Full Text of SB2559 101st General Assembly
SB2559eng 101ST GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning civil law.
| 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 Sections | 5 | | 1, 2, 11, 13, and 14 as follows:
| 6 | | (750 ILCS 50/1) (from Ch. 40, par. 1501)
| 7 | | Sec. 1. Definitions. When used in this Act, unless the | 8 | | context
otherwise requires:
| 9 | | A. "Child" means a person under legal age subject to | 10 | | adoption under
this Act.
| 11 | | B. "Related child" means a child subject to adoption where | 12 | | either or both of
the adopting parents stands in any of the | 13 | | following relationships to the child
by blood, marriage, | 14 | | adoption, or civil union: parent, grand-parent, | 15 | | great-grandparent, brother, sister, step-parent,
| 16 | | step-grandparent, step-brother, step-sister, uncle, aunt, | 17 | | great-uncle,
great-aunt, first cousin, or second cousin. A | 18 | | person is related to the child as a first cousin or second | 19 | | cousin if they are both related to the same ancestor as either | 20 | | grandchild or great-grandchild. A child whose parent has | 21 | | executed
a consent to adoption, a surrender, or a waiver | 22 | | pursuant to Section 10 of this Act or whose parent has signed a | 23 | | denial of paternity pursuant to Section 12 of the Vital Records |
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| 1 | | Act or Section 12a of this Act, or whose parent has had his or | 2 | | her parental rights
terminated, is not a related child to that | 3 | | person, unless (1) the consent is
determined to be void or is | 4 | | void pursuant to subsection O of Section 10 of this Act;
or (2) | 5 | | the parent of the child executed a consent to adoption by a | 6 | | specified person or persons pursuant to subsection A-1 of | 7 | | Section 10 of this Act and a court of competent jurisdiction | 8 | | finds that such consent is void; or (3) the order terminating | 9 | | the parental rights of the parent is vacated by a court of | 10 | | competent jurisdiction.
| 11 | | C. "Agency" for the purpose of this Act means a public | 12 | | child welfare agency
or a licensed child welfare agency.
| 13 | | D. "Unfit person" means any person whom the court shall | 14 | | find to be unfit
to have a child, without regard to the | 15 | | likelihood that the child will be
placed for adoption. The | 16 | | grounds of unfitness are any one or more
of the following, | 17 | | except that a person shall not be considered an unfit
person | 18 | | for the sole reason that the person has relinquished a child in
| 19 | | accordance with the Abandoned Newborn Infant Protection Act:
| 20 | | (a) Abandonment of the child.
| 21 | | (a-1) Abandonment of a newborn infant in a hospital.
| 22 | | (a-2) Abandonment of a newborn infant in any setting | 23 | | where the evidence
suggests that the parent intended to | 24 | | relinquish his or her parental rights.
| 25 | | (b) Failure to maintain a reasonable degree of | 26 | | interest, concern or
responsibility as to the child's |
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| 1 | | welfare.
| 2 | | (c) Desertion of the child for more than 3 months next | 3 | | preceding the
commencement of the Adoption proceeding.
| 4 | | (d) Substantial neglect
of the
child if continuous or | 5 | | repeated.
| 6 | | (d-1) Substantial neglect, if continuous or repeated, | 7 | | of any child
residing in the household which resulted in | 8 | | the death of that child.
| 9 | | (e) Extreme or repeated cruelty to the child.
| 10 | | (f) There is a rebuttable presumption, which can be | 11 | | overcome only by clear and convincing evidence, that a | 12 | | parent is unfit if:
| 13 | | (1) Two or more findings of physical abuse have | 14 | | been entered regarding any children under Section 2-21 | 15 | | of the Juvenile Court Act
of 1987, the most recent of | 16 | | which was determined by the juvenile court
hearing the | 17 | | matter to be supported by clear and convincing | 18 | | evidence; or | 19 | | (2) The parent has been convicted or found not | 20 | | guilty by reason of insanity and the conviction or | 21 | | finding resulted from the death of any child by | 22 | | physical abuse; or
| 23 | | (3) There is a finding of physical child abuse | 24 | | resulting from the death of any
child under Section | 25 | | 2-21 of the
Juvenile Court Act of 1987. | 26 | | No conviction or finding of delinquency pursuant to |
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| 1 | | Article V of the Juvenile Court Act of 1987 shall be | 2 | | considered a criminal conviction for the purpose of | 3 | | applying any presumption under this item (f).
| 4 | | (g) Failure to protect the child from conditions within | 5 | | his environment
injurious to the child's welfare.
| 6 | | (h) Other neglect of, or misconduct toward the child; | 7 | | provided that in
making a finding of unfitness the court | 8 | | hearing the adoption proceeding
shall not be bound by any | 9 | | previous finding, order or judgment affecting
or | 10 | | determining the rights of the parents toward the child | 11 | | sought to be adopted
in any other proceeding except such | 12 | | proceedings terminating parental rights
as shall be had | 13 | | under either this Act, the Juvenile Court Act or
the | 14 | | Juvenile Court Act of 1987.
| 15 | | (i) Depravity. Conviction of any one of the following
| 16 | | crimes shall create a presumption that a parent is depraved | 17 | | which can be
overcome only by clear and convincing | 18 | | evidence:
(1) first degree murder in violation of paragraph | 19 | | (1) 1 or (2)
2 of subsection (a) of Section 9-1 of the | 20 | | Criminal Code of 1961 or the Criminal Code of 2012 or | 21 | | conviction
of second degree murder in violation of | 22 | | subsection (a) of Section 9-2 of the
Criminal Code of 1961 | 23 | | or the Criminal Code of 2012 of a parent of the child to be | 24 | | adopted; (2)
first degree murder or second degree murder of | 25 | | any child in
violation of the Criminal Code of 1961 or the | 26 | | Criminal Code of 2012; (3)
attempt or conspiracy to commit |
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| 1 | | first degree murder or second degree murder
of any child in | 2 | | violation of the Criminal Code of 1961 or the Criminal Code | 3 | | of 2012; (4)
solicitation to commit murder of any child, | 4 | | solicitation to
commit murder of any child for hire, or | 5 | | solicitation to commit second
degree murder of any child in | 6 | | violation of the Criminal Code of 1961 or the Criminal Code | 7 | | of 2012; (5)
predatory criminal sexual assault of a child | 8 | | in violation of
Section 11-1.40 or 12-14.1 of the Criminal | 9 | | Code of 1961 or the Criminal Code of 2012; (6) heinous | 10 | | battery of any child in violation of the Criminal Code of | 11 | | 1961; (7) aggravated battery of any child in violation of | 12 | | the Criminal Code of 1961 or the Criminal Code of 2012; (8) | 13 | | any violation of Section 11-1.20 or Section 12-13 of the | 14 | | Criminal Code of 1961 or the Criminal Code of 2012; (9) any | 15 | | violation of subsection (a) of Section 11-1.50 or Section | 16 | | 12-16 of the Criminal Code of 1961 or the Criminal Code of | 17 | | 2012; (10) any violation of Section 11-9.1 of the Criminal | 18 | | Code of 1961 or the Criminal Code of 2012; (11) any | 19 | | violation of Section 11-9.1A of the Criminal Code of 1961 | 20 | | or the Criminal Code of 2012; or (12) an offense in any | 21 | | other state the elements of which are similar and bear a
| 22 | | substantial relationship to any of the enumerated offenses | 23 | | in this subsection (i).
