Illinois General Assembly - Full Text of SB1999
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Full Text of SB1999  103rd General Assembly

SB1999enr 103RD GENERAL ASSEMBLY

  
  
  

 


 
SB1999 EnrolledLRB103 30669 KTG 57130 b

1    AN ACT concerning children.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 10. The Abandoned Newborn Infant Protection Act is
5amended by changing Sections 5, 10, 20, 22, 35, 37, 40, 45, 50,
655, 60, and 65 as follows:
 
7    (325 ILCS 2/5)
8    Sec. 5. Public policy. Illinois recognizes that newborn
9infants have been abandoned to the environment or to other
10circumstances that may be unsafe to the newborn infant. These
11circumstances have caused injury and death to newborn infants
12and give rise to potential civil or criminal liability to
13parents who may be under severe emotional distress. It is
14recognized that establishing an adoption plan is preferable to
15relinquishing a child using the procedures outlined in this
16Act, but to reduce the chance of injury to a newborn infant,
17this Act provides a safer alternative. This Act is intended to
18provide a mechanism for a newborn infant to be relinquished to
19a safe environment and for the parents of the infant to remain
20anonymous if they choose and to avoid civil or criminal
21liability for the act of relinquishing the infant. It is
22recognized that establishing an adoption plan is preferable to
23relinquishing a child using the procedures outlined in this

 

 

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1Act, but to reduce the chance of injury to a newborn infant,
2this Act provides a safer alternative.
3    A public information campaign on this delicate issue shall
4be implemented to encourage parents considering abandonment of
5their newborn child to relinquish the child under the
6procedures outlined in this Act, to choose a traditional
7adoption plan, or to parent a child themselves rather than
8place the newborn infant in harm's way.
9(Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01.)
 
10    (325 ILCS 2/10)
11    Sec. 10. Definitions. In this Act:
12    "Abandon" has the same meaning as in the Abused and
13Neglected Child Reporting Act.
14    "Abused child" has the same meaning as in the Abused and
15Neglected Child Reporting Act.
16    "Child welfare Child-placing agency" means an Illinois a
17licensed public or private agency that receives a child for
18the purpose of placing or arranging for the placement of the
19child in a foster or pre-adoptive family home or other
20facility for child care, apart from the custody of the child's
21parents.
22    "Department" or "DCFS" means the Illinois Department of
23Children and Family Services.
24    "Emergency medical facility" means a freestanding
25emergency center or trauma center, as defined in the Emergency

 

 

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1Medical Services (EMS) Systems Act.
2    "Emergency medical professional" includes licensed
3physicians, and any emergency medical technician, emergency
4medical technician-intermediate, advanced emergency medical
5technician, paramedic, trauma nurse specialist, and
6pre-hospital registered nurse, as defined in the Emergency
7Medical Services (EMS) Systems Act.
8    "Fire station" means a fire station within the State with
9at least one staff person.
10    "Hospital" has the same meaning as in the Hospital
11Licensing Act.
12    "Legal custody" means the relationship created by a court
13order in the best interest of a newborn infant that imposes on
14the infant's custodian the responsibility of physical
15possession of the infant, the duty to protect, train, and
16discipline the infant, and the duty to provide the infant with
17food, shelter, education, and medical care, except as these
18are limited by parental rights and responsibilities.
19    "Neglected child" has the same meaning as in the Abused
20and Neglected Child Reporting Act.
21    "Newborn infant" means a child who a licensed physician
22reasonably believes is 30 days old or less at the time the
23child is initially relinquished to a hospital, police station,
24fire station, or emergency medical facility, and who is not an
25abused or a neglected child.
26    "Parent" or "biological parent" or "birth parent" means a

 

 

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1person who has established maternity or paternity of the
2newborn infant through genetic testing.
3    "Police station" means a municipal police station, a
4county sheriff's office, a campus police department located on
5any college or university owned or controlled by the State or
6any private college or private university that is not owned or
7controlled by the State when employees of the campus police
8department are present, or any of the district headquarters of
9the Illinois State Police.
10    "Relinquish" means to bring a newborn infant, who a
11licensed physician reasonably believes is 30 days old or less,
12to a hospital, police station, fire station, or emergency
13medical facility and to leave the infant with personnel of the
14facility, if the person leaving the infant does not express an
15intent to return for the infant or states that he or she will
16not return for the infant. In the case of a mother who gives
17birth to an infant in a hospital, the mother's act of leaving
18that newborn infant at the hospital (i) without expressing an
19intent to return for the infant or (ii) stating that she will
20not return for the infant is not a "relinquishment" under this
21Act.
22    "Temporary protective custody" means the temporary
23placement of a newborn infant within a hospital or other
24medical facility out of the custody of the infant's parent.
25(Source: P.A. 97-293, eff. 8-11-11; 98-973, eff. 8-15-14.)
 

 

 

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1    (325 ILCS 2/20)
2    Sec. 20. Procedures with respect to relinquished newborn
3infants.
4    (a) Hospitals. Every hospital must accept and provide all
5necessary emergency services and care to a relinquished
6newborn infant, in accordance with this Act. The hospital
7shall examine a relinquished newborn infant and perform tests
8that, based on reasonable medical judgment, are appropriate in
9evaluating whether the relinquished newborn infant was abused
10or neglected.
11    The act of relinquishing a newborn infant serves as
12implied consent for the hospital and its medical personnel and
13physicians on staff to treat and provide care for the infant.
14    The hospital shall be deemed to have temporary protective
15custody of a relinquished newborn infant until the infant is
16discharged to the custody of a child welfare child-placing
17agency or the Department. The hospital shall provide all
18available medical records and information to the Department
19and the child welfare agency that has accepted the referral of
20the infant in accordance with Section 50.
21    (b) Fire stations and emergency medical facilities. Every
22fire station and emergency medical facility must accept and
23provide all necessary emergency services and care to a
24relinquished newborn infant, in accordance with this Act.
25    The act of relinquishing a newborn infant serves as
26implied consent for the fire station or emergency medical

 

 

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1facility and its emergency medical professionals to treat and
2provide care for the infant, to the extent that those
3emergency medical professionals are trained to provide those
4services.
5    After the relinquishment of a newborn infant to a fire
6station or emergency medical facility, the fire station or
7emergency medical facility's personnel must arrange for the
8transportation of the infant to the nearest hospital as soon
9as transportation can be arranged.
10    If the person who relinquished or a person claiming to be
11the parent of a newborn infant returns to reclaim the infant
12child within 30 days 72 hours after the infant was
13relinquished relinquishing the child to a fire station or
14emergency medical facility, the fire station or emergency
15medical facility must inform such person the parent of the
16name and location of the hospital to which the infant was
17transported.
18    (c) Police stations. Every police station must accept a
19relinquished newborn infant, in accordance with this Act.
20After the relinquishment of a newborn infant to a police
21station, the police station must arrange for the
22transportation of the infant to the nearest hospital as soon
23as transportation can be arranged. The act of relinquishing a
24newborn infant serves as implied consent for the hospital to
25which the infant is transported and that hospital's medical
26personnel and physicians on staff to treat and provide care

 

 

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1for the infant.
2    If the person who relinquished or a person claiming to be
3the parent of a newborn infant returns to reclaim the infant
4within 30 days 72 hours after the infant was relinquished
5relinquishing the infant to a police station, the police
6station must inform such person the parent of the name and
7location of the hospital to which the infant was transported.
8(Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01;
993-820, eff. 7-27-04.)
 
10    (325 ILCS 2/22)
11    Sec. 22. Signage Signs. Every hospital, fire station,
12emergency medical facility, and police station that is
13required to accept a relinquished newborn infant in accordance
14with this Act must post, either by physical or electronic
15means, a sign in a conspicuous place on the exterior of the
16building housing the facility informing persons that a newborn
17infant may be relinquished at the facility in accordance with
18this Act. The Department shall prescribe specifications for
19the signs and for their placement that will ensure statewide
20uniformity.
21    This Section does not apply to a hospital, fire station,
22emergency medical facility, or police station that has a sign
23that is consistent with the requirements of this Section that
24is posted on the effective date of this amendatory Act of the
2595th General Assembly.

 

 

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1(Source: P.A. 102-4, eff. 4-27-21.)
 
2    (325 ILCS 2/35)
3    Sec. 35. Information for relinquishing person.
4    (a) The A hospital, police station, fire station, or
5emergency medical facility that receives a newborn infant
6relinquished in accordance with this Act shall must offer an
7information packet to the relinquishing person information
8about the relinquishment process and, either in writing or by
9referring such person to a website or other electronic
10resource, such information shall state if possible, must
11clearly inform the relinquishing person that his or her
12acceptance of the information is completely voluntary. The
13information packet must include all of the following:
14        (1) (Blank).
15        (2) Written notice of the following:
16            (A) No sooner than 60 days following the date of
17        the initial relinquishment of the infant to a
18        hospital, police station, fire station, or emergency
19        medical facility, the child welfare child-placing
20        agency or the Department will commence proceedings for
21        the termination of parental rights and placement of
22        the infant for adoption.
23            (B) Failure of a parent of the infant to contact
24        the Department and petition for the return of custody
25        of the infant before termination of parental rights

 

 

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1        bars any future action asserting legal rights with
2        respect to the infant.
3        (3) A resource list of providers of counseling
4    services including grief counseling, pregnancy counseling,
5    and counseling regarding adoption and other available
6    options for placement of the infant.
7    Upon request of a parent, the Department of Public Health
8shall provide the application forms for the Illinois Adoption
9Registry and Medical Information Exchange.
10    (b) The information offered packet given to a
11relinquishing person parent in accordance with this Act shall
12include, in addition to other information required under this
13Act, the following:
14        (1) Information A brochure (with a self-mailer
15    attached) that describes this Act and the rights of birth
16    parents, including an option optional section for the
17    parent to complete and mail to the Department of Children
18    and Family Services a form , that shall ask for basic
19    anonymous background information about the relinquished
20    child. This form brochure shall be maintained by the
21    Department on its website.
22        (2) Information about A brochure that describes the
23    Illinois Adoption Registry, including a toll-free number
24    and website information. This brochure shall be maintained
25    on the Office of Vital Records website.
26        (3) Information about a mother's A brochure describing

 

 

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1    postpartum health information for the mother.
2    The information provided in writing or through electronic
3means packet shall be designed in coordination between the
4Office of Vital Records and the Department of Children and
5Family Services. The Failure to provide such information under
6this Section or the failure of the relinquishing person to
7accept such information shall not invalidate the
8relinquishment under this Act. , with the exception of the
9resource list of providers of counseling services and adoption
10agencies, which shall be provided by the hospital, fire
11station, police station, sheriff's office, or emergency
12medical facility.
13(Source: P.A. 96-1114, eff. 7-20-10; 97-333, eff. 8-12-11.)
 
