Full Text of SB1999 103rd General Assembly
SB1999enr 103RD GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning children.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 10. The Abandoned Newborn Infant Protection Act is | 5 | | amended by changing Sections 5, 10, 20, 22, 35, 37, 40, 45, 50, | 6 | | 55, 60, and 65 as follows:
| 7 | | (325 ILCS 2/5)
| 8 | | Sec. 5. Public policy. Illinois recognizes that newborn
| 9 | | infants have been abandoned to the environment or to other
| 10 | | circumstances that may be unsafe to the newborn infant. These
| 11 | | circumstances have caused injury and death to newborn infants | 12 | | and
give rise to potential civil or criminal liability to | 13 | | parents who may be under
severe emotional distress.
It is | 14 | | recognized that establishing an adoption
plan is preferable to | 15 | | relinquishing a child using the procedures outlined in
this | 16 | | Act, but to reduce the
chance of injury to a newborn infant, | 17 | | this Act provides a safer
alternative. This Act is intended to | 18 | | provide a mechanism for a newborn infant to be
relinquished to | 19 | | a safe environment and for the parents of the infant
to remain | 20 | | anonymous if they choose and to avoid civil or criminal | 21 | | liability for
the act of
relinquishing the infant. It is | 22 | | recognized that establishing an adoption
plan is preferable to | 23 | | relinquishing a child using the procedures outlined in
this |
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| 1 | | Act, but to reduce the
chance of injury to a newborn infant, | 2 | | this Act provides a safer
alternative.
| 3 | | A public information campaign on this delicate issue shall | 4 | | be implemented to
encourage parents considering abandonment of | 5 | | their newborn child to relinquish
the child under the | 6 | | procedures outlined in this Act, to choose a traditional
| 7 | | adoption plan, or to parent a child themselves rather than | 8 | | place 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 | 13 | | Neglected
Child Reporting Act.
| 14 | | "Abused child" has the same meaning as in the Abused and | 15 | | Neglected
Child Reporting Act.
| 16 | | " Child welfare Child-placing agency" means an Illinois a | 17 | | licensed public or private agency
that receives a child for | 18 | | the purpose of placing or arranging
for the placement of the | 19 | | child in a foster or pre-adoptive family home or
other | 20 | | facility for child care, apart from the custody of the child's
| 21 | | parents.
| 22 | | "Department" or "DCFS" means the Illinois Department of | 23 | | Children and
Family Services.
| 24 | | "Emergency medical facility" means a freestanding | 25 | | emergency center or
trauma center, as defined in the Emergency |
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| 1 | | Medical Services (EMS) Systems
Act.
| 2 | | "Emergency medical professional" includes licensed | 3 | | physicians, and any
emergency medical technician, emergency | 4 | | medical
technician-intermediate, advanced emergency medical | 5 | | technician, paramedic,
trauma nurse specialist, and | 6 | | pre-hospital registered nurse, as defined in the
Emergency | 7 | | Medical Services (EMS) Systems Act.
| 8 | | "Fire station" means a fire station within the State with | 9 | | at least one staff person.
| 10 | | "Hospital" has the same meaning as in the Hospital | 11 | | Licensing Act.
| 12 | | "Legal custody" means the relationship created by a court | 13 | | order in
the best interest of a newborn infant that imposes on | 14 | | the infant's custodian
the responsibility of physical | 15 | | possession of the infant, the duty to
protect, train, and | 16 | | discipline the infant, and the duty to provide the infant
with | 17 | | food,
shelter, education, and medical care, except as these | 18 | | are limited by
parental rights and responsibilities.
| 19 | | "Neglected child" has the same meaning as in the Abused | 20 | | and
Neglected Child Reporting Act.
| 21 | | "Newborn infant" means a child who a licensed physician | 22 | | reasonably
believes is 30 days old or less at the time the | 23 | | child is
initially relinquished to a hospital, police station, | 24 | | fire station, or
emergency
medical facility, and who is not an | 25 | | abused or a neglected child.
| 26 | | "Parent" or "biological parent" or "birth parent" means a |
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| 1 | | person who has established maternity or paternity of the | 2 | | newborn infant through genetic testing. | 3 | | "Police station" means a municipal police station, a | 4 | | county sheriff's
office, a campus police department located on | 5 | | any college or university owned or controlled by the State or | 6 | | any private college or private university that is not owned or | 7 | | controlled by the State when employees of the campus police | 8 | | department are present, or any of the district headquarters of | 9 | | the Illinois State Police.
| 10 | | "Relinquish" means to bring a newborn infant, who a
| 11 | | licensed physician reasonably believes is 30 days old or less,
| 12 | | to a hospital, police station, fire station, or emergency | 13 | | medical facility
and
to leave the infant with personnel of the | 14 | | facility, if the person leaving the
infant does not express an | 15 | | intent to return for the
infant or states that he or she will | 16 | | not return for the infant.
In the case of a mother who gives | 17 | | birth to an infant in a hospital,
the mother's act of leaving | 18 | | that newborn infant at the
hospital (i) without expressing an | 19 | | intent to return for the infant or (ii)
stating that she will | 20 | | not return for the infant is not a "relinquishment" under
this | 21 | | Act.
| 22 | | "Temporary protective custody" means the temporary | 23 | | placement of
a newborn infant within a hospital or other | 24 | | medical 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
| 3 | | infants.
| 4 | | (a) Hospitals. Every hospital must accept and
provide all | 5 | | necessary emergency services and care to a relinquished
| 6 | | newborn infant, in accordance with this Act.
The hospital | 7 | | shall examine a relinquished newborn infant and perform tests
| 8 | | that, based on reasonable medical judgment, are appropriate in | 9 | | evaluating
whether the relinquished newborn infant was abused | 10 | | or neglected.
| 11 | | The act of relinquishing a newborn infant serves as | 12 | | implied
consent for the hospital and its medical personnel and | 13 | | physicians on
staff to treat and provide care for the
infant.
| 14 | | The hospital shall be deemed to have temporary protective | 15 | | custody of a
relinquished newborn
infant until the infant is | 16 | | discharged to the custody of a
child welfare child-placing | 17 | | agency or the Department.
The hospital shall provide all | 18 | | available medical records and information to the Department | 19 | | and the child welfare agency that has accepted the referral of | 20 | | the infant in accordance with Section 50.
| 21 | | (b) Fire stations and emergency medical facilities. Every | 22 | | fire
station and emergency medical facility must accept and
| 23 | | provide all necessary emergency services and care to a | 24 | | relinquished
newborn infant, in accordance with this Act.
| 25 | | The act of relinquishing a newborn infant serves as | 26 | | implied
consent for the fire station or emergency medical |
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| 1 | | facility and
its emergency medical professionals to treat and | 2 | | provide care for the
infant, to the extent that those | 3 | | emergency medical professionals are trained
to
provide those | 4 | | services.
| 5 | | After the relinquishment of a newborn infant to a fire | 6 | | station or
emergency medical facility, the fire station or | 7 | | emergency medical
facility's personnel must arrange for the | 8 | | transportation of the
infant to the nearest hospital as soon | 9 | | as
transportation can be arranged.
| 10 | | If the person who relinquished or a person claiming to be | 11 | | the parent of a newborn infant returns to reclaim the
infant | 12 | | child within 30 days 72 hours after the infant was | 13 | | relinquished relinquishing the child to a fire station or
| 14 | | emergency
medical facility, the fire station or emergency | 15 | | medical facility must inform
such person the parent of the | 16 | | name and location of the hospital to which the infant was
| 17 | | transported.
| 18 | | (c) Police stations. Every police station must accept a | 19 | | relinquished
newborn
infant, in accordance with this Act. | 20 | | After the relinquishment of a newborn
infant to a
police | 21 | | station, the police station must arrange for the | 22 | | transportation of the
infant to the
nearest hospital as soon | 23 | | as transportation can be arranged.
