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Public Act 91-0572
HB2726 Enrolled LRB9103037SMpr
AN ACT to amend the Adoption Act by changing Sections 1,
5, 6, 7, 9, 10, 11, 13, and 14, and by adding Section 13.1.
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
Sections 1, 5, 6, 7, 9, 10, 11, 13, and 14 and by adding
Section 13.1 as follows:
(750 ILCS 50/1) (from Ch. 40, par. 1501)
Sec. 1. Definitions. When used in this Act, unless the
context otherwise requires:
A. "Child" means a person under legal age subject to
adoption under this Act.
B. "Related child" means a child subject to adoption
where either or both of the adopting parents stands in any of
the following relationships to the child by blood or
marriage: parent, grand-parent, brother, sister, step-parent,
step-grandparent, step-brother, step-sister, uncle, aunt,
great-uncle, great-aunt, or cousin of first degree. A child
whose parent has executed a final irrevocable consent to
adoption or a final irrevocable surrender for purposes of
adoption, or whose parent has had his or her parental rights
terminated, is not a related child to that person, unless the
consent is determined to be void or is void pursuant to
subsection O of Section 10.
C. "Agency" for the purpose of this Act means a public
child welfare agency or a licensed child welfare agency.
D. "Unfit person" means any person whom the court shall
find to be unfit to have a child, without regard to the
likelihood that the child will be placed for adoption. The
grounds of unfitness are any one or more of the following:
(a) Abandonment of the child.
(a-1) Abandonment of a newborn infant in a
hospital.
(a-2) Abandonment of a newborn infant in any
setting where the evidence suggests that the parent
intended to relinquish his or her parental rights.
(b) Failure to maintain a reasonable degree of
interest, concern or responsibility as to the child's
welfare.
(c) Desertion of the child for more than 3 months
next preceding the commencement of the Adoption
proceeding.
(d) Substantial neglect of the child if continuous
or repeated.
(d-1) Substantial neglect, if continuous or
repeated, of any child residing in the household which
resulted in the death of that child.
(e) Extreme or repeated cruelty to the child.
(f) Two or more findings of physical abuse to any
children under Section 4-8 of the Juvenile Court Act or
Section 2-21 of the Juvenile Court Act of 1987, the most
recent of which was determined by the juvenile court
hearing the matter to be supported by clear and
convincing evidence; a criminal conviction or a finding
of not guilty by reason of insanity resulting from the
death of any child by physical child abuse; or a finding
of physical child abuse resulting from the death of any
child under Section 4-8 of the Juvenile Court Act or
Section 2-21 of the Juvenile Court Act of 1987.
(g) Failure to protect the child from conditions
within his environment injurious to the child's welfare.
(h) Other neglect of, or misconduct toward the
child; provided that in making a finding of unfitness the
court hearing the adoption proceeding shall not be bound
by any previous finding, order or judgment affecting or
determining the rights of the parents toward the child
sought to be adopted in any other proceeding except such
proceedings terminating parental rights as shall be had
under either this Act, the Juvenile Court Act or the
Juvenile Court Act of 1987.
(i) Depravity. Conviction of any one of the
following crimes shall create a presumption that a parent
is depraved which can be overcome only by clear and
convincing evidence: (1) first degree murder in violation
of paragraph 1 or 2 of subsection (a) of Section 9-1 of
the Criminal Code of 1961 or conviction of second degree
murder in violation of subsection (a) of Section 9-2 of
the Criminal Code of 1961 of a parent of the child to be
adopted; (2) first degree murder or second degree murder
of any child in violation of the Criminal Code of 1961;
(3) attempt or conspiracy to commit first degree murder
or second degree murder of any child in violation of the
Criminal Code of 1961; (4) solicitation to commit murder
of any child, solicitation to commit murder of any child
for hire, or solicitation to commit second degree murder
of any child in violation of the Criminal Code of 1961;
or (5) aggravated criminal sexual assault in violation of
Section 12-14(b)(1) of the Criminal Code of 1961.
There is a rebuttable presumption that a parent is
depraved if the parent has been criminally convicted of
at least 3 felonies under the laws of this State or any
other state, or under federal law, or the criminal laws
of any United States territory; and at least one of these
convictions took place within 5 years of the filing of
the petition or motion seeking termination of parental
rights.
There is a rebuttable presumption that a parent is
depraved if that parent has been criminally convicted of
either first or second degree murder of any person as
defined in the Criminal Code of 1961 within 10 years of
the filing date of the petition or motion to terminate
parental rights.
(j) Open and notorious adultery or fornication.
(j-1) (Blank).
(k) Habitual drunkenness or addiction to drugs,
other than those prescribed by a physician, for at least
one year immediately prior to the commencement of the
unfitness proceeding.
There is a rebuttable presumption that a parent is
unfit under this subsection with respect to any child to
which that parent gives birth where there is a confirmed
test result that at birth the child's blood, urine, or
meconium contained any amount of a controlled substance
as defined in subsection (f) of Section 102 of the
Illinois Controlled Substances Act or metabolites of such
substances, the presence of which in the newborn infant
was not the result of medical treatment administered to
the mother or the newborn infant; and the biological
mother of this child is the biological mother of at least
one other child who was adjudicated a neglected minor
under subsection (c) of Section 2-3 of the Juvenile Court
Act of 1987.
(l) Failure to demonstrate a reasonable degree of
interest, concern or responsibility as to the welfare of
a new born child during the first 30 days after its
birth.
(m) Failure by a parent to make reasonable efforts
to correct the conditions that were the basis for the
removal of the child from the parent, or to make
reasonable progress toward the return of the child to the
parent within 9 months after an adjudication of neglected
or abused minor under Section 2-3 of the Juvenile Court
Act of 1987 or dependent minor under Section 2-4 of that
Act. If a service plan has been established as required
under Section 8.2 of the Abused and Neglected Child
Reporting Act to correct the conditions that were the
basis for the removal of the child from the parent and if
those services were available, then, for purposes of this
Act, "failure to make reasonable progress toward the
return of the child to the parent" includes the parent's
failure to substantially fulfill his or her obligations
under the service plan and correct the conditions that
brought the child into care within 9 months after the
adjudication under Section 2-3 or 2-4 of the Juvenile
Court Act of 1987.
(m-1) Pursuant to the Juvenile Court Act of 1987, a
child has been in foster care for 15 months out of any 22
month period which begins on or after the effective date
of this amendatory Act of 1998 unless the child's parent
can prove by a preponderance of the evidence that it is
more likely than not that it will be in the best
interests of the child to be returned to the parent
within 6 months of the date on which a petition for
termination of parental rights is filed under the
Juvenile Court Act of 1987. The 15 month time limit is
tolled during any period for which there is a court
finding that the appointed custodian or guardian failed
to make reasonable efforts to reunify the child with his
or her family, provided that (i) the finding of no
reasonable efforts is made within 60 days of the period
when reasonable efforts were not made or (ii) the parent
filed a motion requesting a finding of no reasonable
efforts within 60 days of the period when reasonable
efforts were not made. For purposes of this subdivision
(m-1), the date of entering foster care is the earlier
of: (i) the date of a judicial finding at an adjudicatory
hearing that the child is an abused, neglected, or
dependent minor; or (ii) 60 days after the date on which
the child is removed from his or her parent, guardian, or
legal custodian.