| 24 | | There is a rebuttable presumption that a parent is | 25 | | depraved if the parent
has been criminally convicted of at | 26 | | least 3 felonies under the laws of this
State or any other |
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| 1 | | state, or under federal law, or the criminal laws of any
| 2 | | United States territory; and at least
one of these
| 3 | | convictions took place within 5 years of the filing of the | 4 | | petition or motion
seeking termination of parental rights.
| 5 | | There is a rebuttable presumption that a parent is | 6 | | depraved if that
parent
has
been criminally convicted of | 7 | | either first or second degree murder of any person
as | 8 | | defined in the Criminal Code of 1961 or the Criminal Code | 9 | | of 2012 within 10 years of the filing date of
the petition | 10 | | or motion to terminate parental rights. | 11 | | No conviction or finding of delinquency pursuant to | 12 | | Article 5 of the Juvenile Court Act of 1987 shall be | 13 | | considered a criminal conviction for the purpose of | 14 | | applying any presumption under this item (i).
| 15 | | (j) Open and notorious adultery or fornication.
| 16 | | (j-1) (Blank).
| 17 | | (k) Habitual drunkenness or addiction to drugs, other | 18 | | than those
prescribed by a physician, for at least one year | 19 | | immediately
prior to the commencement of the unfitness | 20 | | proceeding.
| 21 | | There is a rebuttable presumption that a parent is | 22 | | unfit under this
subsection
with respect to any child to | 23 | | which that parent gives birth where there is a
confirmed
| 24 | | test result that at birth the child's blood, urine, or | 25 | | meconium contained any
amount of a controlled substance as | 26 | | defined in subsection (f) of Section 102 of
the Illinois |
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| 1 | | Controlled Substances Act or metabolites of such | 2 | | substances, the
presence of which in the newborn infant was | 3 | | not the result of medical treatment
administered to the | 4 | | mother or the newborn infant; and the biological mother of
| 5 | | this child is the biological mother of at least one other | 6 | | child who was
adjudicated a neglected minor under | 7 | | subsection (c) of Section 2-3 of the
Juvenile Court Act of | 8 | | 1987.
| 9 | | (l) Failure to demonstrate a reasonable degree of | 10 | | interest, concern or
responsibility as to the welfare of a | 11 | | new born child during the first 30
days after its birth.
| 12 | | (m) Failure by a parent (i) to make reasonable efforts | 13 | | to correct the
conditions that were the basis for the | 14 | | removal of the child from the
parent during any 9-month | 15 | | period following the adjudication of neglected or abused | 16 | | minor under Section 2-3 of the Juvenile Court Act of 1987 | 17 | | or dependent minor under Section 2-4 of that Act, or (ii) | 18 | | to make reasonable progress
toward the return of the
child | 19 | | to the parent during any 9-month period following the | 20 | | adjudication of
neglected or abused minor under Section 2-3 | 21 | | of the Juvenile Court
Act of 1987 or dependent minor under | 22 | | Section 2-4 of that Act.
If a service plan has been | 23 | | established as
required under
Section 8.2 of the Abused and | 24 | | Neglected Child Reporting Act to correct the
conditions | 25 | | that were the basis for the removal of the child from the | 26 | | parent
and if those services were available,
then, for |
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| 1 | | purposes of this Act, "failure to make reasonable progress | 2 | | toward the
return of the child to the parent" includes the | 3 | | parent's failure to substantially fulfill his or her | 4 | | obligations
under
the service plan and correct the | 5 | | conditions that brought the child into care
during any | 6 | | 9-month period
following the adjudication under Section | 7 | | 2-3 or 2-4 of the Juvenile Court
Act of 1987. | 8 | | Notwithstanding any other provision, when a petition or | 9 | | motion seeks to terminate parental rights on the basis of | 10 | | item (ii) of this subsection (m), the petitioner shall file | 11 | | with the court and serve on the parties a pleading that | 12 | | specifies the 9-month period or periods relied on. The | 13 | | pleading shall be filed and served on the parties no later | 14 | | than 3 weeks before the date set by the court for closure | 15 | | of discovery, and the allegations in the pleading shall be | 16 | | treated as incorporated into the petition or motion. | 17 | | Failure of a respondent to file a written denial of the | 18 | | allegations in the pleading shall not be treated as an | 19 | | admission that the allegations are true.
| 20 | | (m-1) (Blank).
| 21 | | (n) Evidence of intent to forgo his or her parental | 22 | | rights,
whether or
not the child is a ward of the court, | 23 | | (1) as manifested
by his or her failure for a period of 12 | 24 | | months: (i) to visit the child,
(ii) to communicate with | 25 | | the child or agency, although able to do so and
not | 26 | | prevented from doing so by an agency or by court order, or |
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| 1 | | (iii) to
maintain contact with or plan for the future of | 2 | | the child, although physically
able to do so, or (2) as | 3 | | manifested by the father's failure, where he
and the mother | 4 | | of the child were unmarried to each other at the time of | 5 | | the
child's birth, (i) to commence legal proceedings to | 6 | | establish his paternity
under the Illinois Parentage Act of | 7 | | 1984, the Illinois Parentage Act of 2015, or the law of the | 8 | | jurisdiction of
the child's birth within 30 days of being | 9 | | informed, pursuant to Section 12a
of this Act, that he is | 10 | | the father or the likely father of the child or,
after | 11 | | being so informed where the child is not yet born, within | 12 | | 30 days of
the child's birth, or (ii) to make a good faith | 13 | | effort to pay a reasonable
amount of the expenses related | 14 | | to the birth of the child and to provide a
reasonable | 15 | | amount for the financial support of the child, the court to
| 16 | | consider in its determination all relevant circumstances, | 17 | | including the
financial condition of both parents; | 18 | | provided that the ground for
termination provided in this | 19 | | subparagraph (n)(2)(ii) shall only be
available where the | 20 | | petition is brought by the mother or the husband of
the | 21 | | mother.