The act of relinquishing a
| 24 | | newborn infant serves as implied consent for the hospital to | 25 | | which the infant
is
transported and that hospital's medical | 26 | | personnel and physicians on staff to
treat and
provide care |
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| 1 | | for the infant.
| 2 | | If the person who relinquished or a person claiming to be | 3 | | the parent of a newborn infant returns to reclaim the infant | 4 | | within 30 days 72
hours after
the infant was relinquished | 5 | | relinquishing the infant to a police station,
the police | 6 | | station must inform such person the parent of the
name and | 7 | | location 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; | 9 | | 93-820, eff. 7-27-04 .)
| 10 | | (325 ILCS 2/22) | 11 | | Sec. 22. Signage Signs . Every hospital, fire station, | 12 | | emergency medical facility, and police station that is | 13 | | required to accept a relinquished newborn infant in accordance | 14 | | with this Act must post, either by physical or electronic | 15 | | means, a sign in a conspicuous place on the exterior of the | 16 | | building housing the facility informing persons that a newborn | 17 | | infant may be relinquished at the facility in accordance with | 18 | | this Act. The Department shall prescribe specifications for | 19 | | the signs and for their placement that will ensure statewide | 20 | | uniformity. | 21 | | This Section does not apply to a hospital, fire station, | 22 | | emergency medical facility, or police station that has a sign | 23 | | that is consistent with the requirements of this Section that | 24 | | is posted on the effective date of this amendatory Act of the | 25 | | 95th 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 | 5 | | emergency
medical facility that receives a newborn infant | 6 | | relinquished in accordance with
this
Act shall must offer an | 7 | | information packet to the relinquishing person information | 8 | | about the relinquishment process and, either in writing or by | 9 | | referring such person to a website or other electronic | 10 | | resource, such information shall state if
possible, must | 11 | | clearly inform the relinquishing person that his or her
| 12 | | acceptance of the
information is completely voluntary. The
| 13 | | information 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 | 8 | | shall provide the
application forms for the Illinois Adoption | 9 | | Registry and Medical Information
Exchange.
| 10 | | (b) The information offered packet given to a | 11 | | relinquishing person parent in accordance with this Act shall | 12 | | include, in addition to other information required under this | 13 | | Act, 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 | 3 | | means packet shall be designed in coordination between the | 4 | | Office of Vital Records and the Department of Children and | 5 | | Family Services . The Failure to provide such information under | 6 | | this Section or the failure of the relinquishing person to | 7 | | accept such information shall not invalidate the | 8 | | relinquishment under this Act. , with the exception of the | 9 | | resource list of providers of counseling services and adoption | 10 | | agencies, which shall be provided by the hospital, fire | 11 | | station, police station, sheriff's office, or emergency | 12 | | medical 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. | 16 | | Emergency medical professionals, employees, or other persons | 17 | | engaged in the administration or operation of a fire station, | 18 | | police station, hospital, emergency medical facility, child | 19 | | welfare child placing agency, or the Department where a | 20 | | newborn infant baby has been relinquished or transferred under | 21 | | this Act, are prohibited from publicly disclosing any | 22 | | information concerning the relinquishment of the infant and | 23 | | the 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 | 4 | | a relinquishing person or from a police station, fire station, | 5 | | or
emergency medical
facility in accordance with this Act, a | 6 | | hospital must report to the
Department's State Central | 7 | | Registry for the purpose of transferring
physical custody of | 8 | | the infant from the hospital to either a
child welfare | 9 | | child-placing agency or the Department.
| 10 | | (b) Within 24 hours after receiving a report under | 11 | | subsection (a), the
Department must request assistance from | 12 | | law enforcement
officials to investigate the matter using the | 13 | | National Crime Information Center
to ensure that the | 14 | | relinquished newborn infant is not a missing
child.
| 15 | | (c) Once a hospital has made a report to the Department
| 16 | | under subsection (a), the
Department must
arrange for
a | 17 | | licensed child welfare child-placing agency to accept physical | 18 | | custody of the relinquished
newborn infant.
| 19 | | (d) If a relinquished child is not a newborn infant as | 20 | | defined
in this Act, the hospital and the Department must | 21 | | proceed 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; | 23 | | 93-820, eff. 7-27-04 .)
| 24 | | (325 ILCS 2/45)
| 25 | | Sec. 45. Medical assistance. Notwithstanding any other |
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| 1 | | provision of
law, a newborn infant relinquished in accordance | 2 | | with this Act shall be deemed
eligible for medical assistance | 3 | | under
the Illinois Public Aid Code, and a hospital
providing | 4 | | medical services to such an infant shall be reimbursed for | 5 | | those
services in accordance with the payment
methodologies | 6 | | authorized under that
Code. In addition, for
any day that a | 7 | | hospital has custody of a newborn infant
relinquished in | 8 | | accordance with this Act and the infant does not require
| 9 | | medically necessary care, the hospital shall be reimbursed by | 10 | | the
Department of Healthcare and Family Services at the | 11 | | general acute care per diem rate, in accordance
with 89 Ill. | 12 | | Adm. Code 148.270(c). The hospital shall complete and submit | 13 | | an application for medical assistance provided under Article V | 14 | | of the Illinois Public Aid Code on behalf of the infant. The | 15 | | Department of Healthcare and Family Services may adopt rules | 16 | | in 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 | 21 | | a list of licensed child welfare child-placing
agencies | 22 | | willing to take legal custody of newborn infants relinquished
| 23 | | in accordance with this Act. The
child welfare child-placing | 24 | | agencies on the list must be contacted by the
Department on a | 25 | | rotating basis upon notice from a hospital
that a newborn |
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| 1 | | infant has been
relinquished in accordance with this Act.
| 2 | | (b) Upon notice from the Department that a newborn infant | 3 | | has
been relinquished in accordance with this Act, a child | 4 | | welfare child-placing
agency must accept the newborn infant if | 5 | | the agency has the accommodations to
do
so. The
child welfare | 6 | | child-placing agency must seek an order for legal custody of | 7 | | the
infant upon its acceptance of the infant.
| 8 | | (c) Within 3 business days after accepting the referral | 9 | | from the Department assuming physical custody of the infant ,
| 10 | | the child welfare child-placing agency shall file a
petition
| 11 | | for custody in the division of the
circuit court in which | 12 | | petitions for adoption would normally be
heard. The petition | 13 | | for custody shall allege that the newborn infant has been | 14 | | relinquished
in accordance with this Act and shall request | 15 | | state that the child welfare child-placing agency
be given the | 16 | | authority intends to place the infant in an adoptive home , | 17 | | foster home, child care facility, or other facility | 18 | | appropriate for the needs of the infant. No filing or | 19 | | appearance fees shall be charged to any petitioner .
| 20 | | (d) If no licensed child welfare child-placing agency is | 21 | | able to accept the
relinquished newborn infant, then the | 22 | | Department must assume
responsibility for the infant as soon | 23 | | as practicable.
| 24 | | (e) A custody order issued under subsection (b) shall | 25 | | grant the child welfare agency the authority to make medical | 26 | | and health-related decisions for the infant. The order shall |
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| 1 | | remain in
effect until a final adoption order based on the | 2 | | relinquished newborn
infant's best interests is issued in | 3 | | accordance with this Act and the Adoption
Act.
| 4 | | (f) When possible, the child welfare child-placing agency | 5 | | must place a
relinquished newborn infant in a prospective | 6 | | adoptive home.
| 7 | | (g) The Department or child welfare child-placing agency | 8 | | must initiate proceedings to (i)
terminate the parental rights | 9 | | of the relinquished newborn infant's
known or unknown parents, | 10 | | (ii) appoint a guardian for the infant, and
(iii) obtain | 11 | | consent to the infant's adoption in accordance with this
Act | 12 | | no sooner than 60 days following the date of the initial
| 13 | | relinquishment of the infant to the hospital, police station, | 14 | | fire station,
or
emergency medical facility.
| 15 | | (h) Before filing a petition for termination of parental
| 16 | | rights, the Department or child welfare child-placing agency | 17 | | must 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; | 14 | | 93-820, 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 | 18 | | infant relinquished
in accordance with this Act may petition | 19 | | for the return of custody of
the infant before the termination | 20 | | of parental
rights with respect to the infant.
| 21 | | (b) A parent of a newborn infant relinquished
in | 22 | | accordance with this Act may petition for the return of | 23 | | custody of
the infant by contacting the Department
for the | 24 | | purpose of obtaining the name of the child welfare | 25 | | child-placing agency with custody of the infant and the |
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| 1 | | appropriate court in which the petition for return of custody | 2 | | of the infant must be filed, and then
filing
a petition for | 3 | | return of custody in the circuit court in which the
proceeding | 4 | | for the termination of parental rights is pending.