14    (325 ILCS 2/37)
15    Sec. 37. Public disclosure of information prohibited.
16Emergency medical professionals, employees, or other persons
17engaged in the administration or operation of a fire station,
18police station, hospital, emergency medical facility, child
19welfare child placing agency, or the Department where a
20newborn infant baby has been relinquished or transferred under
21this Act, are prohibited from publicly disclosing any
22information concerning the relinquishment of the infant and
23the individuals involved, except as otherwise provided by law.
24(Source: P.A. 95-549, eff. 6-1-08.)
 

 

 

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1    (325 ILCS 2/40)
2    Sec. 40. Reporting requirements.
3    (a) Within 12 hours after accepting a newborn infant from
4a relinquishing person or from a police station, fire station,
5or emergency medical facility in accordance with this Act, a
6hospital must report to the Department's State Central
7Registry for the purpose of transferring physical custody of
8the infant from the hospital to either a child welfare
9child-placing agency or the Department.
10    (b) Within 24 hours after receiving a report under
11subsection (a), the Department must request assistance from
12law enforcement officials to investigate the matter using the
13National Crime Information Center to ensure that the
14relinquished newborn infant is not a missing child.
15    (c) Once a hospital has made a report to the Department
16under subsection (a), the Department must arrange for a
17licensed child welfare child-placing agency to accept physical
18custody of the relinquished newborn infant.
19    (d) If a relinquished child is not a newborn infant as
20defined in this Act, the hospital and the Department must
21proceed as if the child is an abused or neglected child.
22(Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01;
2393-820, eff. 7-27-04.)
 
24    (325 ILCS 2/45)
25    Sec. 45. Medical assistance. Notwithstanding any other

 

 

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1provision of law, a newborn infant relinquished in accordance
2with this Act shall be deemed eligible for medical assistance
3under the Illinois Public Aid Code, and a hospital providing
4medical services to such an infant shall be reimbursed for
5those services in accordance with the payment methodologies
6authorized under that Code. In addition, for any day that a
7hospital has custody of a newborn infant relinquished in
8accordance with this Act and the infant does not require
9medically necessary care, the hospital shall be reimbursed by
10the Department of Healthcare and Family Services at the
11general acute care per diem rate, in accordance with 89 Ill.
12Adm. Code 148.270(c). The hospital shall complete and submit
13an application for medical assistance provided under Article V
14of the Illinois Public Aid Code on behalf of the infant. The
15Department of Healthcare and Family Services may adopt rules
16in accordance with this Section.
17(Source: P.A. 95-331, eff. 8-21-07.)
 
18    (325 ILCS 2/50)
19    Sec. 50. Child welfare Child-placing agency procedures.
20    (a) The Department's State Central Registry must maintain
21a list of licensed child welfare child-placing agencies
22willing to take legal custody of newborn infants relinquished
23in accordance with this Act. The child welfare child-placing
24agencies on the list must be contacted by the Department on a
25rotating basis upon notice from a hospital that a newborn

 

 

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1infant has been relinquished in accordance with this Act.
2    (b) Upon notice from the Department that a newborn infant
3has been relinquished in accordance with this Act, a child
4welfare child-placing agency must accept the newborn infant if
5the agency has the accommodations to do so. The child welfare
6child-placing agency must seek an order for legal custody of
7the infant upon its acceptance of the infant.
8    (c) Within 3 business days after accepting the referral
9from the Department assuming physical custody of the infant,
10the child welfare child-placing agency shall file a petition
11for custody in the division of the circuit court in which
12petitions for adoption would normally be heard. The petition
13for custody shall allege that the newborn infant has been
14relinquished in accordance with this Act and shall request
15state that the child welfare child-placing agency be given the
16authority intends to place the infant in an adoptive home,
17foster home, child care facility, or other facility
18appropriate for the needs of the infant. No filing or
19appearance fees shall be charged to any petitioner.
20    (d) If no licensed child welfare child-placing agency is
21able to accept the relinquished newborn infant, then the
22Department must assume responsibility for the infant as soon
23as practicable.
24    (e) A custody order issued under subsection (b) shall
25grant the child welfare agency the authority to make medical
26and health-related decisions for the infant. The order shall

 

 

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1remain in effect until a final adoption order based on the
2relinquished newborn infant's best interests is issued in
3accordance with this Act and the Adoption Act.
4    (f) When possible, the child welfare child-placing agency
5must place a relinquished newborn infant in a prospective
6adoptive home.
7    (g) The Department or child welfare child-placing agency
8must initiate proceedings to (i) terminate the parental rights
9of the relinquished newborn infant's known or unknown parents,
10(ii) appoint a guardian for the infant, and (iii) obtain
11consent to the infant's adoption in accordance with this Act
12no sooner than 60 days following the date of the initial
13relinquishment of the infant to the hospital, police station,
14fire station, or emergency medical facility.
15    (h) Before filing a petition for termination of parental
16rights, the Department or child welfare child-placing agency
17must do the following:
18        (1) If the name of either the biological parent is
19    known, search the Illinois Search its Putative Father
20    Registry for the purpose of determining the identity and
21    location of the putative father of the relinquished
22    newborn infant who is, or is expected to be, the subject of
23    an adoption proceeding, in order to provide notice of the
24    proceeding to the putative father. At least one search of
25    the Registry must be conducted, at least 30 days after the
26    relinquished newborn infant's estimated date of birth;

 

 

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1    earlier searches may be conducted, however. Notice to any
2    potential putative father discovered in a search of the
3    Registry according to the estimated age of the
4    relinquished newborn infant must be in accordance with the
5    Code of Civil Procedure or Section 12a of the Adoption
6    Act. If the names of all the alleged parents are unknown,
7    then a search is not required under this Section.
8        (2) Verify with the Department that, in accordance
9    with subsection (b) of Section 40, with law enforcement
10    officials, using the National Crime Information Center,
11    that the relinquished newborn infant is not a missing
12    child.
13(Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01;
1493-820, eff. 7-27-04.)
 
15    (325 ILCS 2/55)
16    Sec. 55. Petition for return of custody.
17    (a) A parent or person claiming to be a parent of a newborn
18infant relinquished in accordance with this Act may petition
19for the return of custody of the infant before the termination
20of parental rights with respect to the infant.
21    (b) A parent of a newborn infant relinquished in
22accordance with this Act may petition for the return of
23custody of the infant by contacting the Department for the
24purpose of obtaining the name of the child welfare
25child-placing agency with custody of the infant and the

 

 

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1appropriate court in which the petition for return of custody
2of the infant must be filed, and then filing a petition for
3return of custody in the circuit court in which the proceeding
4for the termination of parental rights is pending. No filing
5fees or appearance fees shall be charged to any petitioner.
6    (c) (Blank). If a petition for the termination of parental
7rights has not been filed by the Department or the
8child-placing agency, the parent of the relinquished newborn
9infant must contact the Department, which must notify the
10parent of the appropriate court in which the petition for
11return of custody must be filed.
12    (d) The circuit court may hold the proceeding for the
13termination of parental rights in abeyance for a period not to
14exceed 60 days from the date that the petition for return of
15custody was filed without a showing of good cause. During that
16period:
17        (1) The court shall order genetic testing to establish
18    maternity or paternity, or both.
19        (2) The Department shall conduct a child protective
20    investigation and home study to develop recommendations to
21    the court.
22        (3) When indicated as a result of the Department's
23    investigation and home study, further proceedings under
24    the Juvenile Court Act of 1987 as the court determines
25    appropriate, may be conducted. However, relinquishment of
26    a newborn infant in accordance with this Act does not

 

 

SB1999 Enrolled- 17 -LRB103 30669 KTG 57130 b

1    render the infant abused, neglected, or abandoned solely
2    because the newborn infant was relinquished to a hospital,
3    police station, fire station, or emergency medical
4    facility in accordance with this Act.
5        (4) The court shall appoint a guardian ad litem to
6    represent the interests of the infant.
7    (e) Failure to file a petition for the return of custody of
8a relinquished newborn infant before the termination of
9parental rights bars any future action asserting legal rights
10with respect to the infant unless the parent's act of
11relinquishment that led to the termination of parental rights
12involved fraud perpetrated against and not stemming from or
13involving the parent of the newborn infant. No action to void
14or revoke the termination of parental rights of a parent of a
15newborn infant relinquished in accordance with this Act,
16including an action based on fraud, may be commenced after 12
17months after the date that the newborn infant was initially
18relinquished to a hospital, police station, fire station, or
19emergency medical facility.
20(Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01;
2193-820, eff. 7-27-04.)
 
22    (325 ILCS 2/60)
23    Sec. 60. Department's duties. The Department must
24implement a public information program to promote safe
25placement alternatives for newborn infants. The public

 

 

SB1999 Enrolled- 18 -LRB103 30669 KTG 57130 b

1information program must inform the public of the following:
2        (1) The relinquishment alternative provided for in
3    this Act, which results in the adoption of a newborn
4    infant relinquished under 30 7 days of age and which
5    provides for the parent's anonymity, if the parent so
6    chooses.
7        (2) The alternative of adoption through a public or
8    private agency, in which the parent's identity may or may
9    not be known to the agency, but is kept anonymous from the
10    adoptive parents, if the birth parent so desires, and
11    which allows the parent to be actively involved in the
12    child's adoption plan.
13    The public information program may include, but need not
14be limited to, the following elements:
15        (i) Educational and informational materials in print,
16    audio, video, electronic or other media.
17        (ii) Establishment of a web site.
18        (iii) Public service announcements and advertisements.
19        (iv) Establishment of toll-free telephone hotlines to
20    provide information.
21(Source: P.A. 94-941, eff. 6-26-06.)
 
22    (325 ILCS 2/65)
23    Sec. 65. Evaluation.
24    (a) The Department shall collect and analyze information
25regarding the relinquishment of newborn infants and placement

 

 

SB1999 Enrolled- 19 -LRB103 30669 KTG 57130 b

1of children under this Act. Police stations, fire stations,
2emergency medical facilities, and medical professionals
3accepting and providing services to a newborn infant under
4this Act shall report to the Department data necessary for the
5Department to evaluate and determine the effect of this Act in
6the prevention of injury or death of newborn infants. Child
7welfare Child-placing agencies shall report to the Department
8data necessary to evaluate and determine the effectiveness of
9these agencies in providing child protective and child welfare
10services to newborn infants relinquished under this Act.
11    (b) The information collected shall include, but need not
12be limited to: the number of newborn infants relinquished; the
13category of the place of relinquishment (hospital, police
14station, fire station, or emergency medical facility); the
15services provided to relinquished newborn infants; the outcome
16of care for the relinquished newborn infants; the number and
17disposition of cases of relinquished newborn infants subject
18to placement; the number of children accepted and served by
19child welfare child-placing agencies; and the services
20provided by child welfare child-placing agencies and the
21disposition of the cases of the children placed under this
22Act.
23    (c) The Department shall submit a report by January 1,
242002, and on January 1 of each year thereafter, to the Governor
25and General Assembly regarding the prevention of injury or
26death of newborn infants and the effect of placements of

 

 

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1children under this Act. The report shall include, but need
2not be limited to, a summary of collected data, an analysis of
3the data and conclusions regarding the Act's effectiveness, a
4determination whether the purposes of the Act are being
5achieved, and recommendations for changes that may be
6considered necessary to improve the administration and
7enforcement of this Act.
8(Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01;
993-820, eff. 7-27-04.)
 