| 22 | | Contact or communication by a parent with his or her | 23 | | child that does not
demonstrate affection and concern does | 24 | | not constitute reasonable contact
and planning under | 25 | | subdivision (n). In the absence of evidence to the
| 26 | | contrary, the ability to visit, communicate, maintain |
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| 1 | | contact, pay
expenses and plan for the future shall be | 2 | | presumed. The subjective intent
of the parent, whether | 3 | | expressed or otherwise, unsupported by evidence of
the | 4 | | foregoing parental acts manifesting that intent, shall not | 5 | | preclude a
determination that the parent has intended to | 6 | | forgo his or her
parental
rights. In making this | 7 | | determination, the court may consider but shall not
require | 8 | | a showing of diligent efforts by an authorized agency to | 9 | | encourage
the parent to perform the acts specified in | 10 | | subdivision (n).
| 11 | | It shall be an affirmative defense to any allegation | 12 | | under paragraph
(2) of this subsection that the father's | 13 | | failure was due to circumstances
beyond his control or to | 14 | | impediments created by the mother or any other
person | 15 | | having legal custody. Proof of that fact need only be by a
| 16 | | preponderance of the evidence.
| 17 | | (o) Repeated or continuous failure by the parents, | 18 | | although physically
and financially able, to provide the | 19 | | child with adequate food, clothing,
or shelter.
| 20 | | (p) Inability to discharge parental responsibilities | 21 | | supported by
competent evidence from a psychiatrist, | 22 | | licensed clinical social
worker, or clinical psychologist | 23 | | of mental
impairment, mental illness or an intellectual | 24 | | disability as defined in Section
1-116 of the Mental Health | 25 | | and Developmental Disabilities Code, or
developmental | 26 | | disability as defined in Section 1-106 of that Code, and
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| 1 | | there is sufficient justification to believe that the | 2 | | inability to
discharge parental responsibilities shall | 3 | | extend beyond a reasonable
time period. However, this | 4 | | subdivision (p) shall not be construed so as to
permit a | 5 | | licensed clinical social worker to conduct any medical | 6 | | diagnosis to
determine mental illness or mental | 7 | | impairment.
| 8 | | (q) (Blank).
| 9 | | (r) The child is in the temporary custody or | 10 | | guardianship of the
Department of Children and Family | 11 | | Services, the parent is incarcerated as a
result of | 12 | | criminal conviction at the time the petition or motion for
| 13 | | termination of parental rights is filed, prior to | 14 | | incarceration the parent had
little or no contact with the | 15 | | child or provided little or no support for the
child, and | 16 | | the parent's incarceration will prevent the parent from | 17 | | discharging
his or her parental responsibilities for the | 18 | | child for a period in excess of 2
years after the filing of | 19 | | the petition or motion for termination of parental
rights.
| 20 | | (s) The child is in the temporary custody or | 21 | | guardianship of the
Department of Children and Family | 22 | | Services, the parent is incarcerated at the
time the | 23 | | petition or motion for termination of parental rights is | 24 | | filed, the
parent has been repeatedly incarcerated as a | 25 | | result of criminal convictions,
and the parent's repeated | 26 | | incarceration has prevented the parent from
discharging |
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| 1 | | his or her parental responsibilities for the child.
| 2 | | (t) A finding that at birth the child's blood,
urine, | 3 | | or meconium contained any amount of a controlled substance | 4 | | as
defined in subsection (f) of Section 102 of the Illinois | 5 | | Controlled Substances
Act, or a metabolite of a controlled | 6 | | substance, with the exception of
controlled substances or | 7 | | metabolites of such substances, the presence of which
in | 8 | | the newborn infant was the result of medical treatment | 9 | | administered to the
mother or the newborn infant, and that | 10 | | the biological mother of this child is
the biological | 11 | | mother of at least one other child who was adjudicated a
| 12 | | neglected minor under subsection (c) of Section 2-3 of the | 13 | | Juvenile Court Act
of 1987, after which the biological | 14 | | mother had the opportunity to enroll in
and participate in | 15 | | a clinically appropriate substance abuse
counseling, | 16 | | treatment, and rehabilitation program.
| 17 | | E. "Parent" means a person who is the legal mother or legal | 18 | | father of the child as defined in subsection X or Y of this | 19 | | Section. For the purpose of this Act, a parent who has executed | 20 | | a consent to adoption, a surrender, or a waiver pursuant to | 21 | | Section 10 of this Act, who has signed a Denial of Paternity | 22 | | pursuant to Section 12 of the Vital Records Act or Section 12a | 23 | | of this Act, or whose parental rights have been terminated by a | 24 | | court, is not a parent of the child who was the subject of the | 25 | | consent, surrender, waiver, or denial unless (1) the consent is | 26 | | void pursuant to subsection O of Section 10 of this Act; or (2) |
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| 1 | | the person executed a consent to adoption by a specified person | 2 | | or persons pursuant to subsection A-1 of Section 10 of this Act | 3 | | and a court of competent jurisdiction finds that the consent is | 4 | | void; or (3) the order terminating the parental rights of the | 5 | | person is vacated by a court of competent jurisdiction.
| 6 | | F. A person is available for adoption when the person is:
| 7 | | (a) a child who has been surrendered for adoption to an | 8 | | agency and to
whose adoption the agency has thereafter | 9 | | consented;
| 10 | | (b) a child to whose adoption a person authorized by | 11 | | law, other than his
parents, has consented, or to whose | 12 | | adoption no consent is required pursuant
to Section 8 of | 13 | | this Act;
| 14 | | (c) a child who is in the custody of persons who intend | 15 | | to adopt him
through placement made by his parents;
| 16 | | (c-1) a child for whom a parent has signed a specific | 17 | | consent pursuant
to subsection O of Section 10;
| 18 | | (d) an adult who meets the conditions set forth in | 19 | | Section 3 of this
Act; or
| 20 | | (e) a child who has been relinquished as defined in | 21 | | Section 10 of the
Abandoned Newborn Infant Protection Act.
