093_HB3552enr

 
HB3552 Enrolled                      LRB093 09879 LCB 10127 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
 
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 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,
 
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 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
 
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 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
 
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 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.)