10    Section 15. The Immunization Data Registry Act is amended
11by changing Section 20 as follows:
 
12    (410 ILCS 527/20)
13    Sec. 20. Confidentiality of information; release of
14information; statistics; panel on expanding access.
15    (a) Records maintained as part of the immunization data
16registry are confidential.
17    (b) The Department may release an individual's
18confidential information to the individual or to the
19individual's parent or guardian if the individual is less than
2018 years of age.
21    (c) Subject to subsection (d) of this Section, the
22Department may release information in the immunization data
23registry concerning an individual to the following entities:
24        (1) The immunization data registry of another state.

 

 

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1        (2) A health care provider or a health care provider's
2    designee.
3        (3) A local health department.
4        (4) An elementary or secondary school that is attended
5    by the individual.
6        (5) A licensed child care center in which the
7    individual is enrolled.
8        (6) A licensed child welfare child-placing agency.
9        (7) A college or university that is attended by the
10    individual.
11        (8) The Department of Healthcare and Family Services
12    or a managed care entity contracted with the Department of
13    Healthcare and Family Services to coordinate the provision
14    of medical care to enrollees of the medical assistance
15    program.
16    (d) Before immunization data may be released to an entity,
17the entity must enter into an agreement with the Department
18that provides that information that identifies a patient will
19not be released to any other person without the written
20consent of the patient.
21    (e) The Department may release summary statistics
22regarding information in the immunization data registry if the
23summary statistics do not reveal the identity of an
24individual.
25(Source: P.A. 97-117, eff. 7-14-11; 98-651, eff. 6-16-14.)
 

 

 

SB1999 Enrolled- 22 -LRB103 30669 KTG 57130 b

1    Section 20. The Illinois Parentage Act of 2015 is amended
2by changing Section 602 as follows:
 
3    (750 ILCS 46/602)
4    Sec. 602. Standing. A complaint to adjudicate parentage
5shall be verified, shall be designated a petition, and shall
6name the person or persons alleged to be the parent of the
7child. Subject to Article 3 and Sections 607, 608, and 609 of
8this Act, a proceeding to adjudicate parentage may be
9maintained by:
10        (a) the child;
11        (b) the mother of the child;
12        (c) a pregnant woman;
13        (d) a man presumed or alleging himself to be the
14    parent of the child;
15        (e) a woman presumed or alleging herself to be the
16    parent of the child;
17        (f) the support-enforcement agency or other
18    governmental agency authorized by other law;
19        (g) any person or public agency that has physical
20    possession of or has custody of or has been allocated
21    parental responsibilities for, is providing financial
22    support to, or has provided financial support to the
23    child;
24        (h) the Department of Healthcare and Family Services
25    if it is providing, or has provided, financial support to

 

 

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1    the child or if it is assisting with child support
2    collections services;
3        (i) an authorized adoption agency or licensed child
4    welfare child-placing agency;
5        (j) a representative authorized by law to act for an
6    individual who would otherwise be entitled to maintain a
7    proceeding but who is deceased, incapacitated, or a minor;
8    or
9        (k) an intended parent.
10(Source: P.A. 99-85, eff. 1-1-16; 99-769, eff. 1-1-17.)
 
11    Section 25. The Adoption Act is amended by changing
12Sections 4.1 and 10 as follows:
 
13    (750 ILCS 50/4.1)  (from Ch. 40, par. 1506)
14    Sec. 4.1. Adoption between multiple jurisdictions. It is
15the public policy of this State to promote child welfare in
16adoption between multiple jurisdictions by implementing
17standards that foster permanency for children in an
18expeditious manner while considering the best interests of the
19child as paramount. Ensuring that standards for
20interjurisdictional adoption are clear and applied
21consistently, efficiently, and reasonably will promote the
22best interests of the child in finding a permanent home.
23    (a) The Department of Children and Family Services shall
24promulgate rules regarding the approval and regulation of

 

 

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1agencies providing, in this State, adoption services, as
2defined in Section 2.24 of the Child Care Act of 1969, which
3shall include, but not be limited to, a requirement that any
4agency shall be licensed in this State as a child welfare
5agency as defined in Section 2.08 of the Child Care Act of
61969. Any out-of-state agency, if not licensed in this State
7as a child welfare agency, must obtain the approval of the
8Department in order to act as a sending agency, as defined in
9Section 1 of the Interstate Compact on Placement of Children
10Act, seeking to place a child into this State through a
11placement subject to the Interstate Compact on the Placement
12of Children. An out-of-state agency, if not licensed in this
13State as a child welfare agency, is prohibited from providing
14in this State adoption services, as defined by Section 2.24 of
15the Child Care Act of 1969; shall comply with Section 12C-70 of
16the Criminal Code of 2012; and shall provide all of the
17following to the Department:
18        (1) A copy of the agency's current license or other
19    form of authorization from the approving authority in the
20    agency's state. If no license or authorization is issued,
21    the agency must provide a reference statement, from the
22    approving authority, stating that the agency is authorized
23    to place children in foster care or adoption or both in its
24    jurisdiction.
25        (2) A description of the program, including home
26    studies, placements, and supervisions, that the child

 

 

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1    welfare child placing agency conducts within its
2    geographical area, and, if applicable, adoptive placements
3    and the finalization of adoptions. The child welfare child
4    placing agency must accept continued responsibility for
5    placement planning and replacement if the placement fails.
6        (3) Notification to the Department of any significant
7    child welfare child placing agency changes after approval.
8        (4) Any other information the Department may require.
9    The rules shall also provide that any agency that places
10children for adoption in this State may not, in any policy or
11practice relating to the placement of children for adoption,
12discriminate against any child or prospective adoptive parent
13on the basis of race.
14    (a-5) (Blank).
15    (b) Interstate adoptions.
16        (1) All interstate adoption placements under this Act
17    shall comply with the Child Care Act of 1969 and the
18    Interstate Compact on the Placement of Children. The
19    placement of children with relatives by the Department of
20    Children and Family Services shall also comply with
21    subsection (b) of Section 7 of the Children and Family
22    Services Act. The Department may promulgate rules to
23    implement interstate adoption placements, including those
24    requirements set forth in this Section.
25        (2) If an adoption is finalized prior to bringing or
26    sending a child to this State, compliance with the

 

 

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1    Interstate Compact on the Placement of Children is not
2    required.
3        (3) Approval requirements. The Department shall
4    promulgate procedures for interstate adoption placements
5    of children under this Act. No later than September 24,
6    2017 (30 days after the effective date of Public Act
7    100-344), the Department shall distribute a written list
8    of all preadoption approval requirements to all Illinois
9    licensed child welfare agencies performing adoption
10    services, and all out-of-state agencies approved under
11    this Section, and shall post the requirements on the
12    Department's website. The Department may not require any
13    further preadoption requirements other than those set
14    forth in the procedures required under this paragraph. The
15    procedures shall reflect the standard of review as stated
16    in the Interstate Compact on the Placement of Children and
17    approval shall be given by the Department if the placement
18    appears not to be contrary to the best interests of the
19    child.
20        (4) Time for review and decision. In all cases where
21    the child to be placed is not a youth in care in Illinois
22    or any other state, a provisional or final approval for
23    placement shall be provided in writing from the Department
24    in accordance with the Interstate Compact on the Placement
25    of Children. Approval or denial of the placement must be
26    given by the Department as soon as practicable, but in no

 

 

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1    event more than 3 business days of the receipt of the
2    completed referral packet by the Department's Interstate
3    Compact Administrator. Receipt of the packet shall be
4    evidenced by the packet's arrival at the address
5    designated by the Department to receive such referrals.
6    The written decision to approve or deny the placement
7    shall be communicated in an expeditious manner, including,
8    but not limited to, electronic means referenced in
9    paragraph (b)(7) of this Section, and shall be provided to
10    all Illinois licensed child welfare agencies involved in
11    the placement, all out-of-state child placing agencies
12    involved in the placement, and all attorneys representing
13    the prospective adoptive parent or biological parent. If,
14    during its initial review of the packet, the Department
15    believes there are any incomplete or missing documents, or
16    missing information, as required in paragraph (b)(3), the
17    Department shall, as soon as practicable, but in no event
18    more than 2 business days of receipt of the packet,
19    communicate a list of any incomplete or missing documents
20    and information to all Illinois licensed child welfare
21    agencies involved in the placement, all out-of-state child
22    placing agencies involved in the placement, and all
23    attorneys representing the adoptive parent or biological
24    parent. This list shall be communicated in an expeditious
25    manner, including, but not limited to, electronic means
26    referenced in paragraph (b)(7) of this Section.