| 22 | | A person who would otherwise be available for adoption | 23 | | shall not be
deemed unavailable for adoption solely by reason | 24 | | of his or her death.
| 25 | | G. The singular includes the plural and the plural includes
| 26 | | the singular and the "male" includes the "female", as the |
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| 1 | | context of this
Act may require.
| 2 | | H. (Blank).
| 3 | | I. "Habitual residence" has the meaning ascribed to it in | 4 | | the federal Intercountry Adoption Act of 2000 and regulations | 5 | | promulgated thereunder.
| 6 | | J. "Immediate relatives" means the biological parents, the | 7 | | parents of
the biological parents and siblings of the | 8 | | biological parents.
| 9 | | K. "Intercountry adoption" is a process by which a child | 10 | | from a country
other than the United States is adopted by | 11 | | persons who are habitual residents of the United States, or the | 12 | | child is a habitual resident of the United States who is | 13 | | adopted by persons who are habitual residents of a country | 14 | | other than the United States.
| 15 | | L. (Blank).
| 16 | | M. "Interstate Compact on the Placement of Children" is a | 17 | | law enacted by all
states and certain territories for the | 18 | | purpose of establishing uniform procedures for handling
the | 19 | | interstate placement of children in foster homes, adoptive | 20 | | homes, or
other child care facilities.
| 21 | | N. (Blank).
| 22 | | O. "Preadoption requirements" means any conditions or | 23 | | standards established by the laws or administrative rules of | 24 | | this State that must be met by a prospective adoptive parent
| 25 | | prior to the placement of a child in an adoptive home.
| 26 | | P. "Abused child" means a child whose parent or immediate |
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| 1 | | family member,
or any person responsible for the child's | 2 | | welfare, or any individual
residing in the same home as the | 3 | | child, or a paramour of the child's parent:
| 4 | | (a) inflicts, causes to be inflicted, or allows to be | 5 | | inflicted upon
the child physical injury, by other than | 6 | | accidental means, that causes
death, disfigurement, | 7 | | impairment of physical or emotional health, or loss
or | 8 | | impairment of any bodily function;
| 9 | | (b) creates a substantial risk of physical injury to | 10 | | the child by
other than accidental means which would be | 11 | | likely to cause death,
disfigurement, impairment of | 12 | | physical or emotional health, or loss or
impairment of any | 13 | | bodily function;
| 14 | | (c) commits or allows to be committed any sex offense | 15 | | against the child,
as sex offenses are defined in the | 16 | | Criminal Code of 2012
and extending those definitions of | 17 | | sex offenses to include children under
18 years of age;
| 18 | | (d) commits or allows to be committed an act or acts of | 19 | | torture upon
the child; or
| 20 | | (e) inflicts excessive corporal punishment.
| 21 | | Q. "Neglected child" means any child whose parent or other | 22 | | person
responsible for the child's welfare withholds or denies | 23 | | nourishment or
medically indicated treatment including food or | 24 | | care denied solely on the
basis of the present or anticipated | 25 | | mental or physical impairment as determined
by a physician | 26 | | acting alone or in consultation with other physicians or
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| 1 | | otherwise does not provide the proper or necessary support, | 2 | | education
as required by law, or medical or other remedial care | 3 | | recognized under State
law as necessary for a child's | 4 | | well-being, or other care necessary for his
or her well-being, | 5 | | including adequate food, clothing and shelter; or who
is | 6 | | abandoned by his or her parents or other person responsible for | 7 | | the child's
welfare.
| 8 | | A child shall not be considered neglected or abused for the
| 9 | | sole reason that the child's parent or other person responsible | 10 | | for his
or her welfare depends upon spiritual means through | 11 | | prayer alone for the
treatment or cure of disease or remedial | 12 | | care as provided under Section 4
of the Abused and Neglected | 13 | | Child Reporting Act.
A child shall not be considered neglected | 14 | | or abused for the sole reason that
the child's parent or other | 15 | | person responsible for the child's welfare failed
to vaccinate, | 16 | | delayed vaccination, or refused vaccination for the child
due | 17 | | to a waiver on religious or medical grounds as permitted by | 18 | | law.
| 19 | | R. "Putative father" means a man who may be a child's | 20 | | father, but who (1) is
not married to the child's mother on or | 21 | | before the date that the child was or
is to be born and (2) has | 22 | | not established paternity of the child in a court
proceeding | 23 | | before the filing of a petition for the adoption of the child. | 24 | | The
term includes a male who is less than 18 years of age. | 25 | | "Putative father" does
not mean a man who is the child's father | 26 | | as a result of criminal sexual abuse
or assault as defined |
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| 1 | | under Article 11 of the Criminal Code of 2012.
| 2 | | S. "Standby adoption" means an adoption in which a parent
| 3 | | consents to custody and termination of parental rights to | 4 | | become
effective upon the occurrence of a future event, which | 5 | | is either the death of
the
parent or the request of the parent
| 6 | | for the entry of a final judgment of adoption.
| 7 | | T. (Blank).