No filing | 5 | | fees or appearance fees shall be charged to any petitioner.
| 6 | | (c) (Blank). If a petition for the termination of parental | 7 | | rights has not
been filed by the Department or the | 8 | | child-placing agency, the parent of the
relinquished newborn | 9 | | infant must contact the Department, which must
notify the | 10 | | parent of the appropriate court in which
the petition for | 11 | | return of custody must be filed.
| 12 | | (d) The circuit court may hold the proceeding for the | 13 | | termination of
parental rights in abeyance for a period not to | 14 | | exceed 60 days from the date
that the petition for return of | 15 | | custody was filed without a
showing of good cause. During that | 16 | | period:
| 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 |
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| 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 | 8 | | a
relinquished newborn infant before the termination
of | 9 | | parental rights
bars any future action asserting legal rights | 10 | | with respect to the
infant unless the parent's act
of | 11 | | relinquishment that led to the termination of parental rights
| 12 | | involved fraud perpetrated against and not stemming from or | 13 | | involving
the parent of the newborn infant . No
action to void | 14 | | or revoke the termination of parental rights of a parent
of a | 15 | | newborn infant relinquished in accordance with
this Act, | 16 | | including an action based on fraud, may be commenced after 12
| 17 | | months after the date that the newborn infant was initially
| 18 | | relinquished to a hospital, police station, fire station, or | 19 | | emergency
medical
facility.
| 20 | | (Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01; | 21 | | 93-820, eff. 7-27-04 .)
| 22 | | (325 ILCS 2/60)
| 23 | | Sec. 60. Department's duties. The Department must | 24 | | implement a
public information program to promote safe | 25 | | placement alternatives for newborn
infants. The public |
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| 1 | | information 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 | 14 | | be 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 | 25 | | regarding the relinquishment of newborn infants and placement |
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| 1 | | of
children under this Act. Police stations, fire stations, | 2 | | emergency medical
facilities, and
medical professionals | 3 | | accepting and providing services to a newborn infant
under | 4 | | this Act shall report to the Department data necessary for the | 5 | | Department
to evaluate and determine the effect of this Act in | 6 | | the prevention of injury
or death of newborn infants. Child | 7 | | welfare Child-placing agencies shall report to the
Department | 8 | | data necessary to evaluate and determine the effectiveness of | 9 | | these
agencies in providing child protective and child welfare | 10 | | services to newborn
infants relinquished under this Act.
| 11 | | (b) The information collected shall include,
but need not | 12 | | be limited to: the number of newborn infants relinquished; the | 13 | | category of the place of relinquishment (hospital, police | 14 | | station, fire station, or emergency medical facility); the
| 15 | | services provided to relinquished newborn infants; the outcome
| 16 | | of care for the relinquished newborn infants; the number and | 17 | | disposition of
cases of relinquished newborn infants subject | 18 | | to placement; the number of
children accepted and served by | 19 | | child welfare child-placing agencies; and the services
| 20 | | provided by child welfare child-placing agencies and the | 21 | | disposition of the cases of the
children placed under this | 22 | | Act.
| 23 | | (c) The Department shall submit a report by
January 1, | 24 | | 2002, and on January 1 of each
year thereafter, to the Governor | 25 | | and General Assembly regarding the prevention
of injury or | 26 | | death of newborn infants and the effect of placements of |
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| 1 | | children
under this Act. The report shall include, but need | 2 | | not be limited to, a
summary of
collected data, an analysis of | 3 | | the data and conclusions regarding the Act's
effectiveness, a | 4 | | determination whether the purposes of the Act are being
| 5 | | achieved,
and recommendations for changes that may be | 6 | | considered necessary to improve the
administration and | 7 | | enforcement of this Act.
| 8 | | (Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01; | 9 | | 93-820, eff. 7-27-04 .)
| 10 | | Section 15. The Immunization Data Registry Act is amended | 11 | | by changing Section 20 as follows: | 12 | | (410 ILCS 527/20)
| 13 | | Sec. 20. Confidentiality of information; release of | 14 | | information; statistics;
panel on expanding access.
| 15 | | (a) Records maintained as part of the immunization data
| 16 | | registry are confidential.
| 17 | | (b) The Department may release an individual's | 18 | | confidential
information to the individual or to the | 19 | | individual's parent or guardian
if the individual is less than | 20 | | 18 years of age.
| 21 | | (c) Subject to subsection (d) of this Section, the | 22 | | Department may release
information in the immunization data | 23 | | registry 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, | 17 | | the
entity must enter into an agreement with the Department | 18 | | that
provides that information that identifies a patient will | 19 | | not be released
to any other person without the written | 20 | | consent of the patient.
| 21 | | (e) The Department may release summary statistics | 22 | | regarding
information in the immunization data registry if the | 23 | | summary
statistics do not reveal the identity of an | 24 | | individual.
| 25 | | (Source: P.A. 97-117, eff. 7-14-11; 98-651, eff. 6-16-14.) |
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| 1 | | Section 20. The Illinois Parentage Act of 2015 is amended | 2 | | by changing Section 602 as follows: | 3 | | (750 ILCS 46/602) | 4 | | Sec. 602. Standing. A complaint to adjudicate parentage | 5 | | shall be verified, shall be designated a petition, and shall | 6 | | name the person or persons alleged to be the parent of the | 7 | | child. Subject to Article 3 and Sections 607, 608, and 609 of | 8 | | this Act, a proceeding to adjudicate parentage may be | 9 | | maintained 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 | 12 | | Sections 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 | 15 | | the public policy of this State to promote child welfare in | 16 | | adoption between multiple jurisdictions by implementing | 17 | | standards that foster permanency for children in an | 18 | | expeditious manner while considering the best interests of the | 19 | | child as paramount. Ensuring that standards for | 20 | | interjurisdictional adoption are clear and applied | 21 | | consistently, efficiently, and reasonably will promote the | 22 | | best interests of the child in finding a permanent home. | 23 | | (a) The Department of Children and Family Services shall | 24 | | promulgate rules regarding the approval and regulation of |
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| 1 | | agencies providing, in this State, adoption services, as | 2 | | defined in Section 2.24 of the Child Care Act of 1969, which | 3 | | shall include, but not be limited to, a requirement that any | 4 | | agency shall be licensed in this State as a child welfare | 5 | | agency as defined in Section 2.08 of the Child Care Act of | 6 | | 1969. Any out-of-state agency, if not licensed in this State | 7 | | as a child welfare agency, must obtain the approval of the | 8 | | Department in order to act as a sending agency, as defined in | 9 | | Section 1 of the Interstate Compact on Placement of Children | 10 | | Act, seeking to place a child into this State through a | 11 | | placement subject to the Interstate Compact on the Placement | 12 | | of Children. An out-of-state agency, if not licensed in this | 13 | | State as a child welfare agency, is prohibited from providing | 14 | | in this State adoption services, as defined by Section 2.24 of | 15 | | the Child Care Act of 1969; shall comply with Section 12C-70 of | 16 | | the Criminal Code of 2012; and shall provide all of the | 17 | | following 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 | 10 | | children for
adoption in this State may not, in any policy or | 11 | | practice relating to the
placement of children for adoption, | 12 | | discriminate against any child or
prospective adoptive parent | 13 | | on 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 | 4 | | the child is a habitual resident of a country other than the | 5 | | United States and the petitioner is a habitual resident of the | 6 | | United States, or, if the child is a habitual resident of the | 7 | | United States and the petitioner is a habitual resident of a | 8 | | country other than the United States, shall comply with the | 9 | | Intercountry Adoption Act of 2000, as amended, and the | 10 | | Immigration and Nationality Act, as amended. In the case of an | 11 | | intercountry adoption that requires oversight by the adoption | 12 | | services governed by the Intercountry Adoption Universal | 13 | | Accreditation Act of 2012, this State shall not impose any | 14 | | additional 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 |
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| 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 |
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| 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 |
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| 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; | 5 | | 100-863, eff. 8-14-18.)