 

 

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1        (5) Denial of approval. In all cases where the child
2    to be placed is not a youth in the care of any state, if
3    the Department denies approval of an interstate placement,
4    the written decision referenced in paragraph (b)(4) of
5    this Section shall set forth the reason or reasons why the
6    placement was not approved and shall reference which
7    requirements under paragraph (b)(3) of this Section were
8    not met. The written decision shall be communicated in an
9    expeditious manner, including, but not limited to,
10    electronic means referenced in paragraph (b)(7) of this
11    Section, to all Illinois licensed child welfare agencies
12    involved in the placement, all out-of-state child placing
13    agencies involved in the placement, and all attorneys
14    representing the prospective adoptive parent or biological
15    parent.
16        (6) Provisional approval. Nothing in paragraphs (b)(3)
17    through (b)(5) of this Section shall preclude the
18    Department from issuing provisional approval of the
19    placement pending receipt of any missing or incomplete
20    documents or information.
21        (7) Electronic communication. All communications
22    concerning an interstate placement made between the
23    Department and an Illinois licensed child welfare agency,
24    an out-of-state child placing agency, and attorneys
25    representing the prospective adoptive parent or biological
26    parent, including the written communications referenced in

 

 

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1    this Section, may be made through any type of electronic
2    means, including, but not limited to, electronic mail.
3    (c) Intercountry adoptions. The adoption of a child, if
4the child is a habitual resident of a country other than the
5United States and the petitioner is a habitual resident of the
6United States, or, if the child is a habitual resident of the
7United States and the petitioner is a habitual resident of a
8country other than the United States, shall comply with the
9Intercountry Adoption Act of 2000, as amended, and the
10Immigration and Nationality Act, as amended. In the case of an
11intercountry adoption that requires oversight by the adoption
12services governed by the Intercountry Adoption Universal
13Accreditation Act of 2012, this State shall not impose any
14additional preadoption requirements.
15    (d) (Blank).
16    (e) Re-adoption after an intercountry adoption.
17        (1) Any time after a minor child has been adopted in a
18    foreign country and has immigrated to the United States,
19    the adoptive parent or parents of the child may petition
20    the court for a judgment of adoption to re-adopt the child
21    and confirm the foreign adoption decree.
22        (2) The petitioner must submit to the court one or
23    more of the following to verify the foreign adoption:
24            (i) an immigrant visa for the child issued by
25        United States Citizenship and Immigration Services of
26        the U.S. Department of Homeland Security that was

 

 

SB1999 Enrolled- 30 -LRB103 30669 KTG 57130 b

1        valid at the time of the child's immigration;
2            (ii) a decree, judgment, certificate of adoption,
3        adoption registration, or equivalent court order,
4        entered or issued by a court of competent jurisdiction
5        or administrative body outside the United States,
6        establishing the relationship of parent and child by
7        adoption; or
8            (iii) such other evidence deemed satisfactory by
9        the court.
10        (3) The child's immigrant visa shall be prima facie
11    proof that the adoption was established in accordance with
12    the laws of the foreign jurisdiction and met United States
13    requirements for immigration.
14        (4) If the petitioner submits documentation that
15    satisfies the requirements of paragraph (2), the court
16    shall not appoint a guardian ad litem for the minor who is
17    the subject of the proceeding, shall not require any
18    further termination of parental rights of the child's
19    biological parents, nor shall it require any home study,
20    investigation, post-placement visit, or background check
21    of the petitioner.
22        (5) The petition may include a request for change of
23    the child's name and any other request for specific relief
24    that is in the best interests of the child. The relief may
25    include a request for a revised birth date for the child if
26    supported by evidence from a medical or dental

 

 

SB1999 Enrolled- 31 -LRB103 30669 KTG 57130 b

1    professional attesting to the appropriate age of the child
2    or other collateral evidence.
3        (6) Two adoptive parents who adopted a minor child
4    together in a foreign country while married to one another
5    may file a petition for adoption to re-adopt the child
6    jointly, regardless of whether their marriage has been
7    dissolved. If either parent whose marriage was dissolved
8    has subsequently remarried or entered into a civil union
9    with another person, the new spouse or civil union partner
10    shall not join in the petition to re-adopt the child,
11    unless the new spouse or civil union partner is seeking to
12    adopt the child. If either adoptive parent does not join
13    in the petition, he or she must be joined as a party
14    defendant. The defendant parent's failure to participate
15    in the re-adoption proceeding shall not affect the
16    existing parental rights or obligations of the parent as
17    they relate to the minor child, and the parent's name
18    shall be placed on any subsequent birth record issued for
19    the child as a result of the re-adoption proceeding.
20        (7) An adoptive parent who adopted a minor child in a
21    foreign country as an unmarried person may file a petition
22    for adoption to re-adopt the child as a sole petitioner,
23    even if the adoptive parent has subsequently married or
24    entered into a civil union.
25        (8) If one of the adoptive parents who adopted a minor
26    child dies prior to a re-adoption proceeding, the deceased

 

 

SB1999 Enrolled- 32 -LRB103 30669 KTG 57130 b

1    parent's name shall be placed on any subsequent birth
2    record issued for the child as a result of the re-adoption
3    proceeding.
4(Source: P.A. 99-49, eff. 7-15-15; 100-344, eff. 8-25-17;
5100-863, eff. 8-14-18.)
 
6    (750 ILCS 50/10)  (from Ch. 40, par. 1512)
7    Sec. 10. Forms of consent and surrender; execution and
8acknowledgment thereof.
9    A. The form of consent required for the adoption of a born
10child shall be substantially as follows:
 
11
FINAL AND IRREVOCABLE CONSENT TO ADOPTION

 
12    I, ...., (relationship, e.g., mother, father, relative,
13guardian) of ...., a male or female (circle one) child, state:
14    That such child was born on .... at ....
15    That I reside at ...., County of .... and State of ....
16    That I am of the age of .... years.
17    That I hereby enter my appearance in this proceeding and
18waive service of summons on me.
19    That I hereby acknowledge that I have been provided with a
20copy of the Birth Parent Rights and Responsibilities-Private
21Form before signing this Consent and that I have had time to
22read, or have had read to me, this Form. I understand that if I
23do not receive any of the rights as described in this Form, it

 

 

SB1999 Enrolled- 33 -LRB103 30669 KTG 57130 b

1shall not constitute a basis to revoke this Final and
2Irrevocable Consent.
3    That I do hereby consent and agree to the adoption of such
4child.
5    That I wish to and understand that by signing this consent
6I do irrevocably and permanently give up all custody and other
7parental rights I have to such child.
8    That I understand such child will be placed for adoption
9and that I cannot under any circumstances, after signing this
10document, change my mind and revoke or cancel this consent or
11obtain or recover custody or any other rights over such child.
12That I have read and understand the above and I am signing it
13as my free and voluntary act.
14    Dated (insert date).
15.........................
 
16    If under Section 8 the consent of more than one person is
17required, then each such person shall execute a separate
18consent.
19    A-1. (1) The form of the Final and Irrevocable Consent to
20Adoption by a Specified Person or Persons: Non-DCFS Case set
21forth in this subsection A-1 is to be used by legal parents
22only. This form is not to be used in cases in which there is a
23pending petition under Section 2-13 of the Juvenile Court Act
24of 1987.
25    (2) The form of the Final and Irrevocable Consent to

 

 

SB1999 Enrolled- 34 -LRB103 30669 KTG 57130 b

1Adoption by a Specified Person or Persons in a non-DCFS case
2shall have the caption of the proceeding in which it is to be
3filed and shall be substantially as follows:
 
4
FINAL AND IRREVOCABLE CONSENT TO ADOPTION BY
5
A SPECIFIED PERSON OR PERSONS; NON-DCFS CASE

 
6    I, ...., (relationship, e.g., mother, father) of ...., a
7male or female (circle one) child, state:
8    1. That such child was born on ...., at ....., in the
9City/Town of ... and State of ....
10    2. That I reside at ...., County of .... and State of ....,
11my email address (if I have one) is .... my cell phone number
12where I can receive text messages (if I have one) is .... and
13my land line phone number (if I have one) is ...., and any
14other contact information is ....
15    3. That I am of the age of .... years.
16    4. That I hereby enter my appearance in this proceeding
17and waive service of summons on me.
18    5. That I hereby acknowledge that I have been provided a
19copy of the Birth Parent Rights and Responsibilities-Private
20Form before signing this Consent and that I have had time to
21read, or have had read to me, this Form and that I understand
22the Rights and Responsibilities described in this Form. I
23understand that if I do not receive any of my rights as
24described in said Form, it shall not constitute a basis to

 

 

SB1999 Enrolled- 35 -LRB103 30669 KTG 57130 b

1revoke this Final and Irrevocable Consent to Adoption by a
2Specified Person.
3    6. That I do hereby consent and agree to the adoption of
4such child by .... (specified person or persons) only. If only
5first names are used for the specified person or persons, I
6voluntarily sign this specified consent form without
7disclosure to me of the last name of the specified person or
8persons. However, I understand that if I wish to know the last
9name of the specified person or persons, I may request it
10before signing the form. If I do not receive the last name, I
11may choose not to sign the specified consent form.
12    7. That I wish to and understand that upon signing this
13consent I do irrevocably and permanently give up all custody
14and other parental rights I have to such child if such child is
15adopted by .... (specified person or persons). I hereby
16transfer all of my rights to the custody, care and control of
17such child to ............................. (specified person
18or persons).
19    8. That I understand such child will be adopted by
20....................... (specified person or persons) and that
21I cannot under any circumstances, after signing this document,
22change my mind and revoke or cancel this consent or obtain or
23recover custody or any other rights over such child if
24............................ (specified person or persons)
25adopt(s) such child; PROVIDED that each specified person has
26filed or shall file, within 60 days from the date hereof, a

 

 

SB1999 Enrolled- 36 -LRB103 30669 KTG 57130 b

1petition for the adoption of such child.
2    9. That if the specified person or persons designated
3herein do not file a petition for adoption within the
4time-frame specified above, or, if said petition for adoption
5is filed within the time-frame specified above but the
6adoption petition is dismissed with prejudice or the adoption
7proceeding is otherwise concluded without an order declaring
8the child to be the adopted child of the specified person or
9persons, then I understand that I will be sent written notice
10of such circumstances at the mailing address, at the email
11address, through a text message to my cell phone number, and to
12any other contact information I have provided in paragraph 2
13within 5 business days of this occurrence. I understand that
14the notice will be directed to me using the contact
15information I have provided in this consent. I understand that
16I will have 15 business days from the date that the written
17notice is sent to me to respond in the manner described in the
18notice, within which time I may request the Court to declare
19this consent voidable and return the child to me. I further
20understand that the Court will make the final decision of
21whether or not the child will be returned to me. If I do not
22make such request within 15 business days of the date the
23notice was sent, then I expressly waive any other notice or
24service of process in any legal proceeding regarding the
25child, including a legal proceeding for someone other than
26..... (specified person or persons) to adopt the child, and

 

 

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1that I will have no parental rights as to the child. The person
2sending the notice shall file an affidavit of notice as proof
3of the date sent.
4    10. That I expressly acknowledge that nothing in this
5Consent impairs the validity and absolute finality of this
6Consent under any circumstance other than those described in
7paragraph 9 of this Consent.
8    11. That I understand that I have a remaining duty and
9obligation to keep .............. (insert name and address of
10the attorney for the specified person or persons) informed of
11my current address or other preferred contact information
12until this adoption has been finalized. My failure to do so may
13result in the termination of my parental rights and the child
14being placed for adoption in another home.
15    12. That I do expressly waive any other notice or service
16of process in any of the legal proceedings for the adoption of
17the child as long as the adoption proceeding by the specified
18person or persons is pending.
19    13. That I have read and understand the above and I am
20signing it as my free and voluntary act.
21    14. That I acknowledge that this consent is valid even if
22the specified person or persons separate or divorce or one of
23the specified persons dies prior to the entry of the final
24judgment for adoption.
25    Dated (insert date).
26    .............................................