| 8 | | T-5. "Biological parent", "birth parent", or "natural | 9 | | parent" of a child are interchangeable terms that mean a person | 10 | | who is biologically or genetically related to that child as a | 11 | | parent. | 12 | | U. "Interstate adoption" means the placement of a minor | 13 | | child with a prospective adoptive parent for the purpose of | 14 | | pursuing an adoption for that child that is subject to the | 15 | | provisions of the Interstate Compact on the Placement of | 16 | | Children. | 17 | | V. (Blank). | 18 | | W. (Blank). | 19 | | X. "Legal father" of a child means a man who is recognized | 20 | | as or presumed to be that child's father: | 21 | | (1) because of his marriage to or civil union with the | 22 | | child's parent at the time of the child's birth or within | 23 | | 300 days prior to that child's birth, unless he signed a | 24 | | denial of paternity pursuant to Section 12 of the Vital | 25 | | Records Act or a waiver pursuant to Section 10 of this Act; | 26 | | or |
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| 1 | | (2) because his paternity of the child has been | 2 | | established pursuant to the Illinois Parentage Act, the | 3 | | Illinois Parentage Act of 1984, or the Gestational | 4 | | Surrogacy Act; or | 5 | | (3) because he is listed as the child's father or | 6 | | parent on the child's birth certificate, unless he is | 7 | | otherwise determined by an administrative or judicial | 8 | | proceeding not to be the parent of the child or unless he | 9 | | rescinds his acknowledgment of paternity pursuant to the | 10 | | Illinois Parentage Act of 1984; or | 11 | | (4) because his paternity or adoption of the child has | 12 | | been established by a court of competent jurisdiction. | 13 | | The definition in this subsection X shall not be construed | 14 | | to provide greater or lesser rights as to the number of parents | 15 | | who can be named on a final judgment order of adoption or | 16 | | Illinois birth certificate that otherwise exist under Illinois | 17 | | law. | 18 | | Y. "Legal mother" of a child means a woman who is | 19 | | recognized as or presumed to be that child's mother: | 20 | | (1) because she gave birth to the child except as | 21 | | provided in the Gestational Surrogacy Act; or | 22 | | (2) because her maternity of the child has been | 23 | | established pursuant to the Illinois Parentage Act of 1984 | 24 | | or the Gestational Surrogacy Act; or | 25 | | (3) because her maternity or adoption of the child has | 26 | | been established by a court of competent jurisdiction; or |
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| 1 | | (4) because of her marriage to or civil union with the | 2 | | child's other parent at the time of the child's birth or | 3 | | within 300 days prior to the time of birth; or | 4 | | (5) because she is listed as the child's mother or | 5 | | parent on the child's birth certificate unless she is | 6 | | otherwise determined by an administrative or judicial | 7 | | proceeding not to be the parent of the child. | 8 | | The definition in this subsection Y shall not be construed | 9 | | to provide greater or lesser rights as to the number of parents | 10 | | who can be named on a final judgment order of adoption or | 11 | | Illinois birth certificate that otherwise exist under Illinois | 12 | | law. | 13 | | Z. "Department" means the Illinois Department of Children | 14 | | and Family Services. | 15 | | AA. "Placement disruption" means a circumstance where the | 16 | | child is removed from an adoptive placement before the adoption | 17 | | is finalized. | 18 | | BB. "Secondary placement" means a placement, including but | 19 | | not limited to the placement of a youth in care as defined in | 20 | | Section 4d of the Children and Family Services Act, that occurs | 21 | | after a placement disruption or an adoption dissolution. | 22 | | "Secondary placement" does not mean secondary placements | 23 | | arising due to the death of the adoptive parent of the child. | 24 | | CC. "Adoption dissolution" means a circumstance where the | 25 | | child is removed from an adoptive placement after the adoption | 26 | | is finalized. |
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| 1 | | DD. "Unregulated placement" means the secondary placement | 2 | | of a child that occurs without the oversight of the courts, the | 3 | | Department, or a licensed child welfare agency. | 4 | | EE. "Post-placement and post-adoption support services" | 5 | | means support services for placed or adopted children and | 6 | | families that include, but are not limited to, mental health | 7 | | treatment, including counseling and other support services for | 8 | | emotional, behavioral, or developmental needs, and treatment | 9 | | for substance abuse. | 10 | | FF. "Youth in care" has the meaning provided in Section 4d | 11 | | of the Children and Family Services Act. | 12 | | (Source: P.A. 100-159, eff. 8-18-17; 101-155, eff. 1-1-20; | 13 | | 101-529, eff. 1-1-20; revised 9-17-19.)
| 14 | | (750 ILCS 50/2) (from Ch. 40, par. 1502)
| 15 | | Sec. 2. Who may
adopt a child.
| 16 | | A. Any of the following persons, who is under no legal | 17 | | disability
(except the minority specified in sub-paragraph | 18 | | (b)) and who has resided in
the State of Illinois continuously | 19 | | for a period of at least 6 months
immediately preceding the | 20 | | commencement of an adoption proceeding, or any
member of the | 21 | | armed forces of the United States who has been domiciled in
the | 22 | | State of Illinois for 90 days, may
institute such proceeding:
| 23 | | (a) A reputable person of legal age and of either sex, | 24 | | provided that if
such person is married or in a civil union | 25 | | and has not been living separate and apart from his or
her |
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| 1 | | spouse or civil union partner for 12 months or longer, his | 2 | | or her spouse or civil union partner shall be a party to | 3 | | the
adoption
proceeding, including a spouse or civil union | 4 | | partner desiring to adopt a child of the
other spouse or | 5 | | civil union partner, in all of which cases the adoption | 6 | | shall be by both spouses or civil union partners
jointly;
| 7 | | (b) A minor, by leave of court upon good cause shown.
| 8 | | Notwithstanding sub-paragraph (a) of this subsection, a | 9 | | spouse or civil union partner is not required to join in a | 10 | | petition for adoption to re-adopt a child after an intercountry | 11 | | adoption if the spouse or civil union partner did not | 12 | | previously adopt the child as set forth in subsections (c) and | 13 | | (e) of Section 4.1 of this Act. | 14 | | B. The residence requirement specified in paragraph A of | 15 | | this Section
shall not apply to: | 16 | | (a) an adoption of a related child or child previously | 17 | | adopted in a foreign country by the petitioner; or | 18 | | (b) an adoption of a child placed by an | 19 | | Illinois-licensed child welfare an agency performing | 20 | | adoption services; or .
| 21 | | (c) an adoption of a child born in this State who has | 22 | | resided continuously in this State since birth, or a child | 23 | | who has continuously resided in this State for at least 6 | 24 | | months immediately preceding the commencement of the | 25 | | adoption proceeding, if: | 26 | | (1) an Illinois-licensed child welfare agency |
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| 1 | | performing adoption services has acknowledged a | 2 | | consent or surrender of one or both of the biological | 3 | | or legal parents of the child under this Act and the | 4 | | Child Care Act of 1969; or | 5 | | (2) an authorized person under Section 10 has | 6 | | acknowledged a consent of one or both of the biological | 7 | | or legal parents of the child and an Illinois-licensed | 8 | | child welfare agency performing adoption services has | 9 | | counseled the biological or legal parent or parents of | 10 | | the child as to the birth parent rights and | 11 | | responsibilities under the Child Care Act of 1969 and | 12 | | the rules adopted thereunder. | 13 | | C. Nothing in this Section overrides the requirements | 14 | | contained in Public Act 94-586. | 15 | | (Source: P.A. 98-804, eff. 1-1-15; 99-49, eff. 7-15-15.)