| 6 | | (750 ILCS 50/10) (from Ch. 40, par. 1512)
| 7 | | Sec. 10. Forms of consent and surrender; execution and
| 8 | | acknowledgment thereof. | 9 | | A. The form of consent required for the
adoption of a born | 10 | | child shall be substantially as follows:
| 11 | | FINAL AND IRREVOCABLE CONSENT TO ADOPTION
| 12 | | I, ...., (relationship, e.g., mother, father, relative, | 13 | | guardian)
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 | 18 | | waive
service of summons on me.
| 19 | | That I hereby acknowledge that I have been provided with a | 20 | | copy of the Birth Parent Rights and Responsibilities-Private | 21 | | Form before signing this Consent and that I have had time to | 22 | | read, or have had read to me, this Form. I understand that if I | 23 | | do not receive any of the rights as described in this Form, it |
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| 1 | | shall not constitute a basis to revoke this Final and | 2 | | Irrevocable Consent. | 3 | | That I do hereby consent and agree to the adoption of such | 4 | | child.
| 5 | | That I wish to and understand that by signing this consent | 6 | | I do
irrevocably and permanently give up all custody and other | 7 | | parental
rights I have to such child.
| 8 | | That I understand such child will be placed for adoption | 9 | | and that I
cannot under any circumstances, after signing this | 10 | | document, change my
mind and revoke or cancel this consent or | 11 | | obtain or recover custody or
any other rights over such child. | 12 | | That I have read and understand the
above and I am signing it | 13 | | as my free and voluntary act.
| 14 | | Dated (insert date).
| 15 | | .........................
| 16 | | If under Section 8 the consent of more than one person is | 17 | | required,
then each such person shall execute a separate | 18 | | consent.
| 19 | | A-1. (1) The form of the Final and Irrevocable Consent to | 20 | | Adoption by a Specified Person or Persons: Non-DCFS Case set | 21 | | forth in this subsection A-1 is to be used by legal parents | 22 | | only. This form is not to be used in cases in which there is a | 23 | | pending petition under Section 2-13 of the Juvenile Court Act | 24 | | of 1987. | 25 | | (2) The form of the Final and Irrevocable Consent to |
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| 1 | | Adoption by a Specified Person or Persons in a non-DCFS case | 2 | | shall have the caption of the proceeding in which it is to be | 3 | | filed 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 | 7 | | male or female (circle one) child, state: | 8 | | 1. That such child was born on ...., at ....., in the | 9 | | City/Town of ... and State of .... | 10 | | 2. That I reside at ...., County of .... and State of ...., | 11 | | my email address (if I have one) is .... my cell phone number | 12 | | where I can receive text messages (if I have one) is .... and | 13 | | my land line phone number (if I have one) is ...., and any | 14 | | other contact information is .... | 15 | | 3. That I am of the age of .... years. | 16 | | 4. That I hereby enter my appearance in this proceeding | 17 | | and waive service of summons on me. | 18 | | 5. That I hereby acknowledge that I have been provided a | 19 | | copy of the Birth Parent Rights and Responsibilities-Private | 20 | | Form before signing this Consent and that I have had time to | 21 | | read, or have had read to me, this Form and that I understand | 22 | | the Rights and Responsibilities described in this Form. I | 23 | | understand that if I do not receive any of my rights as | 24 | | described in said Form, it shall not constitute a basis to |
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| 1 | | revoke this Final and Irrevocable Consent to Adoption by a | 2 | | Specified Person. | 3 | | 6. That I do hereby consent and agree to the adoption of | 4 | | such child by .... (specified person or persons) only. If only | 5 | | first names are used for the specified person or persons, I | 6 | | voluntarily sign this specified consent form without | 7 | | disclosure to me of the last name of the specified person or | 8 | | persons. However, I understand that if I wish to know the last | 9 | | name of the specified person or persons, I may request it | 10 | | before signing the form. If I do not receive the last name, I | 11 | | may choose not to sign the specified consent form. | 12 | | 7. That I wish to and understand that upon signing this | 13 | | consent I do irrevocably and permanently give up all custody | 14 | | and other parental rights I have to such child if such child is | 15 | | adopted by .... (specified person or persons). I hereby | 16 | | transfer all of my rights to the custody, care and control of | 17 | | such child to ............................. (specified person | 18 | | or persons). | 19 | | 8. That I understand such child will be adopted by | 20 | | ....................... (specified person or persons) and that | 21 | | I cannot under any circumstances, after signing this document, | 22 | | change my mind and revoke or cancel this consent or obtain or | 23 | | recover custody or any other rights over such child if | 24 | | ............................ (specified person or persons) | 25 | | adopt(s) such child; PROVIDED that each specified person has | 26 | | filed or shall file, within 60 days from the date hereof, a |
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| 1 | | petition for the adoption of such child. | 2 | | 9. That if the specified person or persons designated | 3 | | herein do not file a petition for adoption within the | 4 | | time-frame specified above, or, if said petition for adoption | 5 | | is filed within the time-frame specified above but the | 6 | | adoption petition is dismissed with prejudice or the adoption | 7 | | proceeding is otherwise concluded without an order declaring | 8 | | the child to be the adopted child of the specified person or | 9 | | persons, then I understand that I will be sent written notice | 10 | | of such circumstances at the mailing address, at the email | 11 | | address, through a text message to my cell phone number, and to | 12 | | any other contact information I have provided in paragraph 2 | 13 | | within 5 business days of this occurrence. I understand that | 14 | | the notice will be directed to me using the contact | 15 | | information I have provided in this consent. I understand that | 16 | | I will have 15 business days from the date that the written | 17 | | notice is sent to me to respond in the manner described in the | 18 | | notice, within which time I may request the Court to declare | 19 | | this consent voidable and return the child to me. I further | 20 | | understand that the Court will make the final decision of | 21 | | whether or not the child will be returned to me. If I do not | 22 | | make such request within 15 business days of the date the | 23 | | notice was sent, then I expressly waive any other notice or | 24 | | service of process in any legal proceeding regarding the | 25 | | child, including a legal proceeding for someone other than | 26 | | ..... (specified person or persons) to adopt the child, and |
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| 1 | | that I will have no parental rights as to the child. The person | 2 | | sending the notice shall file an affidavit of notice as proof | 3 | | of the date sent. | 4 | | 10. That I expressly acknowledge that nothing in this | 5 | | Consent
impairs the validity and absolute finality of this
| 6 | | Consent under any circumstance other than those described in
| 7 | | paragraph 9 of this Consent. | 8 | | 11. That I understand that I have a remaining duty and
| 9 | | obligation to keep .............. (insert name and address of | 10 | | the attorney
for the specified person or persons) informed of | 11 | | my current
address or other preferred contact information | 12 | | until this adoption has been finalized. My failure to
do so may | 13 | | result in the termination of my parental rights and
the child | 14 | | being placed for adoption in another home. | 15 | | 12. That I do expressly waive any other notice or service | 16 | | of process in any of the legal proceedings for the adoption of | 17 | | the child as long as the adoption proceeding by the specified | 18 | | person or persons is pending. | 19 | | 13. That I have read and understand the above and I am | 20 | | signing it as my free and voluntary act. | 21 | | 14. That I acknowledge that this consent is valid even if | 22 | | the specified person or persons separate or divorce or one of | 23 | | the specified persons dies prior to the entry of the final | 24 | | judgment for adoption. | 25 | | Dated (insert date). | 26 | | ............................................. |
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| 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 | 10 | | Final and Irrevocable Consent for Adoption by a Specified | 11 | | Person or Persons: Non-DCFS Case shall be substantially as | 12 | | follows: | 13 | | STATE OF ..............)
| 14 | | ) SS.