 

 

SB1999 Enrolled- 38 -LRB103 30669 KTG 57130 b

1    Signature of parent.
2    .............................................
3    Address of parent.
4    .............................................
5    Phone number(s) of parent.
6    .............................................
7    Personal email(s) of parent.
8    .............................................
 
9    (3) The form of the certificate of acknowledgement for a
10Final and Irrevocable Consent for Adoption by a Specified
11Person or Persons: Non-DCFS Case shall be substantially as
12follows:
 
13STATE OF ..............)
14                       ) SS.
15COUNTY OF .............)
16    I, .................... (Name of Judge or other person),
17..................... (official title, name, and address),
18certify that ............., personally known to me to be the
19same person whose name is subscribed to the foregoing Final
20and Irrevocable Consent for Adoption by a Specified Person or
21Persons; non-DCFS case, appeared before me this day in person
22and acknowledged that (she)(he) signed and delivered the
23consent as (her)(his) free and voluntary act, for the
24specified purpose. I am further satisfied that, before signing

 

 

SB1999 Enrolled- 39 -LRB103 30669 KTG 57130 b

1this Consent, ........ has read, or has had read to him or her,
2the Birth Parent Rights and Responsibilities-Private Form.
 
3    A-2. Birth Parent Rights and Responsibilities-Private
4Form. The Birth Parent Rights and Responsibilities-Private
5Form must be read by, or have been read to, any person
6executing a Final and Irrevocable Consent to Adoption under
7subsection A, a Final and Irrevocable Consent to Adoption by a
8Specified Person or Persons: Non-DCFS Case under subsection
9A-1, or a Consent to Adoption of Unborn Child under subsection
10B prior to the execution of said Consent. The form of the Birth
11Parent Rights and Responsibilities-Private Form shall be
12substantially as follows:
 
13
Birth Parent Rights and Responsibilities-Private Form

 
14
THIS FORM DOES NOT CONSTITUTE LEGAL ADVICE. LEGAL ADVICE IS
15
DEPENDENT ON THE SPECIFIC CIRCUMSTANCES OF EACH SITUATION AND
16
JURISDICTION. THE INFORMATION IN THIS FORM CANNOT REPLACE THE
17
ADVICE OF AN ATTORNEY LICENSED IN YOUR STATE.
18    As a birth parent in the State of Illinois, you have the
19right:
20    1. To have your own attorney represent you. The
21prospective adoptive parents may agree to pay for the cost of
22your attorney in a manner consistent with Illinois law, but
23they are not required to do so.

 

 

SB1999 Enrolled- 40 -LRB103 30669 KTG 57130 b

1    2. To be treated with dignity and respect at all times and
2to make decisions free from coercion and pressure.
3    3. To request to receive counseling before and after
4signing a Final and Irrevocable Consent to Adoption
5("Consent"), a Final and Irrevocable Consent to Adoption by a
6Specified Person or Persons: Non-DCFS Case ("Specified
7Consent"), or a Consent to Adoption of Unborn Child ("Unborn
8Consent"). The prospective adoptive parents may agree to pay
9for the cost of counseling in a manner consistent with
10Illinois law, but they are not required to do so.
11    4. To ask to be involved in choosing your child's
12prospective adoptive parents and to ask to meet them.
13    5. To ask your child's prospective adoptive parents any
14questions that pertain to your decision to place your child
15with them.
16    6. To see your child before signing a Consent or Specified
17Consent if you are the custodial parent, and to request to see
18your child if you are not the custodial parent.
19    7. To request contact with your child and/or the child's
20prospective adoptive parents, with the understanding that any
21promises regarding contact with your child or receipt of
22information about the child after signing a Consent, Specified
23Consent, or Unborn Consent cannot be enforced under Illinois
24law.
25    8. To receive copies of all documents that you sign and
26have those documents provided to you in your preferred

 

 

SB1999 Enrolled- 41 -LRB103 30669 KTG 57130 b

1language.
2    9. To request that your identifying information remain
3confidential, unless required otherwise by Illinois law or
4court order, and to voluntarily share your medical,
5background, and identifying information, including information
6on the original birth certificate of your child. This can be
7done through the Illinois Adoption Registry and Medical
8Information Exchange or through completing the Birth Parent
9Preference Form. Please visit http://dph.illinois.gov or
10www.newillinoisadoptionlaw.com.
11    10. To access the Confidential Intermediary Program which
12provides a way for a court appointed person to connect and/or
13exchange information between adoptees, adoptive parents and
14birth parents, and other biological family members, provided
15in most cases that mutual consent is given. Please visit
16www.ci-illinois.org or call (800) 526-9022(x29).
17    11. To work with an adoption agency or attorney of your
18choice, or change said agency or attorney, provided you
19promptly inform all of the parties currently involved.
20    12. To receive, upon request, a written list of any
21promised support, financial or otherwise, from your attorney
22or the attorney for your child's prospective adoptive parents.
23    13. To delay signing a Consent, Specified Consent, or
24Unborn Consent if you are not ready to do so.
25    14. To decline to sign a Consent, Specified Consent, or
26Unborn Consent even if you have received financial support

 

 

SB1999 Enrolled- 42 -LRB103 30669 KTG 57130 b

1from the prospective adoptive parents.
2    If you do not receive any of the rights described in this
3Form, it shall not be a basis to revoke a Consent, Specified
4Consent, or Unborn Consent.
5    As a Birth Parent in the State of Illinois, you have the
6responsibility:
7    1. To carefully consider your reasons for choosing
8adoption.
9    2. (Birth mothers only) To accurately complete an
10Affidavit of Identification, which identifies the father of
11the child when known, with the understanding that a birth
12mother has a right to decline to identify the birth father.
13    3. To provide the necessary documentation regarding
14financial need to make an appropriate determination of
15reasonable pregnancy-related expenses.
16    4. To not accept financial support or reimbursement of
17pregnancy related expenses simultaneously from more than one
18source or if you are not pregnant, as doing so is a crime.
19    5. To voluntarily provide all known medical, background,
20and family information about yourself and your immediate
21family to your child's prospective adoptive parents or their
22attorney. For the health of your child, you are strongly
23encouraged, but not required, to do so as set forth on the
24following form:
25
Birth Parent Medical Information
26    The purpose of this form is to gather your health history,

 

 

SB1999 Enrolled- 43 -LRB103 30669 KTG 57130 b

1genetic history, and social background information to share
2with the adoptive parents. It is important the adoptive family
3provide this information to the child's physician. It will
4become a part of the child's medical and family history. This
5form, in its entirety, will be given to the adoptive
6parent(s).
7    The following information is true and complete to the best
8of my knowledge and belief.
9    Birth parent name:
10......................................
11    Signature:
12..............................................
13    Date:....................................................
14    YES or NO (circle one) I agree to release my full name on
15this form to the adoptive family. If NO is circled then the
16birth parent's name shall be redacted on this form.
17    MOTHER'S PHYSICAL CHARACTERISTICS:
18Eyes: ... Hair: .... Complexion: .... Height: ....
19Weight: .... Body build: ..... Race: .....
20Nationality/Descent: ....... Blood type: .... Rh factor: ....
21Eye glasses or contact lenses? Yes /.../ No /.../
22Right /.../ Left /.../ handed
23Age: .... or Date of birth: ..... Religion: .................
24    Please list your highest education level, occupation,
25hobbies, interests, and talents:
26............................

 

 

SB1999 Enrolled- 44 -LRB103 30669 KTG 57130 b

1Existence of any disabilities? Yes /.../ No /.../
2If yes, explain:.............................................
3    If you have other children, list them below. Include any
4children previously placed for adoption.
5....................
6    Describe your relationship with the birth father: .......
7    FATHER'S PHYSICAL CHARACTERISTICS:
8Eyes: ... Hair: .... Complexion: .... Height: ....
9Weight: .... Body build: ..... Race: .....
10Nationality/Descent: ....... Blood type: .... Rh factor: ....
11Eye glasses or contact lenses? Yes /.../ No /.../
12Right /.../ Left /.../ handed
13Age: .... or Date of birth: ..... Religion: .................
14    Please list your highest education level, occupation,
15hobbies, interests, and talents:
16............................
17Existence of any disabilities? Yes /.../ No /.../
18If yes, explain:.............................................
19    If you have other children, list them below. Include any
20children previously placed for adoption.
21....................
22
PREGNANCY HISTORY INVOLVING THIS CHILD
23    Month prenatal care began during this pregnancy:.........
24    Complications during pregnancy: Yes ... No ... If yes,
25explain: ....................................................
26    .............................................................

 

 

 

SB1999 Enrolled- 45 -LRB103 30669 KTG 57130 b

1
MEDICATION AND OTHER SUBSTANCES USED DURING
2
PREGNANCY OR YEAR PRIOR TO PREGNANCY
3FREQUENCY/ FREQUENCY/
4AMOUNT AMOUNT
5DURING PRIOR TO
6YES NO PREGNANCY PREGNANCY
7Alcohol/../ /../................. ...............
8Amphetamines/../ /../................................
9Barbiturates/../ /../................................
10Cocaine/../ /../................................
11Heroin/../ /../................................
12LSD/../ /../................................
13Marijuana/../ /../ ................. ...............
14Caffeine
15(Coffee,
16tea, etc)/../ /../ ................................
17Prescription
18drugs/../ /../ ................. ...............
19Non-
20prescription
21drugs /../ /../................................
22Other /../ /../ ................. ...............
23    In addition to this form, a birth parent shall also be
24provided the forms for the Illinois Adoption Registry and
25Medical Information Exchange.

 

 

SB1999 Enrolled- 46 -LRB103 30669 KTG 57130 b

1    B. The form of consent required for the adoption of an
2unborn child shall be substantially as follows:
 
3
CONSENT TO ADOPTION OF UNBORN CHILD

 
4    I, ...., state:
5    That I am the father of a child expected to be born on or
6about .... to .... (name of mother).
7    That I reside at .... County of ...., and State of .....
8    That I am of the age of .... years.
9    That I hereby enter my appearance in such adoption
10proceeding and waive service of summons on me.
11    That I hereby acknowledge that I have been provided with a
12copy of the Birth Parent Rights and Responsibilities-Private
13Form before signing this Consent, and that I have had time to
14read, or have had read to me, this Form. I understand that if I
15do not receive any of the rights as described in this Form, it
16shall not constitute a basis to revoke this Consent to
17Adoption of Unborn Child.
18    That I do hereby consent and agree to the adoption of such
19child, and that I have not previously executed a consent or
20surrender with respect to such child.
21    That I wish to and do understand that by signing this
22consent I do irrevocably and permanently give up all custody
23and other parental rights I have to such child, except that I
24have the right to revoke this consent by giving written notice

 

 

SB1999 Enrolled- 47 -LRB103 30669 KTG 57130 b

1of my revocation not later than 72 hours after the birth of the
2child.
3    That I understand such child will be placed for adoption
4and that, except as hereinabove provided, I cannot under any
5circumstances, after signing this document, change my mind and
6revoke or cancel this consent or obtain or recover custody or
7any other rights over such child.
8    That I have read and understand the above and I am signing
9it as my free and voluntary act.
10    Dated (insert date).
11........................
 