(n) Evidence of intent to forgo forego his or her
parental rights, whether or not the child is a ward of
the court, (1) as manifested by his or her failure for a
period of 12 months: (i) to visit the child, (ii) to
communicate with the child or agency, although able to do
so and not prevented from doing so by an agency or by
court order, or (iii) to maintain contact with or plan
for the future of the child, although physically able to
do so, or (2) as manifested by the father's failure,
where he and the mother of the child were unmarried to
each other at the time of the child's birth, (i) to
commence legal proceedings to establish his paternity
under the Illinois Parentage Act of 1984 or the law of
the jurisdiction of the child's birth within 30 days of
being informed, pursuant to Section 12a of this Act, that
he is the father or the likely father of the child or,
after being so informed where the child is not yet born,
within 30 days of the child's birth, or (ii) to make a
good faith effort to pay a reasonable amount of the
expenses related to the birth of the child and to provide
a reasonable amount for the financial support of the
child, the court to consider in its determination all
relevant circumstances, including the financial condition
of both parents; provided that the ground for termination
provided in this subparagraph (n)(2)(ii) shall only be
available where the petition is brought by the mother or
the husband of the mother.
Contact or communication by a parent with his or her
child that does not demonstrate affection and concern
does not constitute reasonable contact and planning under
subdivision (n). In the absence of evidence to the
contrary, the ability to visit, communicate, maintain
contact, pay expenses and plan for the future shall be
presumed. The subjective intent of the parent, whether
expressed or otherwise, unsupported by evidence of the
foregoing parental acts manifesting that intent, shall
not preclude a determination that the parent has intended
to forgo forego his or her parental rights. In making
this determination, the court may consider but shall not
require a showing of diligent efforts by an authorized
agency to encourage the parent to perform the acts
specified in subdivision (n).
It shall be an affirmative defense to any allegation
under paragraph (2) of this subsection that the father's
failure was due to circumstances beyond his control or to
impediments created by the mother or any other person
having legal custody. Proof of that fact need only be by
a preponderance of the evidence.
(o) Repeated or continuous failure by the parents,
although physically and financially able, to provide the
child with adequate food, clothing, or shelter.
(p) Inability to discharge parental
responsibilities supported by competent evidence from a
psychiatrist, licensed clinical social worker, or
clinical psychologist of mental impairment, mental
illness or mental retardation as defined in Section 1-116
of the Mental Health and Developmental Disabilities Code,
or developmental disability as defined in Section 1-106
of that Code, and there is sufficient justification to
believe that the inability to discharge parental
responsibilities shall extend beyond a reasonable time
period. However, this subdivision (p) shall not be
construed so as to permit a licensed clinical social
worker to conduct any medical diagnosis to determine
mental illness or mental impairment.
(q) The parent has been criminally convicted of
aggravated battery, heinous battery, or attempted murder
of any child.
(r) The child is in the temporary custody or
guardianship of the Department of Children and Family
Services, the parent is incarcerated as a result of
criminal conviction at the time the petition or motion
for termination of parental rights is filed, prior to
incarceration the parent had little or no contact with
the child or provided little or no support for the child,
and the parent's incarceration will prevent the parent
from discharging his or her parental responsibilities for
the child for a period in excess of 2 years after the
filing of the petition or motion for termination of
parental rights.
(s) The child is in the temporary custody or
guardianship of the Department of Children and Family
Services, the parent is incarcerated at the time the
petition or motion for termination of parental rights is
filed, the parent has been repeatedly incarcerated as a
result of criminal convictions, and the parent's repeated
incarceration has prevented the parent from discharging
his or her parental responsibilities for the child.
(t) A finding that at birth the child's blood,
urine, or meconium contained any amount of a controlled
substance as defined in subsection (f) of Section 102 of
the Illinois Controlled Substances Act, or a metabolite
of a controlled substance, with the exception of
controlled substances or metabolites of such substances,
the presence of which in the newborn infant was the
result of medical treatment administered to the mother or
the newborn infant, and that the biological mother of
this child is the biological mother of at least one other
child who was adjudicated a neglected minor under
subsection (c) of Section 2-3 of the Juvenile Court Act
of 1987, after which the biological mother had the
opportunity to enroll in and participate in a clinically
appropriate substance abuse counseling, treatment, and
rehabilitation program.
E. "Parent" means the father or mother of a legitimate
or illegitimate child. For the purpose of this Act, a person
who has executed a final and irrevocable consent to adoption
or a final and irrevocable surrender for purposes of
adoption, or whose parental rights have been terminated by a
court, is not a parent of the child who was the subject of
the consent or surrender, unless the consent is void pursuant
to subsection O of Section 10.
F. A person is available for adoption when the person
is:
(a) a child who has been surrendered for adoption
to an agency and to whose adoption the agency has
thereafter consented;
(b) a child to whose adoption a person authorized
by law, other than his parents, has consented, or to
whose adoption no consent is required pursuant to Section
8 of this Act;
(c) a child who is in the custody of persons who
intend to adopt him through placement made by his
parents;
(c-1) a child for whom a parent has signed a
specific consent pursuant to subsection O of Section 10;
or
(d) an adult who meets the conditions set forth in
Section 3 of this Act.
A person who would otherwise be available for adoption
shall not be deemed unavailable for adoption solely by reason
of his or her death.
G. The singular includes the plural and the plural
includes the singular and the "male" includes the "female",
as the context of this Act may require.
H. "Adoption disruption" occurs when an adoptive
placement does not prove successful and it becomes necessary
for the child to be removed from placement before the
adoption is finalized.
I. "Foreign placing agency" is an agency or individual
operating in a country or territory outside the United States
that is authorized by its country to place children for
adoption either directly with families in the United States
or through United States based international agencies.
J. "Immediate relatives" means the biological parents,
the parents of the biological parents and siblings of the
biological parents.
K. "Intercountry adoption" is a process by which a child
from a country other than the United States is adopted.
L. "Intercountry Adoption Coordinator" is a staff person
of the Department of Children and Family Services appointed
by the Director to coordinate the provision of services by
the public and private sector to prospective parents of
foreign-born children.
M. "Interstate Compact on the Placement of Children" is
a law enacted by most states for the purpose of establishing
uniform procedures for handling the interstate placement of
children in foster homes, adoptive homes, or other child care
facilities.
N. "Non-Compact state" means a state that has not
enacted the Interstate Compact on the Placement of Children.
O. "Preadoption requirements" are any conditions
established by the laws or regulations of the Federal
Government or of each state that must be met prior to the
placement of a child in an adoptive home.
P. "Abused child" means a child whose parent or
immediate family member, or any person responsible for the
child's welfare, or any individual residing in the same home
as the child, or a paramour of the child's parent:
(a) inflicts, causes to be inflicted, or allows to
be inflicted upon the child physical injury, by other
than accidental means, that causes death, disfigurement,
impairment of physical or emotional health, or loss or
impairment of any bodily function;
(b) creates a substantial risk of physical injury
to the child by other than accidental means which would
be likely to cause death, disfigurement, impairment of
physical or emotional health, or loss or impairment of
any bodily function;
(c) commits or allows to be committed any sex
offense against the child, as sex offenses are defined in
the Criminal Code of 1961 and extending those definitions
of sex offenses to include children under 18 years of
age;
(d) commits or allows to be committed an act or
acts of torture upon the child; or
(e) inflicts excessive corporal punishment.