| 15 | | COUNTY OF .............) | 16 | | I, .................... (Name of Judge or other person), | 17 | | ..................... (official title, name, and address), | 18 | | certify that ............., personally known to me to be the | 19 | | same person whose name is subscribed to the foregoing Final | 20 | | and Irrevocable Consent for Adoption by a Specified Person or | 21 | | Persons; non-DCFS case, appeared before me this day in person | 22 | | and acknowledged that (she)(he) signed and delivered the | 23 | | consent as (her)(his) free and voluntary act, for the | 24 | | specified purpose. I am further satisfied that, before signing |
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| 1 | | this Consent, ........ has read, or has had read to him or her, | 2 | | the Birth Parent Rights and Responsibilities-Private Form. | 3 | | A-2. Birth Parent Rights and Responsibilities-Private | 4 | | Form. The Birth Parent Rights and Responsibilities-Private | 5 | | Form must be read by, or have been read to, any person | 6 | | executing a Final and Irrevocable Consent to Adoption under | 7 | | subsection A, a Final and Irrevocable Consent to Adoption by a | 8 | | Specified Person or Persons: Non-DCFS Case under subsection | 9 | | A-1, or a Consent to Adoption of Unborn Child under subsection | 10 | | B prior to the execution of said Consent. The form of the Birth | 11 | | Parent Rights and Responsibilities-Private Form shall be | 12 | | substantially 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 | 19 | | right: | 20 | | 1. To have your own attorney represent you. The | 21 | | prospective adoptive parents may agree to pay for the cost of | 22 | | your attorney in a manner consistent with Illinois law, but | 23 | | they are not required to do so. |
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| 1 | | 2. To be treated with dignity and respect at all times and | 2 | | to make decisions free from coercion and pressure. | 3 | | 3. To request to receive counseling before and after | 4 | | signing a Final and Irrevocable Consent to Adoption | 5 | | ("Consent"), a Final and Irrevocable Consent to Adoption by a | 6 | | Specified Person or Persons: Non-DCFS Case ("Specified | 7 | | Consent"), or a Consent to Adoption of Unborn Child ("Unborn | 8 | | Consent"). The prospective adoptive parents may agree to pay | 9 | | for the cost of counseling in a manner consistent with | 10 | | Illinois law, but they are not required to do so. | 11 | | 4. To ask to be involved in choosing your child's | 12 | | prospective adoptive parents and to ask to meet them. | 13 | | 5. To ask your child's prospective adoptive parents any | 14 | | questions that pertain to your decision to place your child | 15 | | with them. | 16 | | 6. To see your child before signing a Consent or Specified | 17 | | Consent if you are the custodial parent, and to request to see | 18 | | your child if you are not the custodial parent. | 19 | | 7. To request contact with your child and/or the child's | 20 | | prospective adoptive parents, with the understanding that any | 21 | | promises regarding contact with your child or receipt of | 22 | | information about the child after signing a Consent, Specified | 23 | | Consent, or Unborn Consent cannot be enforced under Illinois | 24 | | law. | 25 | | 8. To receive copies of all documents that you sign and | 26 | | have those documents provided to you in your preferred |
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| 1 | | language. | 2 | | 9. To request that your identifying information remain | 3 | | confidential, unless required otherwise by Illinois law or | 4 | | court order, and to voluntarily share your medical, | 5 | | background, and identifying information, including information | 6 | | on the original birth certificate of your child. This can be | 7 | | done through the Illinois Adoption Registry and Medical | 8 | | Information Exchange or through completing the Birth Parent | 9 | | Preference Form. Please visit http://dph.illinois.gov or | 10 | | www.newillinoisadoptionlaw.com. | 11 | | 10. To access the Confidential Intermediary Program which | 12 | | provides a way for a court appointed person to connect and/or | 13 | | exchange information between adoptees, adoptive parents and | 14 | | birth parents, and other biological family members, provided | 15 | | in most cases that mutual consent is given. Please visit | 16 | | www.ci-illinois.org or call (800) 526-9022(x29). | 17 | | 11. To work with an adoption agency or attorney of your | 18 | | choice, or change said agency or attorney, provided you | 19 | | promptly inform all of the parties currently involved. | 20 | | 12. To receive, upon request, a written list of any | 21 | | promised support, financial or otherwise, from your attorney | 22 | | or the attorney for your child's prospective adoptive parents. | 23 | | 13. To delay signing a Consent, Specified Consent, or | 24 | | Unborn Consent if you are not ready to do so. | 25 | | 14. To decline to sign a Consent, Specified Consent, or | 26 | | Unborn Consent even if you have received financial support |
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| 1 | | from the prospective adoptive parents. | 2 | | If you do not receive any of the rights described in this | 3 | | Form, it shall not be a basis to revoke a Consent, Specified | 4 | | Consent, or Unborn Consent. | 5 | | As a Birth Parent in the State of Illinois, you have the | 6 | | responsibility: | 7 | | 1. To carefully consider your reasons for choosing | 8 | | adoption. | 9 | | 2. (Birth mothers only) To accurately complete an | 10 | | Affidavit of Identification, which identifies the father of | 11 | | the child when known, with the understanding that a birth | 12 | | mother has a right to decline to identify the birth father. | 13 | | 3. To provide the necessary documentation regarding | 14 | | financial need to make an appropriate determination of | 15 | | reasonable pregnancy-related expenses. | 16 | | 4. To not accept financial support or reimbursement of | 17 | | pregnancy related expenses simultaneously from more than one | 18 | | source or if you are not pregnant, as doing so is a crime. | 19 | | 5. To voluntarily provide all known medical, background, | 20 | | and family information about yourself and your immediate | 21 | | family to your child's prospective adoptive parents or their | 22 | | attorney. For the health of your child, you are strongly | 23 | | encouraged, but not required, to do so as set forth on the | 24 | | following form: | 25 | | Birth Parent Medical Information | 26 | | The purpose of this form is to gather your health history, |
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| 1 | | genetic history, and social background information to share | 2 | | with the adoptive parents. It is important the adoptive family | 3 | | provide this information to the child's physician. It will | 4 | | become a part of the child's medical and family history. This | 5 | | form, in its entirety, will be given to the adoptive | 6 | | parent(s). | 7 | | The following information is true and complete to the best | 8 | | of 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 | 15 | | this form to the adoptive family. If NO is circled then the | 16 | | birth parent's name shall be redacted on this form. | 17 | | MOTHER'S PHYSICAL CHARACTERISTICS: | 18 | | Eyes: ... Hair: .... Complexion: .... Height: .... | 19 | | Weight: .... Body build: .....
Race: ..... | 20 | | Nationality/Descent: ....... Blood type: .... Rh factor: .... | 21 | | Eye glasses or contact lenses? Yes /.../ No /.../ | 22 | | Right /.../ Left /.../ handed | 23 | | Age: .... or Date of birth: ..... Religion: ................. | 24 | | Please list your highest education level, occupation, | 25 | | hobbies, interests, and talents: | 26 | | ............................ |
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| 1 | | Existence of any disabilities? Yes /.../ No /.../ | 2 | | If yes, explain: ............................................. | 3 | | If you have other children, list them below. Include any | 4 | | children previously placed for adoption. | 5 | | .................... | 6 | | Describe your relationship with the birth father: ....... | 7 | | FATHER'S PHYSICAL CHARACTERISTICS: | 8 | | Eyes: ... Hair: .... Complexion: .... Height: .... | 9 | | Weight: .... Body build: .....
Race: ..... | 10 | | Nationality/Descent: ....... Blood type: .... Rh factor: .... | 11 | | Eye glasses or contact lenses? Yes /.../ No /.../ | 12 | | Right /.../ Left /.../ handed | 13 | | Age: .... or Date of birth: ..... Religion: ................. | 14 | | Please list your highest education level, occupation, | 15 | | hobbies, interests, and talents: | 16 | | ............................ | 17 | | Existence of any disabilities? Yes /.../ No /.../ | 18 | | If yes, explain: ............................................. | 19 | | If you have other children, list them below. Include any | 20 | | children 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, | 25 | | explain: .................................................... | 26 | | ............................................................. |
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| 1 | | MEDICATION AND OTHER SUBSTANCES USED DURING | 2 | | PREGNANCY OR YEAR PRIOR TO PREGNANCY | |
3 | | | | | FREQUENCY/ | FREQUENCY/ | |
4 | | | | | AMOUNT | AMOUNT | |
5 | | | | | DURING | PRIOR TO | |
6 | | | YES | NO | PREGNANCY | PREGNANCY | |
7 | | Alcohol | /../ | /../ | ................. | ............... | |
8 | | Amphetamines | /../ | /../ | ................. | ............... | |
9 | | Barbiturates | /../ | /../ | ................. | ............... | |
10 | | Cocaine | /../ | /../ | ................. | ............... | |
11 | | Heroin | /../ | /../ | ................. | ............... | |
12 | | LSD | /../ | /../ | ................. | ............... | |
13 | | Marijuana | /../ | /../ | ................. | ............... | |
14 | | Caffeine | | | | | |
15 | | (Coffee, | | | | | |
16 | | tea, etc) | /../ | /../ | ................. | ............... | |
17 | | Prescription | | | | | |
18 | | drugs | /../ | /../ | ................. | ............... | |
19 | | Non- | | | | | |
20 | | prescription | | | | | |
21 | | drugs | /../ | /../ | ................. | ............... | |
22 | | Other | /../ | /../ | ................. | ............... |
| 23 | | In addition to this form, a birth parent shall also be | 24 | | provided the forms for the Illinois Adoption Registry and | 25 | | Medical Information Exchange. |
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| 1 | | B. The form of consent required for the adoption of an | 2 | | unborn 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 | 6 | | about ....