12    B-5. (1) The parent of a child may execute a consent to
13standby adoption by a specified person or persons. A consent
14under this subsection B-5 shall be acknowledged by a parent
15pursuant to subsection H and subsection K of this Section. The
16form of consent required for the standby adoption of a born
17child effective at a future date when the consenting parent of
18the child dies or requests that a final judgment of adoption be
19entered shall be substantially as follows:
 
20
FINAL AND IRREVOCABLE CONSENT
21
TO STANDBY ADOPTION

 
22    I, ..., (relationship, e.g. mother or father) of ...., a
23male or female (circle one) child, state:

 

 

SB1999 Enrolled- 48 -LRB103 30669 KTG 57130 b

1    That the child was born on .... at .....
2    That I reside at ...., County of ...., and State of .....
3    That I am of the age of .... years.
4    That I hereby enter my appearance in this proceeding and
5waive service of summons on me in this action only.
6    That I do hereby consent and agree to the standby adoption
7of the child, and that I have not previously executed a consent
8or surrender with respect to the child.
9    That I wish to and understand that by signing this consent
10I do irrevocably and permanently give up all custody and other
11parental rights I have to the child, effective upon (my death)
12(the child's other parent's death) or upon (my) (the other
13parent's) request for the entry of a final judgment for
14adoption if ..... (specified person or persons) adopt my
15child.
16    That I understand that until (I die) (the child's other
17parent dies), I retain all legal rights and obligations
18concerning the child, but at that time, I irrevocably give all
19custody and other parental rights to .... (specified person or
20persons).
21    I understand my child will be adopted by .......
22(specified person or persons) only and that I cannot, under
23any circumstances, after signing this document, change my mind
24and revoke or cancel this consent or obtain or recover custody
25or any other rights over my child if ..... (specified person or
26persons) adopt my child.

 

 

SB1999 Enrolled- 49 -LRB103 30669 KTG 57130 b

1    I understand that this consent to standby adoption is
2valid only if the petition for standby adoption is filed and
3that if ....... (specified person or persons), for any reason,
4cannot or will not file a petition for standby adoption or if
5his, her, or their petition for standby adoption is denied,
6then this consent is void. I have the right to notice of any
7other proceeding that could affect my parental rights.
8    That I have read and understand the above and I am signing
9it as my free and voluntary act.
10    Dated (insert date).
11....................
 
12    If under Section 8 the consent of more than one person is
13required, then each such person shall execute a separate
14consent. A separate consent shall be executed for each child.
15    (2) If the parent consents to a standby adoption by 2
16specified persons, then the form shall contain 2 additional
17paragraphs in substantially the following form:
18    If .... (specified persons) obtain a judgment of
19dissolution of marriage before the judgment for adoption is
20entered, then ..... (specified person) shall adopt my child. I
21understand that I cannot change my mind and revoke this
22consent or obtain or recover custody of my child if .....
23(specified persons) obtain a judgment of dissolution of
24marriage and ..... (specified person) adopts my child. I
25understand that I cannot change my mind and revoke this

 

 

SB1999 Enrolled- 50 -LRB103 30669 KTG 57130 b

1consent if ...... (specified persons) obtain a judgment of
2dissolution of marriage before the adoption is final. I
3understand that this consent to adoption has no effect on who
4will get custody of my child if ..... (specified persons)
5obtain a judgment of dissolution of marriage after the
6adoption is final. I understand that if either .....
7(specified persons) dies before the petition to adopt my child
8is granted, then the surviving person may adopt my child. I
9understand that I cannot change my mind and revoke this
10consent or obtain or recover custody of my child if the
11surviving person adopts my child.
12    A consent to standby adoption by specified persons on this
13form shall have no effect on a court's determination of
14custody or visitation under the Illinois Marriage and
15Dissolution of Marriage Act if the marriage of the specified
16persons is dissolved before the adoption is final.
17    (3) The form of the certificate of acknowledgement for a
18Final and Irrevocable Consent for Standby Adoption shall be
19substantially as follows:
 
20STATE OF .....)
21              ) SS.
22COUNTY OF ....)
 
23    I, ....... (name of Judge or other person) ..... (official
24title, name, and address), certify that ......., personally

 

 

SB1999 Enrolled- 51 -LRB103 30669 KTG 57130 b

1known to me to be the same person whose name is subscribed to
2the foregoing Final and Irrevocable Consent to Standby
3Adoption, appeared before me this day in person and
4acknowledged that (she) (he) signed and delivered the consent
5as (her) (his) free and voluntary act, for the specified
6purpose.
7    I have fully explained that this consent to adoption is
8valid only if the petition to adopt is filed, and that if the
9specified person or persons, for any reason, cannot or will
10not adopt the child or if the adoption petition is denied, then
11this consent will be void. I have fully explained that if the
12specified person or persons adopt the child, by signing this
13consent (she) (he) is irrevocably and permanently
14relinquishing all parental rights to the child, and (she) (he)
15has stated that such is (her) (his) intention and desire.
16    Dated (insert date).
17    Signature ..............................
 
18    (4) If a consent to standby adoption is executed in this
19form, the consent shall be valid only if the specified person
20or persons adopt the child. The consent shall be void if:
21        (a) the specified person or persons do not file a
22    petition for standby adoption of the child; or
23        (b) a court denies the standby adoption petition.
24    The parent shall not need to take further action to revoke
25the consent if the standby adoption by the specified person or

 

 

SB1999 Enrolled- 52 -LRB103 30669 KTG 57130 b

1persons does not occur, notwithstanding the provisions of
2Section 11 of this Act.
3    C. The form of surrender to any agency given by a parent of
4a born child who is to be subsequently placed for adoption
5shall be substantially as follows and shall contain such other
6facts and statements as the particular agency shall require.
 
7
FINAL AND IRREVOCABLE SURRENDER
8
FOR PURPOSES OF ADOPTION

 
9    I, .... (relationship, e.g., mother, father, relative,
10guardian) of ...., a male or female (circle one) child, state:
11    That such child was born on ...., at .....
12    That I reside at ...., County of ...., and State of .....
13    That I am of the age of .... years.
14    That I do hereby surrender and entrust the entire custody
15and control of such child to the .... (the "Agency"), a
16(public) (licensed) child welfare agency with its principal
17office in the City of ...., County of .... and State of ....,
18for the purpose of enabling it to care for and supervise the
19care of such child, to place such child for adoption and to
20consent to the legal adoption of such child.
21    That I hereby grant to the Agency full power and authority
22to place such child with any person or persons it may in its
23sole discretion select to become the adopting parent or
24parents and to consent to the legal adoption of such child by

 

 

SB1999 Enrolled- 53 -LRB103 30669 KTG 57130 b

1such person or persons; and to take any and all measures which,
2in the judgment of the Agency, may be for the best interests of
3such child, including authorizing medical, surgical and dental
4care and treatment including inoculation and anaesthesia for
5such child.
6    That I wish to and understand that by signing this
7surrender I do irrevocably and permanently give up all custody
8and other parental rights I have to such child.
9    That I understand I cannot under any circumstances, after
10signing this surrender, change my mind and revoke or cancel
11this surrender or obtain or recover custody or any other
12rights over such child.
13    That I have read and understand the above and I am signing
14it as my free and voluntary act.
15    Dated (insert date).
16........................
 
17    C-5. The form of a Final and Irrevocable Designated
18Surrender for Purposes of Adoption to any agency given by a
19parent of a born child who is to be subsequently placed for
20adoption is to be used by legal parents only. The form shall be
21substantially as follows and shall contain such other facts
22and statements as the particular agency shall require:
 
23
FINAL AND IRREVOCABLE DESIGNATED SURRENDER
24
FOR PURPOSES OF ADOPTION

 

 

 

SB1999 Enrolled- 54 -LRB103 30669 KTG 57130 b

1    I, .... (relationship, e.g., mother, father, relative,
2guardian) of ...., a male or female (circle one) child, state:
3    1. That such child was born on ...., at .....
4    2. That I reside at ...., County of ...., and State of
5....., my email address (if I have one) is .... my cell phone
6number where I can receive text messages (if I have one) is
7.... and my land line phone number (if I have one) is ...., and
8any other contact information is ....
9    3. That I am of the age of .... years.
10    4. That I do hereby surrender and entrust the entire
11custody and control of such child to the .... (the "Agency"), a
12(public) (licensed) child welfare agency with its principal
13office in the City of ...., County of .... and State of ....,
14for the purpose of enabling it to care for and supervise the
15care of such child, to place such child for adoption with
16............................. (specified person or persons)
17and to consent to the legal adoption of such child and to take
18any and all measures which, in the judgment of the Agency, may
19be for the best interests of such child, including authorizing
20medical, surgical and dental care and treatment including
21inoculation and anesthesia for such child. If only first names
22are used for the specified person or persons, I voluntarily
23sign this designated surrender without disclosure to me of the
24last name of the specified person or persons. However, I
25understand that if I wish to know the last name of the

 

 

SB1999 Enrolled- 55 -LRB103 30669 KTG 57130 b

1specified person or persons, I may request it before signing
2the form. If I do not receive the last name, I may choose not
3to sign the designated surrender form.
4    5. That I wish to and understand that by signing this
5surrender I do irrevocably and permanently give up all custody
6and other parental rights I have to such child.
7    6. That if the petition for adoption is not filed by the
8specified person or persons designated herein or, if the
9petition for adoption is filed but the adoption petition is
10dismissed with prejudice or the adoption proceeding is
11otherwise concluded without an order declaring the child to be
12the adopted child of each specified person, then I understand
13that the Agency will send notice to me at the mailing address,
14at the email address, through a text message to my cell phone
15number provided in paragraph 2, and to any other contact
16information I have provided in paragraph 2 within 5 business
17days of this occurrence. The person sending the notice shall
18prepare an affidavit of notice. I understand that I will have
1915 business days from the date that the written notice was sent
20to respond, within which time I may choose to designate other
21adoptive parent(s). However, I acknowledge that the Agency has
22full power and authority to place the child for adoption with
23any person or persons it may in its sole discretion select to
24become the adopting parent or parents and to consent to the
25legal adoption of the child by such person or persons.
26    7. That I acknowledge that this surrender is valid even if

 

 

SB1999 Enrolled- 56 -LRB103 30669 KTG 57130 b

1the specified persons separate or divorce or one of the
2specified persons dies prior to the entry of the final
3judgment for adoption.
4    8. That I expressly acknowledge that the above paragraphs
56 and 7 do not impair the validity and absolute finality of
6this surrender under any circumstance.
7    9. That I understand that I have a remaining obligation to
8keep the Agency informed of my current contact information
9until the adoption of the child has been finalized if I wish to
10be notified in the event the adoption by the specified
11person(s) cannot proceed.
12    10. That I understand I cannot under any circumstances,
13after signing this surrender, change my mind and revoke or
14cancel this surrender or obtain or recover custody or any
15other rights over such child.
16    11. That I have read and understand the above and I am
17signing it as my free and voluntary act.
18    Dated (insert date).
19..............................
 