Q. "Neglected child" means any child whose parent or
other person responsible for the child's welfare withholds or
denies nourishment or medically indicated treatment including
food or care denied solely on the basis of the present or
anticipated mental or physical impairment as determined by a
physician acting alone or in consultation with other
physicians or otherwise does not provide the proper or
necessary support, education as required by law, or medical
or other remedial care recognized under State law as
necessary for a child's well-being, or other care necessary
for his or her well-being, including adequate food, clothing
and shelter; or who is abandoned by his or her parents or
other person responsible for the child's welfare.
A child shall not be considered neglected or abused for
the sole reason that the child's parent or other person
responsible for his or her welfare depends upon spiritual
means through prayer alone for the treatment or cure of
disease or remedial care as provided under Section 4 of the
Abused and Neglected Child Reporting Act.
R. "Putative father" means a man who may be a child's
father, but who (1) is not married to the child's mother on
or before the date that the child was or is to be born and
(2) has not established paternity of the child in a court
proceeding before the filing of a petition for the adoption
of the child. The term includes a male who is less than 18
years of age. "Putative father" does not mean a man who is
the child's father as a result of criminal sexual abuse or
assault as defined under Article 12 of the Criminal Code of
1961.
S. "Standby adoption" means an adoption in which a
terminally ill parent consents to custody and termination of
parental rights to become effective upon the occurrence of a
future event, which is either the death of the terminally ill
parent or the request of the parent for the entry of a final
judgment of adoption.
T. "Terminally ill parent" means a person who has a
medical prognosis by a physician licensed to practice
medicine in all of its branches that the person has an
incurable and irreversible condition which will lead to
death.
(Source: P.A. 89-235, eff. 8-4-95; 89-704, eff. 8-16-97
(changed from 1-1-98 by P.A. 90-443); 90-13, eff. 6-13-97;
90-15, eff. 6-13-97; 90-27, eff. 1-1-98 except subdiv. (D)(m)
eff. 6-25-97; 90-28, eff. 1-1-98 except subdiv. (D)(m) eff.
6-25-97; 90-443, eff. 8-16-97; 90-608, eff. 6-30-98; 90-655,
eff. 7-30-98; revised 10-31-98.)
(750 ILCS 50/5) (from Ch. 40, par. 1507)
Sec. 5. Petition, contents, verification, filing.
A. A proceeding to adopt a child, other than a related
child, shall be commenced by the filing of a petition within
30 days after such child has become available for adoption,
provided that such petition may be filed at a later date by
leave of court upon a showing that the failure to file such
petition within such 30 day period was not due to the
petitioners' culpable negligence or their wilful disregard of
the provisions of this Section. In the case of a child born
outside the United States or a territory thereof, if the
prospective adoptive parents of such child have been
appointed guardians of such child by a court of competent
jurisdiction in a country other than the United States or a
territory thereof, such parents shall file a petition as
provided in this Section within 30 days after entry of the
child into the United States. A petition to adopt an adult
or a related child may be filed at any time. A petition for
adoption may include more than one person sought to be
adopted.
B. A petition to adopt a child other than a related
child shall state:
(a) The full names of the petitioners and, if
minors, their respective ages;
(b) The place of residence of the petitioners and
the length of residence of each in the State of Illinois
immediately preceding the filing of the petition;
(c) When the petitioners acquired, or intend to
acquire, custody of the child, and the name and address
of the persons or agency from whom the child was or will
be received;
(d) The name, the place and date of birth if known,
and the sex of the child sought to be adopted;
(e) The relationship, if any, of the child to each
petitioner;
(f) The names, if known, and the place of
residence, if known, of the parents; and whether such
parents are minors, or otherwise under any legal
disability. The names and addresses of the parents shall
be omitted and they shall not be made parties defendant
to the petition if (1) the rights of the parents have
been terminated by a court of competent jurisdiction, or
(2) if the child has been surrendered to an agency, or
(3) if the parent or parents have been served with the
notice provided in Section 12a of this Act and said
parent or parents have filed a disclaimer of paternity as
therein provided or have failed to file such declaration
of paternity or a request for notice as provided in said
Section; .
(g) If it is alleged that the child has no living
parent, then the name of the guardian, if any, of such
child and the court which appointed such guardian;
(h) If it is alleged that the child has no living
parent and that no guardian of such child is known to
petitioners, then the name of a near relative, if known,
shall be set forth, or an allegation that no near
relative is known and on due inquiry cannot be
ascertained by petitioners; :
(i) The name to be given the child or adult;
(j) That the person or agency, having authority to
consent under Section 8 of this Act, has consented, or
has indicated willingness to consent, to the adoption of
the child by the petitioners, or that the person having
authority to consent is an unfit person and the ground
therefor, or that no consent is required under paragraph
(f) of Section 8 of this Act;
(k) Whatever orders, judgments or decrees have
heretofore been entered by any court affecting (1)
adoption or custody of the child, or (2) the adoptive,
custodial or parental rights of either petitioner,
including the prior denial of any petition for adoption
pertaining to such child, or to the petitioners, or
either of them.
C. A petition to adopt a related child shall include the
information specified in sub-paragraphs (a), (b), (d), (e),
(f), (i) and (k) of paragraph B and a petition to adopt an
adult shall contain the information required by
sub-paragraphs (a), (b) and (i) of paragraph B in addition to
the name, place, date of birth and sex of such adult.
D. The petition shall be verified by the petitioners.
E. Upon the filing of the petition the petitioners shall
furnish the Clerk of the Court in which the petition is
pending such information not contained in such petition as
shall be necessary to enable the Clerk of such Court to
complete a certificate of adoption as hereinafter provided.
F. A petition for standby adoption shall conform to the
requirements of this Act with respect to petition contents,
verification, and filing. The petition for standby adoption
shall also state the facts concerning the consent of the
child's parent to the standby adoption. A petition for
standby adoption shall include the information in paragraph B
if the petitioner seeks to adopt a child other than a related
child. A petition for standby adoption shall include the
information in paragraph C if the petitioner seeks to adopt a
related child or adult.
(Source: P.A. 87-1129; 88-148; revised 10-31-98.)
(750 ILCS 50/6) (from Ch. 40, par. 1508)
Sec. 6. A. Investigation; all cases. Within 10 days
after the filing of a petition for the adoption or standby
adoption of a child other than a related child, the court
shall appoint a child welfare agency approved by the
Department of Children and Family Services or a probation
officer of the court, or in Cook County the Court Services
Division of the Cook County Department of Public Aid, or the
Department of Children and Family Services if the court
determines that no child welfare agency is available or that
the petitioner is financially unable to pay for the
investigation, to investigate accurately, fully and promptly,
the allegations contained in the petition; the character,
reputation, health and general standing in the community of
the petitioners; the religious faith of the petitioners and,
if ascertainable, of the child sought to be adopted; and
whether the petitioners are proper persons to adopt the child
and whether the child is a proper subject of adoption. The
investigation required under this Section shall include a
criminal background check with a review of fingerprints by
State and federal authorities. The criminal background check
required by this Section shall include a listing of when,
where and by whom the criminal background check was prepared.
The criminal background check required by this Section shall
not be more than two years old.
Neither a clerk of the circuit court nor a judge may
require that a criminal background check or fingerprint
review be filed with, or at the same time as, an initial
petition for adoption.
B. Investigation; foreign-born child. In the case of a
child born outside the United States or a territory thereof,
in addition to the investigation required under subsection
(A) of this Section, a post-placement investigation shall be
conducted in accordance with the requirements of the Child
Care Act of 1969, the Interstate Compact on the Placement of
Children, and regulations of the foreign placing agency and
the supervising agency.