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 | 10 | | proceeding and
waive service of summons on me.
| 11 | | That I hereby acknowledge that I have been provided with a | 12 | | copy of the Birth Parent Rights and Responsibilities-Private | 13 | | Form before signing this Consent, and that I have had time to | 14 | | read, or have had read to me, this Form. I understand that if I | 15 | | do not receive any of the rights as described in this Form, it | 16 | | shall not constitute a basis to revoke this Consent to | 17 | | Adoption of Unborn Child. | 18 | | That I do hereby consent and agree to the adoption of such | 19 | | child, and
that I have not previously executed a consent or | 20 | | surrender with respect
to such child.
| 21 | | That I wish to and do understand that by signing this | 22 | | consent I do
irrevocably and permanently give up all custody | 23 | | and other parental
rights I have to such child, except that I | 24 | | have the right to revoke this
consent by giving written notice |
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| 1 | | of my revocation not later than 72
hours after the birth of the | 2 | | child.
| 3 | | That I understand such child will be placed for adoption | 4 | | and that,
except as hereinabove provided, I cannot under any | 5 | | circumstances, after
signing this document, change my mind and | 6 | | revoke or cancel this consent
or obtain or recover custody or | 7 | | any other rights over such child.
| 8 | | That I have read and understand the above and I am signing | 9 | | it 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 | 13 | | standby
adoption by a specified person or persons. A consent | 14 | | under this subsection B-5
shall be acknowledged by a parent | 15 | | pursuant to subsection H and subsection K of
this Section.
The | 16 | | form of consent required for the standby adoption of a born | 17 | | child
effective at a future date when the consenting
parent of | 18 | | the child dies or
requests that a final judgment of adoption be | 19 | | entered shall be substantially as
follows:
| 20 | | FINAL AND IRREVOCABLE CONSENT
| 21 | | TO STANDBY ADOPTION
| 22 | | I, ..., (relationship, e.g. mother or father)
of ...., a | 23 | | male or female (circle one) child, state:
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| 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 | 5 | | waive service of
summons on me in this action only.
| 6 | | That I do hereby consent and
agree to the standby adoption | 7 | | of the child, and that I have not previously
executed a consent | 8 | | or surrender with respect to the child.
| 9 | | That I wish to and understand that by signing this consent | 10 | | I do irrevocably
and permanently give up all custody and other | 11 | | parental rights I have to the
child, effective upon
(my death) | 12 | | (the child's other parent's death) or upon (my) (the other
| 13 | | parent's) request for the entry of a final judgment for | 14 | | adoption if .....
(specified person or persons) adopt my | 15 | | child.
| 16 | | That I understand that until (I die) (the child's other | 17 | | parent dies), I
retain all legal rights and obligations | 18 | | concerning the child, but at that time,
I irrevocably give all | 19 | | custody and other parental rights to .... (specified
person or | 20 | | persons).
| 21 | | I understand my child will be adopted by ....... | 22 | | (specified person or
persons) only and that I cannot, under | 23 | | any circumstances, after signing this
document, change my mind | 24 | | and revoke or cancel this consent or obtain or recover
custody | 25 | | or any other rights over my child if ..... (specified person or
| 26 | | persons) adopt my child.
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| 1 | | I understand that this consent to standby adoption is | 2 | | valid only if the
petition for standby adoption is filed and | 3 | | that if ....... (specified person or
persons), for any reason, | 4 | | cannot or will not file a petition for standby
adoption or if | 5 | | his, her, or their petition for standby adoption is denied, | 6 | | then
this consent is void. I have the right to notice of any | 7 | | other proceeding that
could affect my parental rights.
| 8 | | That I have read and understand the above and I am signing | 9 | | it as my free and
voluntary act.
| 10 | | Dated (insert date).
| 11 | | ....................
| 12 | | If under Section 8 the consent of more than one person is | 13 | | required, then each
such
person shall execute a separate | 14 | | consent. A separate consent shall be executed
for each
child.
| 15 | | (2) If the parent consents to a standby adoption by 2 | 16 | | specified persons,
then the form shall contain 2 additional | 17 | | paragraphs in substantially the
following form:
| 18 | | If .... (specified persons) obtain a judgment of
| 19 | | dissolution of
marriage before the judgment for adoption is | 20 | | entered, then .....
(specified person) shall adopt my child. I | 21 | | understand that I cannot change my
mind and revoke this | 22 | | consent or obtain or recover custody of my child if .....
| 23 | | (specified persons) obtain a judgment of dissolution of | 24 | | marriage and .....
(specified person) adopts my child. I | 25 | | understand that I cannot change my
mind and revoke this |
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| 1 | | consent if ...... (specified persons) obtain a
judgment of | 2 | | dissolution of marriage before the adoption is final. I
| 3 | | understand that this consent to adoption has no effect on who | 4 | | will get custody
of my child if ..... (specified persons) | 5 | | obtain a judgment of dissolution
of marriage after the | 6 | | adoption is final. I understand that if either .....
| 7 | | (specified persons) dies before the petition to adopt my child | 8 | | is granted, then
the surviving person may adopt my child. I | 9 | | understand that I cannot change my
mind and revoke this | 10 | | consent or obtain or recover custody of my child if the
| 11 | | surviving person adopts my child.
| 12 | | A consent to standby adoption by specified persons on this | 13 | | form shall have no
effect on a court's determination of | 14 | | custody or visitation under the Illinois
Marriage and | 15 | | Dissolution
of Marriage Act if the marriage of the specified | 16 | | persons is dissolved before
the adoption is final.
| 17 | | (3) The form of the certificate of acknowledgement for a | 18 | | Final and
Irrevocable Consent for Standby Adoption shall be | 19 | | substantially as follows:
| 20 | | STATE OF .....)
| 21 | | ) SS.
| 22 | | COUNTY OF ....)
| 23 | | I, ....... (name of Judge or other person) ..... (official | 24 | | title,
name, and address), certify that ......., personally |
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| 1 | | known to me to be
the same person whose name is subscribed to | 2 | | the foregoing Final and Irrevocable
Consent to Standby | 3 | | Adoption, appeared before me this day in person and
| 4 | | acknowledged that (she) (he) signed and
delivered the consent | 5 | | as (her) (his) free and voluntary act, for the specified
| 6 | | purpose.
| 7 | | I have fully explained that this consent to adoption is | 8 | | valid only if the
petition to adopt is filed, and that if the | 9 | | specified person or persons, for
any reason, cannot or will | 10 | | not adopt the child or if the adoption petition is
denied, then | 11 | | this consent will be void. I have fully explained that if the
| 12 | | specified person or persons adopt the child, by signing this | 13 | | consent (she) (he)
is irrevocably and permanently | 14 | | relinquishing all parental rights to the child,
and (she) (he) | 15 | | has 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 | 19 | | form,
the consent shall be valid only if the specified
person | 20 | | or 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 | 25 | | the consent if the
standby adoption by the specified person or |
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| 1 | | persons does not occur,
notwithstanding the provisions of | 2 | | Section 11 of this Act.
| 3 | | C. The form of surrender to any agency given by a parent of | 4 | | a born
child who is to be subsequently placed for adoption | 5 | | shall be
substantially as follows and shall contain such other | 6 | | facts 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, | 10 | | guardian) 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 | 15 | | and control
of such child to the .... (the "Agency"), a | 16 | | (public) (licensed) child
welfare agency with its principal | 17 | | office in the City of ...., County of
.... and State of ...., | 18 | | for the purpose of enabling it to care for and
supervise the | 19 | | care of such child, to place such child for adoption and
to | 20 | | consent to the legal adoption of such child.