20    D. The form of surrender to an agency given by a parent of
21an unborn child who is to be subsequently placed for adoption
22shall be substantially as follows and shall contain such other
23facts and statements as the particular agency shall require.
 
24
SURRENDER OF UNBORN CHILD FOR

 

 

SB1999 Enrolled- 57 -LRB103 30669 KTG 57130 b

1
PURPOSES OF ADOPTION

 
2    I, .... (father), state:
3    That I am the father of a child expected to be born on or
4about .... to .... (name of mother).
5    That I reside at ...., County of ...., and State of .....
6    That I am of the age of .... years.
7    That I do hereby surrender and entrust the entire custody
8and control of such child to the .... (the "Agency"), a
9(public) (licensed) child welfare agency with its principal
10office in the City of ...., County of .... and State of ....,
11for the purpose of enabling it to care for and supervise the
12care of such child, to place such child for adoption and to
13consent to the legal adoption of such child, and that I have
14not previously executed a consent or surrender with respect to
15such child.
16    That I hereby grant to the Agency full power and authority
17to place such child with any person or persons it may in its
18sole discretion select to become the adopting parent or
19parents and to consent to the legal adoption of such child by
20such person or persons; and to take any and all measures which,
21in the judgment of the Agency, may be for the best interests of
22such child, including authorizing medical, surgical and dental
23care and treatment, including inoculation and anaesthesia for
24such child.
25    That I wish to and understand that by signing this

 

 

SB1999 Enrolled- 58 -LRB103 30669 KTG 57130 b

1surrender I do irrevocably and permanently give up all custody
2and other parental rights I have to such child.
3    That I understand I cannot under any circumstances, after
4signing this surrender, change my mind and revoke or cancel
5this surrender or obtain or recover custody or any other
6rights over such child, except that I have the right to revoke
7this surrender by giving written notice of my revocation not
8later than 72 hours after the birth of such child.
9    That I have read and understand the above and I am signing
10it as my free and voluntary act.
11    Dated (insert date).
12........................
 
13    E. The form of consent required from the parents for the
14adoption of an adult, when such adult elects to obtain such
15consent, shall be substantially as follows:
 
16
CONSENT

 
17    I, ...., (father) (mother) of ...., an adult, state:
18    That I reside at ...., County of .... and State of .....
19    That I do hereby consent and agree to the adoption of such
20adult by .... and .....
21    Dated (insert date).
22.........................
 

 

 

SB1999 Enrolled- 59 -LRB103 30669 KTG 57130 b

1    F. The form of consent required for the adoption of a child
2of the age of 14 years or over, or of an adult, to be given by
3such person, shall be substantially as follows:
 
4
CONSENT

 
5    I, ...., state:
6    That I reside at ...., County of .... and State of .....
7That I am of the age of .... years. That I hereby enter my
8appearance in this proceeding and waive service of summons on
9me. That I consent and agree to my adoption by .... and .....
10    Dated (insert date).
11........................
 
12    G. The form of consent given by an agency to the adoption
13by specified persons of a child previously surrendered to it
14shall set forth that the agency has the authority to execute
15such consent. The form of consent given by a guardian of the
16person of a child sought to be adopted, appointed by a court of
17competent jurisdiction, shall set forth the facts of such
18appointment and the authority of the guardian to execute such
19consent.
20    H. A consent (other than that given by an agency, or
21guardian of the person of the child sought to be adopted who
22was appointed by a court of competent jurisdiction) shall be
23acknowledged by a parent before a judge of a court of competent

 

 

SB1999 Enrolled- 60 -LRB103 30669 KTG 57130 b

1jurisdiction or, except as otherwise provided in this Act,
2before a representative of an agency, or before a person,
3other than the attorney for the prospective adoptive parent or
4parents, designated by a court of competent jurisdiction.
5    I. A surrender, or any other document equivalent to a
6surrender, by which a child is surrendered to an agency shall
7be acknowledged by the person signing such surrender, or other
8document, before a judge of a court of competent jurisdiction,
9or, except as otherwise provided in this Act, before a
10representative of an agency, or before a person designated by
11a court of competent jurisdiction.
12    J. The form of the certificate of acknowledgment for a
13consent, a surrender, or any other document equivalent to a
14surrender, shall be substantially as follows:
 
15STATE OF ....)
16             ) SS.
17COUNTY OF ...)
18    I, .... (Name of judge or other person), .... (official
19title, name and location of court or status or position of
20other person), certify that ...., personally known to me to be
21the same person whose name is subscribed to the foregoing
22(consent) (surrender), appeared before me this day in person
23and acknowledged that (she) (he) signed and delivered such
24(consent) (surrender) as (her) (his) free and voluntary act,
25for the specified purpose.

 

 

SB1999 Enrolled- 61 -LRB103 30669 KTG 57130 b

1    I have fully explained that by signing such (consent)
2(surrender) (she) (he) is irrevocably relinquishing all
3parental rights to such child or adult and (she) (he) has
4stated that such is (her) (his) intention and desire. (Add if
5Consent only) I am further satisfied that, before signing this
6Consent, ........ has read, or has had read to him or her, the
7Birth Parent Rights and Responsibilities-Private Form.
8    Dated (insert date).
9    Signature ...............
 
10    K. When the execution of a consent or a surrender is
11acknowledged before someone other than a judge, such other
12person shall have his or her signature on the certificate
13acknowledged before a notary public, in form substantially as
14follows:
 
15STATE OF ....)
16             ) SS.
17COUNTY OF ...)
18    I, a Notary Public, in and for the County of ......, in the
19State of ......, certify that ...., personally known to me to
20be the same person whose name is subscribed to the foregoing
21certificate of acknowledgment, appeared before me in person
22and acknowledged that (she) (he) signed such certificate as
23(her) (his) free and voluntary act and that the statements
24made in the certificate are true.

 

 

SB1999 Enrolled- 62 -LRB103 30669 KTG 57130 b

1    Dated (insert date).
2    
Signature ...................... Notary Public
3
(official seal)

 
4    There shall be attached a certificate of magistracy, or
5other comparable proof of office of the notary public
6satisfactory to the court, to a consent signed and
7acknowledged in another state.
8    L. A surrender or consent executed and acknowledged
9outside of this State, either in accordance with the law of
10this State or in accordance with the law of the place where
11executed, is valid.
12    M. Where a consent or a surrender is signed in a foreign
13country, the execution of such consent shall be acknowledged
14or affirmed in a manner conformable to the law and procedure of
15such country.
16    N. If the person signing a consent or surrender is in the
17military service of the United States, the execution of such
18consent or surrender may be acknowledged before a commissioned
19officer and the signature of such officer on such certificate
20shall be verified or acknowledged before a notary public or by
21such other procedure as is then in effect for such division or
22branch of the armed forces.
23    O. (1) The parent or parents of a child in whose interests
24a petition under Section 2-13 of the Juvenile Court Act of 1987
25is pending may, with the approval of the designated

 

 

SB1999 Enrolled- 63 -LRB103 30669 KTG 57130 b

1representative of the Department of Children and Family
2Services ("Department" or "DCFS"), execute a consent to
3adoption by a specified person or persons:
4        (a) in whose physical custody the child has resided
5    for at least 6 months; or
6        (b) in whose physical custody at least one sibling of
7    the child who is the subject of this consent has resided
8    for at least 6 months, and the child who is the subject of
9    this consent is currently residing in this foster home; or
10        (c) in whose physical custody a child under one year
11    of age has resided for at least 3 months.
12    The court may waive the time frames in subdivisions (a),
13(b), and (c) for good cause shown if the court finds it to be
14in the child's best interests.
15    A consent under this subsection O shall be acknowledged by
16a parent pursuant to subsection H and subsection K of this
17Section.
18    (2) The final and irrevocable consent to adoption by a
19specified person or persons in a Department of Children and
20Family Services (DCFS) case shall be substantially as follows:
 
21
FINAL AND IRREVOCABLE CONSENT TO ADOPTION BY
22
A SPECIFIED PERSON OR PERSONS: DCFS CASE

 
23    I, ......................................, the
24.................. mother or father (circle one) of a male or

 

 

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1female (circle one) child, state:
2        1. My child ............................ (name of
3    child) was born on ..... (insert date) at
4    .................... Hospital in the City/Town of
5    ........., in ................ County, State of
6    ...............
7        2. I reside at ......................, County of
8    ............. and State of ..............
9        Mail may also be sent to me at this address
10    ............................, in care of
11    .................
12        My home telephone number is......................
13        My cell telephone number is......................
14        My e-mail address is.................................
15        3. I, ..........................., am .... years old.
16        4. I enter my appearance in this action for my child to
17    be adopted by the person or persons specified herein by me
18    and waive service of summons on me in this action only.
19        5. I hereby acknowledge that I have been provided a
20    copy of the Birth Parent Rights and Responsibilities in
21    Illinois for Final and Irrevocable Consents to Adoption by
22    a Specified Person or Persons for DCFS Cases before
23    signing this Consent and that I have had time to read this
24    form or have it read to me and that I understand the rights
25    and responsibilities described in this form. I understand
26    that if I do not receive any of my rights as described in

 

 

SB1999 Enrolled- 65 -LRB103 30669 KTG 57130 b

1    the form, it shall not constitute a basis to revoke this
2    Final and Irrevocable Consent to Adoption by a Specified
3    Person or Persons.
4        6. I do hereby consent and agree to the adoption of
5    such child by .......... (names of current foster
6    parent(s) or caregiver(s), hereinafter referred to as the
7    "specified person or persons") only.
8        7. I wish to sign this consent and I understand that by
9    signing this consent I irrevocably and permanently give up
10    all my parental rights I have to my child.
11        8. I understand that this consent allows my child to
12    be adopted by the specified person or persons only and
13    that I cannot under any circumstances after signing this
14    document change my mind and revoke or cancel this consent.
15        9. I understand that this consent will be void if:
16            (a) the Department places my child with someone
17        other than the specified person or persons; or
18            (b) a court denies the adoption petition for the
19        specified person or persons to adopt my child; or
20            (c) the DCFS Guardianship Administrator refuses to
21        consent to my child's adoption by the specified person
22        or persons on the basis that the adoption is not in my
23        child's best interests.
24        I understand that if this consent is void I have
25    parental rights to my child, subject to any applicable
26    court orders including those entered under Article II of