The requirements of a post-placement investigation shall
be deemed to have been satisfied if a valid final order or
judgment of adoption has been entered by a court of competent
jurisdiction in a country other than the United States or a
territory thereof with respect to such child and the
petitioners.
C. Report of investigation. The court shall determine
whether the costs of the investigation shall be charged to
the petitioners. The information obtained as a result of such
investigation shall be presented to the court in a written
report. The results of the criminal background check required
under subsection (A) shall be provided to the court for its
review. The court may, in its discretion, weigh the
significance of the results of the criminal background check
against the entirety of the background of the petitioners.
The Court, in its discretion, may accept the report of the
investigation previously made by a licensed child welfare
agency, if made within one year prior to the entry of the
judgment. Such report shall be treated as confidential and
withheld from inspection unless findings adverse to the
petitioners or to the child sought to be adopted are
contained therein, and in that event the court shall inform
the petitioners of the relevant portions pertaining to the
adverse findings. In no event shall any facts set forth in
the report be considered at the hearing of the proceeding,
unless established by competent evidence. The report shall be
filed with the record of the proceeding. If the file
relating to the proceeding is not impounded, the report shall
be impounded by the clerk of the court and shall be made
available for inspection only upon order of the court.
D. Related adoption. Such investigation shall not be
made when the petition seeks to adopt a related child or an
adult unless the court, in its discretion, shall so order. In
such an event the court may appoint a person deemed competent
by the court.
(Source: P.A. 87-1129; 88-148.)
(750 ILCS 50/7) (from Ch. 40, par. 1509)
Sec. 7. Process.
A. All persons named in the petition for adoption or
standby adoption, other than the petitioners and any party
who has previously either denied being a parent pursuant to
Section 12a of this Act or whose rights have been terminated
pursuant to Section 12a of this Act, but including the person
sought to be adopted, shall be made parties defendant by
name, and if the name or names of any such persons are
alleged in the petition to be unknown such persons shall be
made parties defendant under the name and style of "All whom
it may concern". In all such actions petitioner or his
attorney shall file, at the office of the clerk of the court
in which the action is pending, an affidavit showing that the
defendant resides or has gone out of this State, or on due
inquiry cannot be found, or is concealed within this State,
so that process cannot be served upon him, and stating the
place of residence of the defendant, if known, or that upon
diligent inquiry his place of residence cannot be
ascertained, the clerk shall cause publication to be made in
some newspaper published in the county in which the action is
pending. If there is no newspaper published in that county,
then the publication shall be in a newspaper published in an
adjoining county in this State, having a circulation in the
county in which such action is pending. In the event there is
service on any of the parties by publication, the publication
shall contain notice of pendency of the action, the name of
the person to be adopted and the name of the parties to be
served by publication, and the date on or after which default
may be entered against such parties. Neither the name of
petitioners nor the name of any party who has either
surrendered said child, has given their consent to the
adoption of the child, or whose parental rights have been
terminated by a court of competent jurisdiction shall be
included in the notice of publication. The Clerk shall also,
within ten (10) days of the first publication of the notice,
send a copy thereof by mail, addressed to each defendant
whose place of residence is stated in such affidavit. The
certificate of the Clerk that he sent the copies pursuant to
this section is evidence that he has done so. Except as
provided in this section pertaining to service by
publication, all parties defendant shall be notified of the
proceedings in the same manner as is now or may hereafter be
required in other civil cases or proceedings. Any party
defendant who is of age of 14 years or upward may waive
service of process by entering an appearance in writing. The
form to be used for publication shall be substantially as
follows: "ADOPTION NOTICE - STATE OF ILLINOIS, County of
...., ss. - Circuit Court of .... County. In the matter of
the Petition for the Adoption of ...., a ..male child.
Adoption No. ..... To-- .... (whom it may concern or the
named parent) Take notice that a petition was filed in the
Circuit Court of .... County, Illinois, for the adoption of a
child named ..... Now, therefore, unless you ...., and all
whom it may concern, file your answer to the Petition in the
action or otherwise file your appearance therein, in the said
Circuit Court of ...., County, Room ...., ...., in the City
of ...., Illinois, on or before the .... day of ...., a
default may be entered against you at any time after that day
and a judgment entered in accordance with the prayer of said
Petition. Dated, ...., Illinois, .... ...., Clerk. (Name and
address of attorney for petitioners.)
B. A minor defendant who has been served in accordance
with this Section may be defaulted in the same manner as any
other defendant.
C. Notwithstanding any inconsistent provision of this or
any other law, and in addition to the notice requirements of
any law pertaining to persons other than those specified in
this subsection, the persons entitled to notice that a
petition has been filed under Section 5 of this Act shall
include:
(a) any person adjudicated by a court in this State
to be the father of the child;
(b) any person adjudicated by a court of another
state or territory of the United States to be the father
of the child, when a certified copy of the court order
has been filed with the Putative Father Registry under
Section 12.1 of this Act;
(c) any person who at the time of the filing of the
petition is registered in the Putative Father Registry
under Section 12.1 of this Act as the putative father of
the child;
(d) any person who is recorded on the child's birth
certificate as the child's father;
(e) any person who is openly living with the child
or the child's mother at the time the proceeding is
initiated and who is holding himself out to be the
child's father;
(f) any person who has been identified as the
child's father by the mother in a written, sworn
statement, including an Affidavit of Identification as
specified under Section 11 of this Act;
(g) any person who was married to the child's
mother on the date of the child's birth or within 300
days prior to the child's birth.
The sole purpose of notice under this Section shall be to
enable the person receiving notice to appear in the adoption
proceedings to present evidence to the court relevant to the
best interests of the child.
(Source: P.A. 89-315, eff. 1-1-96.)
(750 ILCS 50/9) (from Ch. 40, par. 1511)
Sec. 9. Time for taking a consent or surrender.
A. A consent or a surrender taken not less than 72 hours
after the birth of the child is irrevocable except as
provided in Section 11 of this Act.
B. No consent or surrender shall be taken within the 72
hour period immediately following the birth of the child.
C. A consent or a surrender may be taken from the father
prior to the birth of the child. Such consent or surrender
shall be revoked if, within 72 hours after the birth of the
child, the father who gave such consent or surrender,
notifies in writing the person, agency or court
representative who took the surrender or consent or any
individual representing or connected with such person, agency
or court representative of the revocation of the consent or
surrender.
D. Any consent or surrender taken in accordance with
paragraph C above which is not revoked within 72 hours after
the birth of the child is irrevocable except as provided in
Section 11 of this Act.
E. Consent may be given to a standby adoption by a
terminally ill parent whose consent is required pursuant to
Section 8 of this Act to become effective when the terminally
ill parent of the child dies or that parent requests that the
final judgment of adoption be entered.
(Source: P.A. 78-854.)
(750 ILCS 50/10) (from Ch. 40, par. 1512)
Sec. 10. Forms of consent and surrender; execution and
acknowledgment thereof.
A. The form of consent required for the adoption of a
born child shall be substantially as follows:
FINAL AND IRREVOCABLE CONSENT TO ADOPTION
I, ...., (relationship, e.g., mother, father, relative,
guardian) of ...., a ..male child, state:
That such child was born on .... at ....
That I reside at ...., County of .... and State of ....
That I am of the age of .... years.
That I hereby enter my appearance in this proceeding and
waive service of summons on me.
That I do hereby consent and agree to the adoption of
such child.
