more, the
affidavit shall contain an itemization of expenditures.
If the total amount paid by the child welfare agency is less than $4,500, the
agency may file an unitemized affidavit stating that the total amount paid is
less than $4,500 unless the court, in its discretion, requires that agency to
file an itemized affidavit.
(c) No affidavit need be filed
in the case of an adoption of a related child or an adult, nor shall an
affidavit be required to be filed
by a non-consenting parent, or by any judge, or clerk, involved in an
official capacity in the adoption
(d) All affidavits filed in accordance with this Section shall be under penalty of perjury
and shall include, but are not limited to, hospital and medical
legal fees, social services, living expenses or any other expenses
related to the adoption or to the placement of the child, whether or not the
payments are permitted by applicable laws.
(e) Upon the expiration of 6 months after the date
of any interim order vesting temporary care, custody and control of a
child, other than a related child, in the petitioners, entered pursuant
to this Act, the petitioners may apply to the court for a judgment of
adoption. Notice of such application shall be served by the petitioners
upon the investigating agency or the person making such investigation,
and the guardian ad litem. After the hearing on such application, at
which the petitioners and the child shall appear in person, unless their
presence is waived by the court for good cause shown, the court may
enter a judgment for adoption, provided the court is
satisfied from the
report of the investigating agency or the person making the
investigation, and from the evidence, if any, introduced, that the
adoption is for the welfare of the child and that there is a valid
consent, or that no consent is required as provided in Section 8 of this
(f) A judgment for adoption of a related child, an adult, or a child as
whose adoption an agency or person authorized by law has the right of
authority to consent may be entered at any time after service of process
and after the return day designated therein.
(f-5) A standby adoption judgment may be entered upon notice of the death
of the consenting parent
or upon the consenting parent's request that a final judgment for adoption
be entered. The notice must be provided to the court within 60 days after the
standby adoptive parent's receipt of knowledge of death of the consenting parent or the consenting parent's request that a
final judgment for adoption be entered. If the court finds that adoption is
for the welfare of the child and that there is a valid consent, including
consent for standby adoption, which is still in effect, or that no consent is
required under Section 8 of the Act, a judgment for adoption shall be entered
unless the court finds by clear and convincing evidence that it is no longer in
the best interest of the child for the adoption to be finalized.
(g) No special findings of fact or certificate of evidence shall be
necessary in any case to support the judgment.
(h) Only the circuit court that entered the judgment of the adoption may
order the issuance of any contents of the court file or that the original
birth record of the adoptee be provided to any persons.
(Source: P.A. 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)