| 16 | | (750 ILCS 50/11) (from Ch. 40, par. 1513)
| 17 | | Sec. 11. Consents, surrenders, waivers, irrevocability.
| 18 | | (a) A consent to adoption or standby adoption by a parent, | 19 | | including a
minor, executed and
acknowledged in accordance with | 20 | | the provisions of Section 10 of this Act, or
a surrender of a | 21 | | child by a parent, including a minor, to an agency for the
| 22 | | purpose of adoption shall be irrevocable unless it shall have | 23 | | been obtained
by fraud or duress on the part of the person | 24 | | before whom such consent,
surrender, or other document | 25 | | equivalent to a surrender is acknowledged
pursuant to the |
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| 1 | | provisions of Section 10 of this Act or on the part of the
| 2 | | adopting parents or their agents and a court of competent | 3 | | jurisdiction
shall so find. No action to void or revoke a | 4 | | consent to or surrender for
adoption, including an action based | 5 | | on fraud or duress, may be commenced
after 12 months from the | 6 | | date the consent or surrender was executed.
The consent or | 7 | | surrender of a parent who is a minor shall
not be voidable | 8 | | because of such minority.
| 9 | | (a-1) A waiver signed by a putative or legal father, | 10 | | including a minor, executed and acknowledged in accordance with | 11 | | Section 10 of this Act, shall be irrevocable unless it shall | 12 | | have been obtained by fraud or duress on the part of the | 13 | | adopting parents or their agents and a court of competent | 14 | | jurisdiction shall so find. No action to void a waiver may be | 15 | | commenced after 12 months from the date the waiver was | 16 | | executed. The waiver of a putative or legal father who is a | 17 | | minor shall not be voidable because of such minority. | 18 | | (b) The petitioners in an adoption proceeding are entitled | 19 | | to rely upon a
sworn statement of the biological mother of the | 20 | | child to be adopted identifying
the father of her child. The | 21 | | affidavit shall be conclusive evidence as to the
biological | 22 | | mother regarding the facts stated therein, and shall create a
| 23 | | rebuttable presumption of truth as to the biological father | 24 | | only. Except as
provided in Section 11 of this Act, the | 25 | | biological mother of the child shall be
permanently barred from | 26 | | attacking the proceeding thereafter. The biological
mother , |
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| 1 | | including a biological mother who is a petitioner, shall | 2 | | execute such affidavit in writing and under oath. The affidavit
| 3 | | shall be executed by the biological mother before or at the | 4 | | time of execution
of the consent or surrender, and shall be | 5 | | retained by the court and be a part
of the Court's files. The | 6 | | form of affidavit shall be substantially as follows:
| 7 | | AFFIDAVIT OF IDENTIFICATION
| 8 | | I, ................., the mother of a (male or female) | 9 | | child, state under
oath or affirm as follows:
| 10 | | (1) That the child was born, or is expected to be born, on | 11 | | (insert
date), at ......................., in
the State of | 12 | | ...................
| 13 | | (2) That I reside at .................., in the City or | 14 | | Village of
..........., State of ...................
| 15 | | (3) That I am of the age of ....... years.
| 16 | | (4) That I acknowledge that I have been asked to identify | 17 | | the father of my
child.
| 18 | | (5) (CHECK ONE)
| 19 | | .... I know and am identifying the biological father.
| 20 | | .... I do not know the identity of the biological father.
| 21 | | .... I am unwilling to identify the biological father.
| 22 | | (6A) If I know and am identifying the father:
| 23 | | That the name of the biological father is | 24 | | ....................; his last
known home address is | 25 | | ............; his last known work address is
| 26 | | ....................; and he is ..... years of age; or he is |
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| 1 | | deceased, having
died on (insert date) at
.............., in | 2 | | the State of ..................
| 3 | | (6B) If I do not know the identity of the biological | 4 | | father:
| 5 | | I do not know who the biological father is; the following | 6 | | is
an explanation of why I am unable to identify him:
| 7 | | .............................................................
| 8 | | .............................................................
| 9 | | ..............................................................
| 10 | | (6C) If I am unwilling to identify the biological father:
| 11 | | I do not wish to name the biological father of the child | 12 | | for the following
reasons:
| 13 | | .............................................................
| 14 | | .............................................................
| 15 | | .............................................................
| 16 | | (7) (CHECK ONE) | 17 | | .... I am married to the biological father. | 18 | | .... I am not and have not been married to the biological | 19 | | father within 300 days of the child's birth. | 20 | | .... The child has another legal parent who is not the | 21 | | biological parent (please explain): | 22 | | ............................................................. | 23 | | ............................................................. | 24 | | ............................................................. | 25 | | (8) Regarding whether a court order has been entered by any | 26 | | court finding any person to be the biological father or legal |
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| 1 | | parent of the child: (CHECK ONE) | 2 | | .... No, a court order has not been entered. | 3 | | .... Yes, a court order has been entered and it is Case No. | 4 | | ..... in the Circuit Court located in ............... County | 5 | | (if the case number and county is known). | 6 | | .... I do not know whether there are any court or other | 7 | | proceedings related to a finding of any person to be the | 8 | | biological father or legal parent of the child. | 9 | | (9) (7) The physical description of the biological father | 10 | | is:
.........................................................
| 11 | | .............................................................
| 12 | | .............................................................
| 13 | | (10) (8) I reaffirm that the information contained in this | 14 | | Affidavit paragraphs 5, 6, and 7,
inclusive, is true and | 15 | | correct.
| 16 | | (11) (9) I have been informed and understand that if I am | 17 | | unwilling, refuse to
identify, or misidentify the biological | 18 | | father of the child, absent fraud
or duress, I am permanently | 19 | | barred from attacking the proceedings for the
adoption of the | 20 | | child at any time after I sign a final and irrevocable
consent | 21 | | to adoption or surrender for purposes of adoption.
| 22 | | (12) (10) I have read this Affidavit and have had the | 23 | | opportunity to review and
question it; it was explained to me | 24 | | by ............................; and I am
signing it as my free | 25 | | and voluntary act and understand the contents and the
results | 26 | | of signing it.