That I wish to and understand that by signing this
consent I do irrevocably and permanently give up all custody
and other parental rights I have to such child.
That I understand such child will be placed for adoption
and that I cannot under any circumstances, after signing this
document, change my mind and revoke or cancel this consent or
obtain or recover custody or any other rights over such
child. That I have read and understand the above and I am
signing it as my free and voluntary act.
Dated (insert date).
this .... day of ...., 19....
.........................
If under Section 8 the consent of more than one person is
required, then each such person shall execute a separate
consent.
B. The form of consent required for the adoption of an
unborn child shall be substantially as follows:
CONSENT TO ADOPTION OF UNBORN CHILD
I, ...., state:
That I am the father of a child expected to be born on or
about .... to .... (name of mother).
That I reside at .... County of ...., and State of .....
That I am of the age of .... years.
That I hereby enter my appearance in such adoption
proceeding and waive service of summons on me.
That I do hereby consent and agree to the adoption of
such child, and that I have not previously executed a consent
or surrender with respect to such child.
That I wish to and do understand that by signing this
consent I do irrevocably and permanently give up all custody
and other parental rights I have to such child, except that I
have the right to revoke this consent by giving written
notice of my revocation not later than 72 hours after the
birth of the child.
That I understand such child will be placed for adoption
and that, except as hereinabove provided, I cannot under any
circumstances, after signing this document, change my mind
and revoke or cancel this consent or obtain or recover
custody or any other rights over such child.
That I have read and understand the above and I am
signing it as my free and voluntary act.
Dated (insert date). this .... day of ...., 19...
........................
B-5. (1) The parent of a child may execute a consent to
standby adoption by a specified person or persons. A consent
under this subsection B-5 shall be acknowledged by a parent
pursuant to subsection H and subsection K of this Section.
The form of consent required for the standby adoption of a
born child effective at a future date when the terminally ill
parent of the child dies or requests that a final judgment of
adoption be entered shall be substantially as follows:
FINAL AND IRREVOCABLE CONSENT
TO STANDBY ADOPTION
I, ..., (relationship, e.g. mother or father) of ...., a
..male child, state:
That the child was born on .... at .....
That I reside at ...., County of ...., and State of .....
That I am of the age of .... years.
That I hereby enter my appearance in this proceeding and
waive service of summons on me in this action only.
That I do hereby consent and agree to the standby
adoption of the child, and that I have not previously
executed a consent or surrender with respect to the child.
That (I am terminally ill) (the child's other parent is
terminally ill).
That I wish to and understand that by signing this
consent I do irrevocably and permanently give up all custody
and other parental rights I have to the child, effective upon
(my death) (the child's other parent's death) or upon (my)
(the terminally ill parent's) request for the entry of a
final judgment for adoption if ..... (specified person or
persons) adopt my child.
That I understand that until (I die) (the child's other
parent dies), I retain all legal rights and obligations
concerning the child, but at that time, I irrevocably give
all custody and other parental rights to .... (specified
person or persons).
I understand my child will be adopted by .......
(specified person or persons) only and that I cannot, under
any circumstances, after signing this document, change my
mind and revoke or cancel this consent or obtain or recover
custody or any other rights over my child if ..... (specified
person or persons) adopt my child.
I understand that this consent to standby adoption is
valid only if the petition for standby adoption is filed and
that if ....... (specified person or persons), for any
reason, cannot or will not file a petition for standby
adoption or if his, her, or their petition for standby
adoption is denied, then this consent is void. I have the
right to notice of any other proceeding that could affect my
parental rights.
That I have read and understand the above and I am
signing it as my free and voluntary act.
Dated (insert date).
....................
If under Section 8 the consent of more than one person is
required, then each such person shall execute a separate
consent. A separate consent shall be executed for each
child.
(2) If the parent consents to a standby adoption by 2
specified persons, then the form shall contain 2 additional
paragraphs in substantially the following form:
If .... (specified persons) obtain a judgment of
dissolution of marriage before the judgment for adoption is
entered, then ..... (specified person) shall adopt my child.
I understand that I cannot change my mind and revoke this
consent or obtain or recover custody of my child if .....
(specified persons) obtain a judgment of dissolution of
marriage and ..... (specified person) adopts my child. I
understand that I cannot change my mind and revoke this
consent if ...... (specified persons) obtain a judgment of
dissolution of marriage before the adoption is final. I
understand that this consent to adoption has no effect on who
will get custody of my child if ..... (specified persons)
obtain a judgment of dissolution of marriage after the
adoption is final. I understand that if either .....
(specified persons) dies before the petition to adopt my
child is granted, then the surviving person may adopt my
child. I understand that I cannot change my mind and revoke
this consent or obtain or recover custody of my child if the
surviving person adopts my child.
A consent to standby adoption by specified persons on
this form shall have no effect on a court's determination of
custody or visitation under the Illinois Marriage and
Dissolution of Marriage Act if the marriage of the specified
persons is dissolved before the adoption is final.
(3) The form of the certificate of acknowledgement for a
Final and Irrevocable Consent for Standby Adoption shall be
substantially as follows:
STATE OF .....)
) SS.
COUNTY OF ....)
I, ....... (name of Judge or other person) .....
(official title, name, and address), certify that .......,
personally known to me to be the same person whose name is
subscribed to the foregoing Final and Irrevocable Consent to
Standby Adoption, appeared before me this day in person and
acknowledged that (she) (he) signed and delivered the consent
as (her) (his) free and voluntary act, for the specified
purpose.
I have fully explained that this consent to adoption is
valid only if the petition to adopt is filed, and that if the
specified person or persons, for any reason, cannot or will
not adopt the child or if the adoption petition is denied,
then this consent will be void. I have fully explained that
if the specified person or persons adopt the child, by
signing this consent (she) (he) is irrevocably and
permanently relinquishing all parental rights to the child,
and (she) (he) has stated that such is (her) (his) intention
and desire.
Dated (insert date).
Signature..............................
(4) If a consent to standby adoption is executed in this
form, the consent shall be valid only if the specified person
or persons adopt the child. The consent shall be void if:
(a) the specified person or persons do not file a
petition for standby adoption of the child; or
(b) a court denies the standby adoption petition.
The parent shall not need to take further action to
revoke the consent if the standby adoption by the specified
person or persons does not occur, notwithstanding the
provisions of Section 11 of this Act.
C. The form of surrender to any agency given by a parent
of a born child who is to be subsequently placed for adoption
shall be substantially as follows and shall contain such
other facts and statements as the particular agency shall
require.
FINAL AND IRREVOCABLE SURRENDER
FOR PURPOSES OF ADOPTION
I, .... (relationship, e.g., mother, father, relative,
guardian) of ...., a ..male child, state:
That such child was born on ...., at .....
That I reside at ...., County of ...., and State of .....
That I am of the age of .... years.
That I do hereby surrender and entrust the entire custody
and control of such child to the .... (the "Agency"), a
(public) (licensed) child welfare agency with its principal
office in the City of ...., County of .... and State of ....,
for the purpose of enabling it to care for and supervise the
care of such child, to place such child for adoption and to
consent to the legal adoption of such child.
That I hereby grant to the Agency full power and
authority to place such child with any person or persons it
may in its sole discretion select to become the adopting
parent or parents and to consent to the legal adoption of
such child by such person or persons; and to take any and all
measures which, in the judgment of the Agency, may be for the
best interests of such child, including authorizing medical,
surgical and dental care and treatment including inoculation
and anaesthesia for such child.
