Illinois General Assembly - Bill Status for HB2405

Amends the Adoption Act. Provides that a consent shall be acknowledged before a judge of a court of competent jurisdiction (instead of the presiding judge of the court in which the petition for adoption has been or is to be filed or before any other judge designated or approved by the court or an authorized circuit clerk) or before a representative of an agency (instead of the Department of Children and Family Services or a licensed child welfare agency) or before a person, other than the attorney for the adoptive parents, designated by a court of competent jurisdiction (instead of before social service personnel of a court of competent jurisdiction or social service personnel of the Cook County Department of Supportive Services designated by the presiding judge). Provides that a surrender shall be acknowledged before a judge of a court of competent jurisdiction (instead of a judge, hearing officer, or court clerk in Illinois or another other state). Provides that a person incarcerated or detained in a prison or comparable institution who executes a consent or surrender may have it acknowledged by social service personnel of that institution or by a person designated by a court of competent jurisdiction. Provides that a consent or surrender may be acknowledged telephonically, via audiovisual connection, or other electronic means, provided that a court of competent jurisdiction has entered an order approving that method and has designated an individual to be physically present with the parent executing the consent or surrender to verify the parent's identity. Provides that an agency representative acknowledging a consent or surrender shall be from a public child welfare agency, child welfare agency, or a child placing agency that is authorized or licensed in the state or jurisdiction in which the consent or surrender is signed.

Further amends the Adoption Act. Provides that a consent or surrender may be acknowledged telephonically or by other electronic means, provided that a court order approved the execution of the consent or surrender in such manner and designated an individual to be physically present with the parent executing such consent or surrender in order to verify the identity (instead of identify) of the parent.

Further amends the Adoption Act. Provides that the provisions apply to a consent (instead of a consent or surrender). Makes other changes.

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

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