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| 1 | | Dated (insert date).
| 2 | | ...................................
| 3 | | Signature
| 4 | | Under penalties as provided by law under Section 1-109 of | 5 | | the Code
of Civil Procedure, the undersigned certifies that the | 6 | | statements set
forth in this Affidavit are true and correct.
| 7 | | ...................................
| 8 | | Signature
| 9 | | (Source: P.A. 97-493, eff. 8-22-11.)
| 10 | | (750 ILCS 50/13) (from Ch. 40, par. 1516)
| 11 | | Sec. 13. Interim order. As soon as practicable after the | 12 | | filing of a
petition for adoption the court shall hold a | 13 | | hearing for the following
purposes:
| 14 | | A. In other than an adoption of a related child or an | 15 | | adoption through
an agency, or of an adult:
| 16 | | (a) To determine the validity of the consent, provided | 17 | | that the
execution of a consent pursuant to this Act shall | 18 | | be prima facie evidence
of its validity, and provided that | 19 | | the validity of a consent shall not be
affected by the | 20 | | omission therefrom of the names of the petitioners or
| 21 | | adopting parents at the time the consent is executed or | 22 | | acknowledged, and
further provided that the execution of a | 23 | | consent prior to the filing of a
petition for adoption | 24 | | shall not affect its validity.
| 25 | | (b) To determine whether there is available suitable |
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| 1 | | temporary custodial
care for a child sought to be adopted.
| 2 | | B. In all cases except standby adoptions and re-adoptions:
| 3 | | (a) The court shall appoint some licensed attorney | 4 | | other than the State's
attorney acting in his or her | 5 | | official capacity as guardian ad
litem to represent a child | 6 | | sought to be adopted. Such guardian ad litem
shall have | 7 | | power to consent to the adoption of the child, if such | 8 | | consent
is required. In the case of a related adoption | 9 | | where the child sought to be adopted is not a youth in | 10 | | care, the court shall have the discretion to waive the | 11 | | appointment of a guardian ad litem.
| 12 | | (b) The court shall appoint a guardian ad litem for all | 13 | | named minors or
defendants who are persons under legal | 14 | | disability, if any. In the case of a related adoption where | 15 | | the child sought to be adopted is not a youth in care, the | 16 | | court shall have the discretion to waive the appointment of | 17 | | a guardian ad litem.
| 18 | | (c) If the petition alleges a person to be unfit | 19 | | pursuant to the
provisions of subparagraph (p) of paragraph | 20 | | D of Section 1 of this Act,
such person shall be | 21 | | represented by counsel. If such person is indigent
or an | 22 | | appearance has not been entered on his behalf at the time | 23 | | the matter
is set for hearing, the court shall appoint as | 24 | | counsel for him either the
Guardianship and Advocacy | 25 | | Commission, the public defender, or, only if no
attorney | 26 | | from the Guardianship and Advocacy Commission or the public |
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| 1 | | defender
is available, an attorney licensed to practice law | 2 | | in this State.
| 3 | | (d) If it is proved to the satisfaction of the court, | 4 | | after such
investigation as the court deems necessary, that | 5 | | termination of parental
rights and temporary commitment of | 6 | | the child to an agency or to a person
deemed competent by | 7 | | the court, including petitioners, will be for the
welfare | 8 | | of the child, the court may order the child to be so | 9 | | committed and
may terminate the parental rights of the | 10 | | parents and declare the child a
ward of the court or, if it | 11 | | is not so proved, the court may enter such
other order as | 12 | | it shall deem necessary and advisable.
| 13 | | (e) Before an interim custody order is granted under | 14 | | this
Section,
service of
summons shall be had upon the | 15 | | parent or parents whose rights have not been
terminated, | 16 | | except as provided in subsection (f). Reasonable notice and
| 17 | | opportunity to be heard shall be given to
the
parent or | 18 | | parents after service of summons when the address of the | 19 | | parent or
parents is available. The party seeking an | 20 | | interim custody order shall make
all reasonable efforts to | 21 | | locate the parent or parents of the child or children
they | 22 | | are seeking to adopt and to notify the parent or parents of | 23 | | the party's
request for an interim custody order pursuant | 24 | | to this Section.
| 25 | | (f) An interim custody order may be granted without | 26 | | notice upon
presentation to the court of a written |
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| 1 | | petition, accompanied by an affidavit,
stating that
there | 2 | | is an immediate danger to the child and that irreparable | 3 | | harm will result
to the child if notice is given to the | 4 | | parent or parents or legal guardian.
Upon making a finding | 5 | | that there is an immediate danger to the child if
service | 6 | | of process is had upon and notice of hearing is given to | 7 | | the parent or
parents or
legal guardian prior to the entry | 8 | | of an order granting temporary custody to
someone other | 9 | | than a parent or legal guardian, the court may enter an | 10 | | order of
temporary custody which shall expire not more than | 11 | | 10 days after its entry.
Every ex parte custody order | 12 | | granted without notice shall state the injury
which the | 13 | | court sought to avoid by granting the order, the | 14 | | irreparable injury
that would have occurred had notice been | 15 | | given, and the reason the order was
granted without notice.
| 16 | | The matter shall be set down for full hearing before the | 17 | | expiration of the ex
parte order and will be heard after | 18 | | service of summons is had upon and notice
of hearing is | 19 | | given to the parent or parents or legal guardian.
At the | 20 | | hearing the burden of proof shall be upon the party seeking | 21 | | to extend
the interim custody order to show that the order | 22 | | was properly granted without
notice and that custody should | 23 | | remain with the party seeking to adopt during
the pendency | 24 | | of the adoption proceeding. If the interim custody order is
| 25 | | extended, the reasons for granting the extension shall be | 26 | | stated in the
order.