That I wish to and understand that by signing this
surrender I do irrevocably and permanently give up all
custody and other parental rights I have to such child.
That I understand I cannot under any circumstances, after
signing this surrender, change my mind and revoke or cancel
this surrender or obtain or recover custody or any other
rights over such child.
That I have read and understand the above and I am
signing it as my free and voluntary act.
Dated (insert date). this .... day of ...., 19...
........................
D. The form of surrender to an agency given by a parent
of an unborn child who is to be subsequently placed for
adoption shall be substantially as follows and shall contain
such other facts and statements as the particular agency
shall require.
SURRENDER OF UNBORN CHILD FOR
PURPOSES OF ADOPTION
I, .... (father), state:
That I am the father of a child expected to be born on or
about .... to .... (name of mother).
That I reside at ...., County of ...., and State of .....
That I am of the age of .... years.
That I do hereby surrender and entrust the entire custody
and control of such child to the .... (the "Agency"), a
(public) (licensed) child welfare agency with its principal
office in the City of ...., County of .... and State of ....,
for the purpose of enabling it to care for and supervise the
care of such child, to place such child for adoption and to
consent to the legal adoption of such child, and that I have
not previously executed a consent or surrender with respect
to such child.
That I hereby grant to the Agency full power and
authority to place such child with any person or persons it
may in its sole discretion select to become the adopting
parent or parents and to consent to the legal adoption of
such child by such person or persons; and to take any and all
measures which, in the judgment of the Agency, may be for the
best interests of such child, including authorizing medical,
surgical and dental care and treatment, including inoculation
and anaesthesia for such child.
That I wish to and understand that by signing this
surrender I do irrevocably and permanently give up all
custody and other parental rights I have to such child.
That I understand I cannot under any circumstances, after
signing this surrender, change my mind and revoke or cancel
this surrender or obtain or recover custody or any other
rights over such child, except that I have the right to
revoke this surrender by giving written notice of my
revocation not later than 72 hours after the birth of such
child.
That I have read and understand the above and I am
signing it as my free and voluntary act.
Dated (insert date). this .... day of ...., 19...
........................
E. The form of consent required from the parents for the
adoption of an adult, when such adult elects to obtain such
consent, shall be substantially as follows:
CONSENT
I, ...., (father) (mother) of ...., an adult, state:
That I reside at ...., County of .... and State of .....
That I do hereby consent and agree to the adoption of
such adult by .... and .....
Dated (insert date). this .... day of .......... 19
.........................
F. The form of consent required for the adoption of a
child of the age of 14 years or upwards, or of an adult, to
be given by such person, shall be substantially as follows:
CONSENT
I, ...., state:
That I reside at ...., County of .... and State of .....
That I am of the age of .... years. That I consent and agree
to my adoption by .... and .....
Dated (insert date). this .... day of ......., 19...
........................
G. The form of consent given by an agency to the
adoption by specified persons of a child previously
surrendered to it shall set forth that the agency has the
authority to execute such consent. The form of consent given
by a guardian of the person of a child sought to be adopted,
appointed by a court of competent jurisdiction, shall set
forth the facts of such appointment and the authority of the
guardian to execute such consent.
H. A consent (other than that given by an agency, or
guardian of the person of the child sought to be adopted
appointed by a court of competent jurisdiction) shall be
acknowledged by a parent before the presiding judge of the
court in which the petition for adoption has been, or is to
be filed or before any other judge or hearing officer
designated or subsequently approved by the court, or the
circuit clerk if so authorized by the presiding judge or,
except as otherwise provided in this Act, before a
representative of the Department of Children and Family
Services or a licensed child welfare agency, or before social
service personnel under the jurisdiction of a court of
competent jurisdiction, or before social service personnel of
the Cook County Department of Supportive Services designated
by the presiding judge.
I. A surrender, or any other document equivalent to a
surrender, by which a child is surrendered to an agency shall
be acknowledged by the person signing such surrender, or
other document, before a judge or hearing officer or the
clerk of any court of record, either in this State or any
other state of the United States, or before a representative
of an agency or before any other person designated or
approved by the presiding judge of the court in which the
petition for adoption has been, or is to be, filed.
J. The form of the certificate of acknowledgment for a
consent, a surrender, or any other document equivalent to a
surrender, shall be substantially as follows:
STATE OF ....)
) SS.
COUNTY OF ...)
I, .... (Name of judge or other person), .... (official
title, name and location of court or status or position of
other person), certify that ...., personally known to me to
be the same person whose name is subscribed to the foregoing
(consent) (surrender), appeared before me this day in person
and acknowledged that (she) (he) signed and delivered such
(consent) (surrender) as (her) (his) free and voluntary act,
for the specified purpose.
I have fully explained that by signing such (consent)
(surrender) (she) (he) is irrevocably relinquishing all
parental rights to such child or adult and (she) (he) has
stated that such is (her) (his) intention and desire.
Dated (insert date). 19
Signature ...............
K. When the execution of a consent or a surrender is
acknowledged before someone other than a judge or the clerk
of a court of record, such other person shall have his
signature on the certificate acknowledged before a notary
public, in form substantially as follows:
STATE OF ....)
) SS.
COUNTY OF ...)
I, a Notary Public, in and for the County of ......, in
the State of ......, certify that ...., personally known to
me to be the same person whose name is subscribed to the
foregoing certificate of acknowledgment, appeared before me
in person and acknowledged that (she) (he) signed such
certificate as (her) (his) free and voluntary act and that
the statements made in the certificate are true.
Dated (insert date). ......... 19...
Signature ...................... Notary Public
(official seal)
There shall be attached a certificate of magistracy, or
other comparable proof of office of the notary public
satisfactory to the court, to a consent signed and
acknowledged in another state.
L. A surrender or consent executed and acknowledged
outside of this State, either in accordance with the law of
this State or in accordance with the law of the place where
executed, is valid.
M. Where a consent or a surrender is signed in a foreign
country, the execution of such consent shall be acknowledged
or affirmed in a manner conformable to the law and procedure
of such country.
N. If the person signing a consent or surrender is in
the military service of the United States, the execution of
such consent or surrender may be acknowledged before a
commissioned officer and the signature of such officer on
such certificate shall be verified or acknowledged before a
notary public or by such other procedure as is then in effect
for such division or branch of the armed forces.
O. (1) The parent or parents of a child in whose
interests a petition under Section 2-13 of the Juvenile Court
Act of 1987 is pending may, with the approval of the
designated representative of the Department of Children and
Family Services, execute a consent to adoption by a specified
person or persons:
(a) in whose physical custody the child has resided
for at least one year; or
(b) in whose physical custody at least one sibling
of the child who is the subject of this consent has
resided for at least one year, and the child who is the
subject of this consent is currently residing in this
foster home; or
(c) in whose physical custody a child under one
year of age has resided for at least 3 months.
A consent under this subsection O shall be acknowledged by a
parent pursuant to subsection H and subsection K of this
Section.
(2) The consent to adoption by a specified person or
persons shall have the caption of the proceeding in which it
is to be filed and shall be substantially as follows:
FINAL AND IRREVOCABLE CONSENT TO ADOPTION BY
A SPECIFIED PERSON OR PERSONS
I, ......................................, the
.................. (mother or father) of a ....male child,
state:
1. My child ............................ (name of
child) was born on (insert date) ............, ...... at
.................... Hospital in ................ County,
State of ...............
2. I reside at ......................, County of
............. and State of ..............