 

 

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1    the Juvenile Court Act of 1987, unless and until I sign a
2    new consent or surrender or my parental rights are
3    involuntarily terminated. I understand that if this
4    consent is void, my child may be adopted by someone other
5    than the specified person or persons only if I sign a new
6    consent or surrender, or my parental rights are
7    involuntarily terminated. I understand that if this
8    consent is void, the Department will notify me within 30
9    days using the addresses and telephone numbers I provided
10    in paragraph 2 of this form. I understand that if I receive
11    such a notice, it is very important that I contact the
12    Department immediately, and preferably within 30 days, to
13    have input into the plan for my child's future.
14        10. I understand that if a petition for adoption of my
15    child is filed by someone other than the specified person
16    or persons, the Department will notify me within 14 days
17    after the Department becomes aware of the petition. The
18    fact that someone other than the specified person or
19    persons files a petition to adopt my child does not make
20    this consent void.
21        11. If a person other than the specified person or
22    persons files a petition to adopt my child or if the
23    consent is void under paragraph 9, the Department will
24    send written notice to me using the mailing address and
25    email address provided by me in paragraph 2 of this form.
26    The Department will also contact me using the telephone

 

 

SB1999 Enrolled- 67 -LRB103 30669 KTG 57130 b

1    numbers I provided in paragraph 2 of this form. It is very
2    important that I let the Department know if any of my
3    contact information changes. If I do not let the
4    Department know if any of my contact information changes,
5    I understand that I may not receive notification from the
6    Department if this consent is void or if someone other
7    than the specified person or persons files a petition to
8    adopt my child. If any of my contact information changes,
9    I should immediately notify:
10        Caseworker's name and telephone number:
11    ............................................................;
12        Agency name, address, zip code, and telephone number:
13    ............................................................;
14        Supervisor's name and telephone number:
15    ............................................................;
16    DCFS Advocacy Office for Children and Families:
17    800-232-3798.
18        12. I expressly acknowledge that paragraph 9 (and
19    paragraphs 8a and 8b, if applicable) do not impair the
20    validity and finality of this consent under any
21    circumstances.
22        13. I have read and understand the above and I am
23    signing it as my free and voluntary act.
24        Dated (insert date).
25        .............................................
26        Signature of parent
 

 

 

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1    (3) If the parent consents to an adoption by 2 specified
2persons, then the form shall contain 2 additional paragraphs
3in substantially the following form:
4        8a. I understand that I cannot change my mind or
5    revoke this consent or recover custody of my child on the
6    basis that the specified persons divorce or are granted a
7    dissolution of a civil union or that one of the specified
8    persons has died.
9        8b. I understand that if the specified persons get a
10    divorce or are granted a dissolution of a civil union
11    before the petition to adopt my child is granted, this
12    consent remains valid only for ............... (name only
13    one specified person) to adopt my child.
14        8c. I understand that if either of the specified
15    persons dies before the petition to adopt my child is
16    granted, this consent remains valid for the surviving
17    person to adopt my child.
18    (4) The form of the certificate of acknowledgement for a
19Final and Irrevocable Consent for Adoption by a Specified
20Person or Persons: DCFS Case shall be substantially as
21follows:
 
22STATE OF ..............)
23                       ) SS.
24COUNTY OF .............)
 

 

 

SB1999 Enrolled- 69 -LRB103 30669 KTG 57130 b

1    I, .................... (Name of Judge or other person),
2..................... (official title, name, and address),
3certify that ............., personally known to me to be the
4same person whose name is subscribed to the foregoing Final
5and Irrevocable Consent for Adoption by a Specified Person or
6Persons: DCFS Case, appeared before me this day in person and
7acknowledged that (she)(he) signed and delivered the consent
8as (her)(his) free and voluntary act, for the specified
9purpose.
10    I have fully explained that by signing this consent this
11parent is irrevocably and permanently relinquishing all
12parental rights to the child so that the child may be adopted
13by a specified person or persons, and this parent has stated
14that such is (her)(his) intention and desire. I have fully
15explained that this consent is void only if:
16        (a) the placement is disrupted and the child is moved
17    to a different placement; or
18        (b) a court denies the petition for adoption; or
19        (c) the Department of Children and Family Services
20    Guardianship Administrator refuses to consent to the
21    child's adoption by a specified person or persons on the
22    basis that the adoption is not in the child's best
23    interests.
24    Dated (insert date).
25    ...............................

 

 

SB1999 Enrolled- 70 -LRB103 30669 KTG 57130 b

1    Signature
 
2    (5) If a consent to adoption by a specified person or
3persons is executed in this form, the following provisions
4shall apply. The consent shall be valid only for the specified
5person or persons to adopt the child. The consent shall be void
6if:
7        (a) the placement disrupts and the child is moved to
8    another placement; or
9        (b) a court denies the petition for adoption; or
10        (c) the Department of Children and Family Services
11    Guardianship Administrator refuses to consent to the
12    child's adoption by the specified person or persons on the
13    basis that the adoption is not in the child's best
14    interests.
15    If the consent is void under this Section, the parent
16shall not need to take further action to revoke the consent. No
17proceeding for termination of parental rights shall be brought
18unless the parent who executed the consent to adoption by a
19specified person or persons has been notified of the
20proceedings pursuant to Section 7 of this Act or subsection
21(4) of Section 2-13 of the Juvenile Court Act of 1987.
22    (6) The Department of Children and Family Services is
23authorized to promulgate rules necessary to implement this
24subsection O.
25    (7) (Blank).

 

 

SB1999 Enrolled- 71 -LRB103 30669 KTG 57130 b

1    (8) The Department of Children and Family Services shall
2promulgate a rule and procedures regarding Consents to
3Adoption by a Specified Person or Persons in DCFS cases. The
4rule and procedures shall provide for the development of the
5Birth Parent Rights and Responsibilities Form for DCFS Cases.
6    (9) A consent to adoption by specified persons on this
7consent form shall have no effect on a court's determination
8of custody or visitation under the Illinois Marriage and
9Dissolution of Marriage Act or the Illinois Religious Freedom
10Protection and Civil Union Act if the marriage or civil union
11of the specified persons is dissolved after the adoption is
12final.
13    P. If the person signing a consent is incarcerated or
14detained in a correctional facility, prison, jail, detention
15center, or other comparable institution, either in this State
16or any other jurisdiction, the execution of such consent may
17be acknowledged before social service personnel of such
18institution, or before a person designated by a court of
19competent jurisdiction.
20    Q. A consent may be acknowledged telephonically, via
21audiovisual connection, or other electronic means, provided
22that a court of competent jurisdiction has entered an order
23approving the execution of the consent in such manner and has
24designated an individual to be physically present with the
25parent executing such consent in order to verify the identity
26of the parent.

 

 

SB1999 Enrolled- 72 -LRB103 30669 KTG 57130 b

1    R. An agency whose representative is acknowledging a
2consent pursuant to this Section shall be a public child
3welfare agency, or a child welfare agency, or a child placing
4agency that is authorized or licensed in the State or
5jurisdiction in which the consent is signed.
6    S. The form of waiver by a putative or legal father of a
7born or unborn child shall be substantially as follows:
 
8
FINAL AND IRREVOCABLE
9
WAIVER OF PARENTAL RIGHTS OF PUTATIVE OR LEGAL FATHER

 
10    I, ...................., state under oath or affirm as
11follows:
12        1. That the biological mother ............... has
13    named me as a possible biological or legal father of her
14    minor child who was born, or is expected to be born on
15    ..........., ......, in the City/Town of........., State
16    of ...........
17        2. That I understand that the biological mother
18    ............. intends to or has placed the child for
19    adoption.
20        3. That I reside at ................, in the City/Town
21    of..........., State of ................
22        4. That I am ................ years of age and my date
23    of birth is ..............., .............
24        5. That I (select one):

 

 

SB1999 Enrolled- 73 -LRB103 30669 KTG 57130 b

1            ..... am married to the biological mother.
2            ..... am not married to the biological mother and
3        have not been married to the biological mother within
4        300 days before the child's birth or expected date of
5        child's birth.
6            ..... am not currently married to the biological
7        mother, but was married to the biological mother,
8        within 300 days before the child's birth or expected
9        date of child's birth.
10        6. That I (select one):
11            ..... neither admit nor deny that I am the
12        biological father of the child.
13            ..... deny that I am the biological father of the
14        child.
15        7. That I hereby agree to the termination of my
16    parental rights, if any, without further notice to me of
17    any proceeding for the adoption of the minor child, even
18    if I have taken any action to establish parental rights or
19    take any such action in the future including registering
20    with any putative father registry.
21        8. That I understand that by signing this Waiver I do
22    irrevocably and permanently give up all custody and other
23    parental rights I may have to such child.
24        9. That I understand that this Waiver is FINAL AND
25    IRREVOCABLE and that I am permanently barred from
26    contesting any proceeding for the adoption of the child

 

 

SB1999 Enrolled- 74 -LRB103 30669 KTG 57130 b

1    after I sign this Waiver.
2        10. That I waive any further service of summons or
3    other pleadings in any proceeding to terminate parental
4    rights, if any to this child, or any proceeding for
5    adoption of this child.
6        11. That I understand that if a final judgment or
7    order of adoption for this child is not entered, then any
8    parental rights or responsibilities that I may have remain
9    intact.
10        12. That I have read and understand the above and that
11    I am signing it as my free and voluntary act.
 
12    Dated: ..................., ..............
13    ...........................................
14    Signature
 
15
OATH
16I have been duly sworn and I state under oath that I have read
17and understood this Final and Irrevocable Waiver of Parental
18Rights of Putative or Legal Father. The facts contained in it
19are true and correct to the best of my knowledge. I have signed
20this document as my free and voluntary act in order to
21facilitate the adoption of the child.
 
22..............................
23Signature
 

 

 

SB1999 Enrolled- 75 -LRB103 30669 KTG 57130 b

1Signed and Sworn before me on
2this ............ day
3of ..........., 20....
 
4...................
5Notary Public
6(Source: P.A. 99-833, eff. 1-1-17; 100-1060, eff. 1-1-19.)