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| 1 | | C. In the case of a child born outside the United States or | 2 | | a
territory thereof, if the petitioners have previously been | 3 | | appointed
guardians of such child by a court of competent | 4 | | jurisdiction in a country
other than the United States or a | 5 | | territory thereof, the court may order
that the petitioners | 6 | | continue as guardians of such child.
| 7 | | D. In standby adoption cases:
| 8 | | (a) The court shall appoint a licensed attorney other | 9 | | than the State's
Attorney
acting in his or her official | 10 | | capacity as guardian ad litem to represent a
child sought | 11 | | to be
adopted. The guardian ad litem shall have power to | 12 | | consent to the adoption of
the child,
if consent is | 13 | | required.
| 14 | | (b) The court shall appoint a guardian ad litem for all | 15 | | named minors or
defendants
who are persons under legal | 16 | | disability, if any. In the case of a related adoption where | 17 | | the child sought to be adopted is not a youth in care, the | 18 | | court shall have the discretion to waive the appointment of | 19 | | a guardian ad litem.
| 20 | | (c) The court lacks jurisdiction to proceed on the | 21 | | petition for standby
adoption if the child has a living | 22 | | parent, adoptive parent, or adjudicated
parent whose | 23 | | rights have not been terminated and whose whereabouts are | 24 | | known,
unless the parent consents to the standby adoption | 25 | | or, after
receiving notice of the hearing on the standby | 26 | | adoption petition, fails to
object to the appointment of a |
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| 1 | | standby adoptive parent at the
hearing on the petition.
| 2 | | (d) The court shall investigate as needed for the | 3 | | welfare of the child and
shall
determine whether the | 4 | | petitioner or petitioners shall be permitted to adopt.
| 5 | | (Source: P.A. 99-49, eff. 7-15-15.)
| 6 | | (750 ILCS 50/14) (from Ch. 40, par. 1517)
| 7 | | Sec. 14. Judgment.
| 8 | | (a) Prior to the entry of the judgment for order of
| 9 | | adoption in any case other than an adoption of a related child | 10 | | or of an
adult, each petitioner and each
person, agency, | 11 | | association, corporation, institution, society or
organization | 12 | | involved in the adoption of the child, except a child welfare
| 13 | | agency, shall
execute an affidavit setting forth the hospital | 14 | | and medical costs, legal
fees, counseling fees, and any other | 15 | | fees or expenditures paid in accordance
with the Adoption | 16 | | Compensation Prohibition Act or Section 12C-70 of the Criminal | 17 | | Code of 2012.
| 18 | | (b) Before the entry of the judgment for adoption, each | 19 | | child welfare agency
involved in the adoption of the child | 20 | | shall file an affidavit concerning the
costs, expenses, | 21 | | contributions, fees, compensation, or other things of value
| 22 | | which have been given, promised, or received including but not | 23 | | limited to
hospital and medical costs, legal fees, social | 24 | | services, living expenses, or
any other expenses related to the | 25 | | adoption paid in accordance with the Adoption
Compensation |
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| 1 | | Prohibition Act or Section 12C-70 of the Criminal Code of 2012.
| 2 | | If the total amount paid by the child welfare agency is | 3 | | $4,500 or more, the
affidavit shall contain an itemization of | 4 | | expenditures.
| 5 | | If the total amount paid by the child welfare agency is | 6 | | less than $4,500, the
agency may file an unitemized affidavit | 7 | | stating that the total amount paid is
less than $4,500 unless | 8 | | the court, in its discretion, requires that agency to
file an | 9 | | itemized affidavit.
| 10 | | (c) No affidavit need be filed
in the case of an adoption | 11 | | of a related child or an adult, nor shall an
affidavit be | 12 | | required to be filed
by a non-consenting parent, or by any | 13 | | judge, or clerk, involved in an
official capacity in the | 14 | | adoption
proceedings.
| 15 | | (d) All affidavits filed in accordance with this Section | 16 | | shall be under penalty of perjury
and shall include, but are | 17 | | not limited to, hospital and medical
costs,
legal fees, social | 18 | | services, living expenses or any other expenses
related to the | 19 | | adoption or to the placement of the child, whether or not the
| 20 | | payments are permitted by applicable laws.
| 21 | | (e) Except as provided in subsections (f), (f-1), (f-2), | 22 | | and (f-5), upon Upon the expiration of 6 months after the date
| 23 | | of any interim order vesting temporary care, custody and | 24 | | control of a
child, other than a related child, in the | 25 | | petitioners, entered pursuant
to this Act, the petitioners may | 26 | | apply to the court for a judgment of
adoption. Notice of such |
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| 1 | | application shall be served by the petitioners
upon the | 2 | | investigating agency or the person making such investigation,
| 3 | | and the guardian ad litem. After the hearing on such | 4 | | application, at
which the petitioners and the child shall | 5 | | appear in person, unless their
presence is waived by the court | 6 | | for good cause shown, the court may
enter a judgment for | 7 | | adoption, provided the court is
satisfied from the
report of | 8 | | the investigating agency or the person making the
| 9 | | investigation, and from the evidence, if any, introduced, that | 10 | | the
adoption is for the welfare of the child and that there is | 11 | | a valid
consent, or that no consent is required as provided in | 12 | | Section 8 of this
Act.
| 13 | | (f) A judgment for adoption of a related child , an adult, | 14 | | or a child as
to
whose adoption an agency or person authorized | 15 | | by law has the right of
authority to consent may be entered at | 16 | | any time after service of process
and after the return day | 17 | | designated therein.
| 18 | | (f-1) A judgment for adoption of an adult may be entered at | 19 | | any time after the adult has consented to the adoption. | 20 | | (f-2) A judgment for adoption of a child as to whose | 21 | | adoption an Illinois-licensed child welfare agency, or person | 22 | | authorized by law, has the right of authority to consent may be | 23 | | entered at any time after placement and completion of | 24 | | investigation as required by this Act. | 25 | | (f-5) A standby adoption judgment may be entered upon | 26 | | notice of the death
of the consenting parent
or upon the |
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| 1 | | consenting parent's request that a final judgment for adoption
| 2 | | be entered. The notice must be provided to the court within 60 | 3 | | days after the
standby adoptive parent's receipt of knowledge | 4 | | of death of the consenting parent or the consenting parent's | 5 | | request that a
final judgment for adoption be entered. If the | 6 | | court finds that adoption is
for the welfare of the child and | 7 | | that there is a valid consent, including
consent for standby | 8 | | adoption, which is still in effect, or that no consent is
| 9 | | required under Section 8 of the Act, a judgment for adoption | 10 | | shall be entered
unless the court finds by clear and convincing | 11 | | evidence that it is no longer in
the best interest of the child | 12 | | for the adoption to be finalized.
| 13 | | (g) No special findings of fact or certificate of evidence | 14 | | shall be
necessary in any case to support the judgment.
| 15 | | (h) Only the circuit court that entered the judgment of the | 16 | | adoption may
order the issuance of any contents of the court | 17 | | file or that the original
birth record of the adoptee be | 18 | | provided to any persons.
| 19 | | (Source: P.A. 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)
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