3. I, ..........................., am .... years
old.
4. I enter my appearance in this action to adopt my
child by the person or persons specified herein by me and
waive service of summons on me in this action only.
5. I consent to the adoption of my child by
............................. (specified person or
persons) only.
6. I wish to sign this consent and I understand
that by signing this consent I irrevocably and
permanently give up all parental rights I have to my
child if my child is adopted by
............................. (specified person or
persons).
7. I understand my child will be adopted by
............................. (specified person or
persons) only and that I cannot under any circumstances,
after signing this document, change my mind and revoke or
cancel this consent or obtain or recover custody or any
other rights over my child if
............................ (specified person or
persons) adopt my child.
8. I understand that this consent to adoption is
valid only if the petition to adopt is filed within one
year from the date that I sign it and that if
....................... (specified person or persons),
for any reason, cannot or will not file a petition to
adopt my child within that one year period or if their
adoption petition is denied, then this consent will be
void. I have the right to notice of any other proceeding
that could affect my parental rights, except for the
proceeding for ............. (specified person or
persons) to adopt my child.
9. I have read and understand the above and I am
signing it as my free and voluntary act.
Dated (insert date). this ..... day of .....,
.......
.............................................
Signature of parent
(3) If the parent consents to an adoption by 2 specified
persons, then the form shall contain 2 additional paragraphs
in substantially the following form:
10. If ............... (specified persons) get a
divorce before the petition to adopt my child is granted,
then .......... (specified person) shall adopt my child.
I understand that I cannot change my mind and revoke this
consent or obtain or recover custody over my child if
............. (specified persons) divorce and
............. (specified person) adopts my child. I
understand that I cannot change my mind and revoke this
consent or obtain or recover custody over my child if
................. (specified persons) divorce after the
adoption is final. I understand that this consent to
adoption has no effect on who will get custody of my
child if they divorce after the adoption is final.
11. I understand that if either ...............
(specified persons) dies before the petition to adopt my
child is granted, then the surviving person can adopt my
child. I understand that I cannot change my mind and
revoke this consent or obtain or recover custody over my
child if the surviving person adopts my child.
A consent to adoption by specified persons on this form
shall have no effect on a court's determination of custody or
visitation under the Illinois Marriage and Dissolution of
Marriage Act if the marriage of the specified persons is
dissolved after the adoption is final.
(4) The form of the certificate of acknowledgement for a
Final and Irrevocable Consent for Adoption by a Specified
Person or Persons shall be substantially as follows:
STATE OF..............)
) SS.
COUNTY OF.............)
I, .................... (Name of Judge or other person),
..................... (official title, name, and address),
certify that ............., personally known to me to be the
same person whose name is subscribed to the foregoing Final
and Irrevocable Consent for Adoption by a Specified Person or
Persons, appeared before me this day in person and
acknowledged that (she)(he) signed and delivered the consent
as (her)(his) free and voluntary act, for the specified
purpose.
I have fully explained that this consent to adoption is
valid only if the petition to adopt is filed within one year
from the date that it is signed, and that if the specified
person or persons, for any reason, cannot or will not adopt
the child or if the adoption petition is denied, then this
consent will be void. I have fully explained that if the
specified person or persons adopt the child, by signing this
consent (she)(he) is irrevocably and permanently
relinquishing all parental rights to the child, and (she)(he)
has stated that such is (her)(his) intention and desire.
Dated (insert date). ............., ........
...............................
Signature
(5) If a consent to adoption by a specified person or
persons is executed in this form, the following provisions
shall apply. The consent shall be valid only if that
specified person or persons adopt the child. The consent
shall be void if:
(a) the specified person or persons do not file a
petition to adopt the child within one year after the
consent is signed; or
(b) a court denies the adoption petition; or
(c) the Department of Children and Family Services
Guardianship Administrator determines that the specified
person or persons will not or cannot complete the
adoption, or in the best interests of the child should
not adopt the child.
Within 30 days of the consent becoming void, the
Department of Children and Family Services Guardianship
Administrator shall make good faith attempts to notify the
parent in writing and shall give written notice to the court
and all additional parties in writing that the adoption has
not occurred or will not occur and that the consent is void.
If the adoption by a specified person or persons does not
occur, no proceeding for termination of parental rights shall
be brought unless the biological parent who executed the
consent to adoption by a specified person or persons has been
notified of the proceeding pursuant to Section 7 of this Act
or subsection (4) of Section 2-13 of the Juvenile Court Act
of 1987. The parent shall not need to take further action to
revoke the consent if the specified adoption does not occur,
notwithstanding the provisions of Section 11 of this Act.
(6) The Department of Children and Family Services is
authorized to promulgate rules necessary to implement this
subsection O.
(7) The Department shall collect and maintain data
concerning the efficacy of specific consents. This data
shall include the number of specific consents executed and
their outcomes, including but not limited to the number of
children adopted pursuant to the consents, the number of
children for whom adoptions are not completed, and the reason
or reasons why the adoptions are not completed.
(Source: P.A. 89-704, eff. 8-16-97 (changed from 1-1-98 by
P.A. 90-443); 90-608, eff. 6-30-98; 90-655, eff. 7-30-98;
revised 10-20-98.)
(750 ILCS 50/11) (from Ch. 40, par. 1513)
Sec. 11. Consents, surrenders, irrevocability.
(a) A consent to adoption or standby adoption by a
parent, including a minor, executed and acknowledged in
accordance with the provisions of Section 8 of this Act, or a
surrender of a child by a parent, including a minor, to an
agency for the purpose of adoption shall be irrevocable
unless it shall have been obtained by fraud or duress on the
part of the person before whom such consent, surrender, or
other document equivalent to a surrender is acknowledged
pursuant to the provisions of Section 10 of this Act or on
the part of the adopting parents or their agents and a court
of competent jurisdiction shall so find. No action to void
or revoke a consent to or surrender for adoption, including
an action based on fraud or duress, may be commenced after 12
months from the date the consent or surrender was executed.
The consent or surrender of a parent who is a minor shall not
be voidable because of such minority.
(b) The petitioners in an adoption proceeding are
entitled to rely upon a sworn statement of the biological
mother of the child to be adopted identifying the father of
her child. The affidavit shall be conclusive evidence as to
the biological mother regarding the facts stated therein, and
shall create a rebuttable presumption of truth as to the
biological father only. Except as provided in Section 11 of
this Act, the biological mother of the child shall be
permanently barred from attacking the proceeding thereafter.
The biological mother shall execute such affidavit in writing
and under oath. The affidavit shall be executed by the
biological mother before or at the time of execution of the
consent or surrender, and shall be retained by the court and
be a part of the Court's files. The form of affidavit shall
be substantially as follows:
AFFIDAVIT OF IDENTIFICATION
I, ................., the mother of a (male or female)
child, state under oath or affirm as follows:
(1) That the child was born, or is expected to be born,
on (insert date), the ... day of ..........., 199.., at
......................., in the State of ...................
(2) That I reside at .................., in the City or
Village of ..........., State of ...................
(3) That I am of the age of ....... years.
(4) That I acknowledge that I have been asked to
identify the father of my child.
(5) (CHECK ONE)
.... I know and am identifying the biological father.
.... I do not know the identity of the biological father.
.... I am unwilling to identify the biological father.
(6A) If I know and am identifying the father:
That the name of the biological father is
....................; his last known home address is
............; his last known work address is
....................; and he is ..... years of age; or he is
deceased, having died on (insert date) the ...... day of
............, 19...., at .............., in the State of
..................