| 21 | | That I hereby grant to the Agency full power and authority | 22 | | to place
such child with any person or persons it may in its | 23 | | sole discretion
select to become the adopting parent or | 24 | | parents and to consent to the
legal adoption of such child by |
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| 1 | | such person or persons; and to take any
and all measures which, | 2 | | in the judgment of the Agency, may be for the
best interests of | 3 | | such child, including authorizing medical, surgical
and dental | 4 | | care and treatment including inoculation and anaesthesia for
| 5 | | such child.
| 6 | | That I wish to and understand that by signing this | 7 | | surrender I do
irrevocably and permanently give up all custody | 8 | | and other parental
rights I have to such child.
| 9 | | That I understand I cannot under any circumstances, after | 10 | | signing
this surrender, change my mind and revoke or cancel | 11 | | this surrender or
obtain or recover custody or any other | 12 | | rights over such child.
| 13 | | That I have read and understand the above and I am signing | 14 | | it as my
free and voluntary act.
| 15 | | Dated (insert date).
| 16 | | ........................
| 17 | | C-5. The form of a Final and Irrevocable Designated | 18 | | Surrender for Purposes of Adoption to any agency given by a | 19 | | parent of a born child who is to be subsequently placed for | 20 | | adoption is to be used by legal parents only. The form shall be | 21 | | substantially as follows and shall contain such other facts | 22 | | and statements as the particular agency shall require: | 23 | | FINAL AND IRREVOCABLE DESIGNATED SURRENDER | 24 | | FOR PURPOSES OF ADOPTION |
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| 1 | | I, .... (relationship, e.g., mother, father, relative, | 2 | | guardian) 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 | 6 | | number where I can receive text messages (if I have one) is | 7 | | .... and my land line phone number (if I have one) is ...., and | 8 | | any 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 | 11 | | custody and control of such child to the .... (the "Agency"), a | 12 | | (public) (licensed) child welfare agency with its principal | 13 | | office in the City of ...., County of .... and State of ...., | 14 | | for the purpose of enabling it to care for and supervise the | 15 | | care of such child, to place such child for adoption with | 16 | | ............................. (specified person or persons) | 17 | | and to consent to the legal adoption of such child and to take | 18 | | any and all measures which, in the judgment of the Agency, may | 19 | | be for the best interests of such child, including authorizing | 20 | | medical, surgical and dental care and treatment including | 21 | | inoculation and anesthesia for such child. If only first names | 22 | | are used for the specified person or persons, I voluntarily | 23 | | sign this designated surrender without disclosure to me of the | 24 | | last name of the specified person or persons. However, I | 25 | | understand that if I wish to know the last name of the |
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| 1 | | specified person or persons, I may request it before signing | 2 | | the form. If I do not receive the last name, I may choose not | 3 | | to sign the designated surrender form. | 4 | | 5. That I wish to and understand that by signing this | 5 | | surrender I do irrevocably and permanently give up all custody | 6 | | and other parental rights I have to such child. | 7 | | 6. That if the petition for adoption is not filed by the
| 8 | | specified person or persons designated herein or, if the
| 9 | | petition for adoption is filed but the adoption petition is
| 10 | | dismissed with prejudice or the adoption proceeding is
| 11 | | otherwise concluded without an order declaring the child to be
| 12 | | the adopted child of each specified person, then I understand | 13 | | that the Agency will send notice to me at the mailing address, | 14 | | at the email address, through a text message to my cell phone | 15 | | number provided in paragraph 2, and to any other contact | 16 | | information I have provided in paragraph 2 within 5 business | 17 | | days of this occurrence. The person sending the notice shall | 18 | | prepare an affidavit of notice. I understand that I will have | 19 | | 15 business days from the date that the written notice was sent | 20 | | to respond, within which time I may choose to designate other | 21 | | adoptive parent(s). However, I acknowledge that
the Agency has | 22 | | full power and authority to place the child for adoption with
| 23 | | any person or persons it may in its sole discretion select to
| 24 | | become the adopting parent or parents and to consent to the
| 25 | | legal adoption of the child by such person or persons. | 26 | | 7. That I acknowledge that this surrender is valid even if |
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| 1 | | the specified persons separate or divorce or one of the | 2 | | specified persons dies prior to the entry of the final | 3 | | judgment for adoption. | 4 | | 8. That I expressly acknowledge that the above paragraphs | 5 | | 6 and 7 do not impair the validity and absolute finality of | 6 | | this surrender under any circumstance. | 7 | | 9. That I understand that I have a remaining obligation to | 8 | | keep the Agency informed of my current contact information | 9 | | until the adoption of the child has been finalized if I wish to | 10 | | be notified in the event the adoption by the specified | 11 | | person(s) cannot proceed. | 12 | | 10. That I understand I cannot under any circumstances, | 13 | | after signing this surrender, change my mind and revoke or | 14 | | cancel this surrender or obtain or recover custody or any | 15 | | other rights over such child. | 16 | | 11. That I have read and understand the above and I am | 17 | | signing 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 | 21 | | an unborn
child who is to be subsequently placed for adoption | 22 | | shall be
substantially as follows and shall contain such other | 23 | | facts and
statements as the particular agency shall require.
| 24 | | SURRENDER OF UNBORN CHILD FOR
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| 1 | | PURPOSES OF ADOPTION
| 2 | | I, .... (father), state:
| 3 | | That I am the father of a child expected to be born on or | 4 | | about ....
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 | 8 | | and control
of such child to the .... (the "Agency"), a | 9 | | (public) (licensed) child
welfare agency with its principal | 10 | | office in the City of ...., County of
.... and State of ...., | 11 | | for the purpose of enabling it to care for and
supervise the | 12 | | care of such child, to place such child for adoption and
to | 13 | | consent to the legal adoption of such child, and that I have | 14 | | not
previously executed a consent or surrender with respect to | 15 | | such child.
| 16 | | That I hereby grant to the Agency full power and authority | 17 | | to place
such child with any person or persons it may in its | 18 | | sole discretion
select to become the adopting parent or | 19 | | parents and to consent to the
legal adoption of such child by | 20 | | such person or persons; and to take any
and all measures which, | 21 | | in the judgment of the Agency, may be for the
best interests of | 22 | | such child, including authorizing medical, surgical
and dental | 23 | | care and treatment, including inoculation and anaesthesia for
| 24 | | such child.
| 25 | | That I wish to and understand that by signing this |
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| 1 | | surrender I do
irrevocably and permanently give up all custody | 2 | | and other parental
rights I have to such child.
| 3 | | That I understand I cannot under any circumstances, after | 4 | | signing
this surrender, change my mind and revoke or cancel | 5 | | this surrender or
obtain or recover custody or any other | 6 | | rights over such child, except
that I have the right to revoke | 7 | | this surrender by giving written notice
of my revocation not | 8 | | later than 72 hours after the birth of such child.
| 9 | | That I have read and understand the above and I am signing | 10 | | it as my
free and voluntary act.
| 11 | | Dated (insert date).
| 12 | | ........................
| 13 | | E. The form of consent required from the parents for the | 14 | | adoption of
an adult, when such adult elects to obtain such | 15 | | consent, 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 | 20 | | adult by
.... and .....
| 21 | | Dated (insert date).
| 22 | | .........................