(6B) If I do not know the identity of the biological
father:
I do not know who the biological father is; the following
is an explanation of why I am unable to identify him:
.............................................................
.............................................................
.............................................................
(6C) If I am unwilling to identify the biological
father:
I do not wish to name the biological father of the child
for the following reasons:
.............................................................
.............................................................
.............................................................
(7) The physical description of the biological father
is: .........................................................
.............................................................
.............................................................
(8) I reaffirm that the information contained in
paragraphs 5, 6, and 7, inclusive, is true and correct.
(9) I have been informed and understand that if I am
unwilling, refuse to identify, or misidentify the biological
father of the child, absent fraud or duress, I am permanently
barred from attacking the proceedings for the adoption of the
child at any time after I sign a final and irrevocable
consent to adoption or surrender for purposes of adoption.
(10) I have read this Affidavit and have had the
opportunity to review and question it; it was explained to me
by ............................; and I am signing it as my
free and voluntary act and understand the contents and the
results of signing it.
Dated (insert date). this... day of ...................,
199...
...................................
Signature
Under penalties as provided by law under Section 1-109 of
the Code of Civil Procedure, the undersigned certifies that
the statements set forth in this Affidavit are true and
correct.
...................................
Signature
(Source: P.A. 88-550, eff. 7-3-94; 89-315, eff. 1-1-96;
revised 10-20-98.)
(750 ILCS 50/13) (from Ch. 40, par. 1516)
Sec. 13. Interim order. As soon as practicable after the
filing of a petition for adoption the court shall hold a
hearing for the following purposes:
A. In other than an adoption of a related child or an
adoption through an agency, or of an adult:
(a) To determine the validity of the consent,
provided that the execution of a consent pursuant to this
Act shall be prima facie evidence of its validity, and
provided that the validity of a consent shall not be
affected by the omission therefrom of the names of the
petitioners or adopting parents at the time the consent
is executed or acknowledged, and further provided that
the execution of a consent prior to the filing of a
petition for adoption shall not affect its validity.
(b) To determine whether there is available
suitable temporary custodial care for a child sought to
be adopted.
B. In all cases except standby adoptions:
(a) The court shall appoint some licensed attorney
other than the State's attorney acting in his or her
official capacity as guardian ad litem to represent a
child sought to be adopted. Such guardian ad litem shall
have power to consent to the adoption of the child, if
such consent is required.
(b) The court shall appoint a guardian ad litem for
all named minors or defendants who are persons under
legal disability, if any.
(c) If the petition alleges a person to be unfit
pursuant to the provisions of subparagraph (p) of
paragraph D of Section 1 of this Act, such person shall
be represented by counsel. If such person is indigent or
an appearance has not been entered on his behalf at the
time the matter is set for hearing, the court shall
appoint as counsel for him either the Guardianship and
Advocacy Commission, the public defender, or, only if no
attorney from the Guardianship and Advocacy Commission or
the public defender is available, an attorney licensed to
practice law in this State.
(d) If it is proved to the satisfaction of the
court, after such investigation as the court deems
necessary, that termination of parental rights and
temporary commitment of the child to an agency or to a
person deemed competent by the court, including
petitioners, will be for the welfare of the child, the
court may order the child to be so committed and may
terminate the parental rights of the parents and declare
the child a ward of the court or, if it is not so proved,
the court may enter such other order as it shall deem
necessary and advisable.
(e) Before an interim custody order is granted
under this Section, service of summons shall be had upon
the parent or parents whose rights have not been
terminated, except as provided in subsection (f).
Reasonable notice and opportunity to be heard shall be
given to the parent or parents after service of summons
when the address of the parent or parents is available.
The party seeking an interim custody order shall make all
reasonable efforts to locate the parent or parents of the
child or children they are seeking to adopt and to notify
the parent or parents of the party's request for an
interim custody order pursuant to this Section.
(f) An interim custody order may be granted without
notice upon presentation to the court of a written
petition, accompanied by an affidavit, stating that there
is an immediate danger to the child and that irreparable
harm will result to the child if notice is given to the
parent or parents or legal guardian. Upon making a
finding that there is an immediate danger to the child if
service of process is had upon and notice of hearing is
given to the parent or parents or legal guardian prior to
the entry of an order granting temporary custody to
someone other than a parent or legal guardian, the court
may enter an order of temporary custody which shall
expire not more than 10 days after its entry. Every ex
parte custody order granted without notice shall state
the injury which the court sought to avoid by granting
the order, the irreparable injury that would have
occurred had notice been given, and the reason the order
was granted without notice. The matter shall be set down
for full hearing before the expiration of the ex parte
order and will be heard after service of summons is had
upon and notice of hearing is given to the parent or
parents or legal guardian. At the hearing the burden of
proof shall be upon the party seeking to extend the
interim custody order to show that the order was properly
granted without notice and that custody should remain
with the party seeking to adopt during the pendency of
the adoption proceeding. If the interim custody order is
extended, the reasons for granting the extension shall be
stated in the order.
C. In the case of a child born outside the United States
or a territory thereof, if the petitioners have previously
been appointed guardians of such child by a court of
competent jurisdiction in a country other than the United
States or a territory thereof, the court may order that the
petitioners continue as guardians of such child.
D. In standby adoption cases:
(a) The court shall appoint a licensed attorney other
than the State's Attorney acting in his or her official
capacity as guardian ad litem to represent a child sought to
be adopted. The guardian ad litem shall have power to
consent to the adoption of the child, if consent is required.
(b) The court shall appoint a guardian ad litem for all
named minors or defendants who are persons under legal
disability, if any.
(c) The court lacks jurisdiction to proceed on the
petition for standby adoption if the child has a living
parent, adoptive parent, or adjudicated parent whose rights
have not been terminated and whose whereabouts are known,
unless the parent consents to the standby adoption or, after
receiving notice of the hearing on the standby adoption
petition, fails to object to the appointment of a standby
adoptive parent at the hearing on the petition.
(d) The court shall investigate as needed for the welfare
of the child and shall determine whether the petitioner or
petitioners shall be permitted to adopt.
(Source: P.A. 89-644, eff. 1-1-97; 89-686, eff. 6-1-97;
90-14, eff. 7-1-97; 90-349, eff. 1-1-98.)
(750 ILCS 50/13.1 new)
Sec. 13.1. Order for standby adoption.
(a) If it is proved to the satisfaction of the court,
after such investigation as the court deems necessary, that
the child's parent consents to or fails to object to the
standby adoption and adoption by the petitioner will be for
the welfare of the child, the court may enter an order for
standby adoption. However, the consenting terminally ill
parent's parental rights may not be terminated until consent
becomes effective.
(b) The order for standby adoption shall be final as to
all findings and shall be followed in the judgment of
adoption 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.
(c) Once the standby adoptive parent receives knowledge
of the death of the terminally ill parent, or the terminally
ill parent requests that a final judgment for adoption be
entered, the standby adoptive parent shall have 60 days to
apply for a judgment for adoption.
(750 ILCS 50/14) (from Ch. 40, par. 1517)
Sec. 14. Judgment.
(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 agency, shall 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.
(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.
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 proceedings.
(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 costs, 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 Act.
(f) A judgment for adoption of a related child, an
adult, or a child as to 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 terminally ill parent or upon the
terminally ill 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 terminally ill parent or
the terminally ill 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. 88-148.)
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