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| 1 | | F. The form of consent required for the adoption of a child | 2 | | of the
age of 14 years or over, or of an adult, to be given by | 3 | | such person,
shall be substantially as follows:
| 4 | | CONSENT
| 5 | | I, ...., state:
| 6 | | That I reside at ...., County of .... and State of ..... | 7 | | That I am
of the age of .... years. That I hereby enter my | 8 | | appearance in this proceeding and waive service of summons on | 9 | | me. 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 | 13 | | by
specified persons of a child previously surrendered to it | 14 | | shall set
forth that the agency has the authority to execute | 15 | | such consent. The
form of consent given by a guardian of the | 16 | | person of a child sought to
be adopted, appointed by a court of | 17 | | competent jurisdiction, shall set
forth the facts of such | 18 | | appointment and the authority of the guardian to
execute such | 19 | | consent.
| 20 | | H. A consent (other than that given by an agency, or | 21 | | guardian of the
person of the child sought to be adopted who | 22 | | was appointed by a court of
competent jurisdiction) shall be | 23 | | acknowledged by a parent before a judge of a court of competent |
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| 1 | | jurisdiction or, except as otherwise provided in
this Act, | 2 | | before a representative of an agency, or before a person, | 3 | | other than the attorney for the prospective adoptive parent or | 4 | | parents, designated by a court of competent
jurisdiction.
| 5 | | I. A surrender, or any other document equivalent to a | 6 | | surrender, by
which a child is surrendered to an agency shall | 7 | | be acknowledged by the
person signing such surrender, or other | 8 | | document, before a judge of a court of competent jurisdiction, | 9 | | or, except as otherwise provided in this Act, before a | 10 | | representative of an agency, or before a person designated by | 11 | | a court
of competent jurisdiction.
| 12 | | J. The form of the certificate of acknowledgment for a | 13 | | consent, a
surrender, or any other document equivalent to a | 14 | | surrender, shall be
substantially as follows:
| 15 | | STATE OF ....)
| 16 | | ) SS.
| 17 | | COUNTY OF ...)
| 18 | | I, .... (Name of judge or other person), .... (official | 19 | | title, name and
location of court or status or position of | 20 | | other person),
certify that ...., personally known to me to be | 21 | | the same person whose
name is subscribed to the foregoing | 22 | | (consent) (surrender), appeared
before me this day in person | 23 | | and acknowledged that (she) (he) signed and
delivered such | 24 | | (consent) (surrender) as (her) (his) free and voluntary
act, | 25 | | for the specified purpose.
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| 1 | | I have fully explained that by signing such (consent) | 2 | | (surrender)
(she) (he) is irrevocably relinquishing all | 3 | | parental rights to such
child or adult and (she) (he) has | 4 | | stated that such is (her) (his)
intention and desire. (Add if | 5 | | Consent only) I am further satisfied that, before signing this | 6 | | Consent, ........ has read, or has had read to him or her, the | 7 | | Birth Parent Rights and Responsibilities-Private Form.
| 8 | | Dated (insert date).
| 9 | | Signature ...............
| 10 | | K. When the execution of a consent or a surrender is | 11 | | acknowledged
before someone other than a judge,
such other | 12 | | person shall have his or her signature on the certificate
| 13 | | acknowledged before a notary public, in form substantially as | 14 | | follows:
| 15 | | STATE OF ....)
| 16 | | ) SS.
| 17 | | COUNTY OF ...)
| 18 | | I, a Notary Public, in and for the County of ......, in the | 19 | | State of
......, certify that ...., personally known to me to | 20 | | be the
same person whose name is subscribed to the foregoing | 21 | | certificate of
acknowledgment, appeared before me in person | 22 | | and acknowledged that (she)
(he) signed such certificate as | 23 | | (her) (his) free and voluntary act and
that the statements | 24 | | made in the certificate are true.
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| 1 | | Dated (insert date).
| 2 | | Signature ...................... Notary Public
| 3 | | (official seal)
| 4 | | There shall be attached a certificate of magistracy, or | 5 | | other
comparable proof of office of the notary public | 6 | | satisfactory to the
court, to a consent signed and | 7 | | acknowledged in another state.
| 8 | | L. A surrender or consent executed and acknowledged | 9 | | outside of this
State, either in accordance with the law of | 10 | | this State or in accordance
with the law of the place where | 11 | | executed, is valid.
| 12 | | M. Where a consent or a surrender is signed in a foreign | 13 | | country,
the execution of such consent shall be acknowledged | 14 | | or affirmed in a
manner conformable to the law and procedure of | 15 | | such country.
| 16 | | N. If the person signing a consent or surrender is in the | 17 | | military
service of the United States, the execution of such | 18 | | consent or surrender
may be acknowledged before a commissioned | 19 | | officer and the signature of
such officer on such certificate | 20 | | shall be verified or acknowledged
before a notary public or by | 21 | | such other procedure as is then in effect
for such division or | 22 | | branch of the armed forces.
| 23 | | O. (1) The parent or parents of a child in whose interests | 24 | | a petition
under Section 2-13 of the Juvenile Court Act of 1987 | 25 | | is pending may, with the
approval of the designated |
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| 1 | | representative of the Department of Children and
Family | 2 | | Services ("Department" or "DCFS"), execute a consent to | 3 | | adoption 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 | 14 | | in the child's best interests. | 15 | | A consent under this subsection O shall be acknowledged by | 16 | | a parent pursuant to
subsection H and subsection K of this | 17 | | Section.
| 18 | | (2) The final and irrevocable consent to adoption by a | 19 | | specified person or persons in a Department of Children and | 20 | | Family 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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| 1 | | female (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 |
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| 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 |
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| 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 | 2 | | persons, then the
form shall contain 2 additional paragraphs | 3 | | in 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 | 19 | | Final and
Irrevocable Consent for Adoption by a Specified | 20 | | Person or Persons: DCFS Case shall be
substantially as | 21 | | follows:
| 22 | | STATE OF ..............)
| 23 | | ) SS.
| 24 | | COUNTY OF .............)
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| 1 | | I, .................... (Name of Judge or other person),
| 2 | | ..................... (official title, name, and address),
| 3 | | certify that ............., personally known to me to be the | 4 | | same person whose
name is subscribed to the foregoing Final | 5 | | and Irrevocable Consent for Adoption
by a Specified Person or | 6 | | Persons: DCFS Case, appeared before me this day
in person and | 7 | | acknowledged that (she)(he) signed and delivered the consent | 8 | | as
(her)(his) free and voluntary act, for the specified | 9 | | purpose.
| 10 | | I have fully explained that by signing this consent this | 11 | | parent is irrevocably
and permanently
relinquishing all | 12 | | parental rights to the child so that the child may be adopted | 13 | | by a specified person or persons, and this parent has stated | 14 | | that
such is (her)(his) intention and desire. I have fully | 15 | | explained 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 | | ...............................
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| 1 | | Signature
| 2 | | (5) If a consent to adoption by a specified person or | 3 | | persons is executed in
this form, the following provisions | 4 | | shall apply. The consent shall be valid
only for the specified | 5 | | person or persons to adopt the child. The consent shall be void
| 6 | | if:
| 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 | 16 | | shall not need to take further action to revoke the consent. No | 17 | | proceeding for termination of parental rights shall be brought | 18 | | unless the parent who executed the consent to adoption by a | 19 | | specified person or persons has been notified of the | 20 | | proceedings 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 | 23 | | authorized
to promulgate rules necessary to implement this | 24 | | subsection O.
| 25 | | (7) (Blank).
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| 1 | | (8) The Department of Children and Family Services shall | 2 | | promulgate a rule and procedures regarding Consents to | 3 | | Adoption by a Specified Person or Persons in DCFS cases. The | 4 | | rule and procedures shall provide for the development of the | 5 | | Birth Parent Rights and Responsibilities Form for DCFS
Cases. | 6 | | (9) A consent to adoption by specified persons on this
| 7 | | consent form shall have no effect on a court's determination | 8 | | of
custody or visitation under the Illinois Marriage and
| 9 | | Dissolution of Marriage Act or the Illinois Religious Freedom
| 10 | | Protection and Civil Union Act if the marriage or civil union | 11 | | of the
specified persons is dissolved after the adoption is | 12 | | final. | 13 | | P. If the person signing a consent is incarcerated or | 14 | | detained in a correctional facility, prison, jail, detention | 15 | | center, or other comparable institution, either in this State | 16 | | or any other jurisdiction, the execution of such consent may | 17 | | be acknowledged before social service personnel of such | 18 | | institution, or before a person designated by a court of | 19 | | competent jurisdiction. | 20 | | Q. A consent may be acknowledged telephonically, via | 21 | | audiovisual connection, or other electronic means, provided | 22 | | that a court of competent jurisdiction has entered an order | 23 | | approving the execution of the consent in such manner and has | 24 | | designated an individual to be physically present with the | 25 | | parent executing such consent in order to verify the identity | 26 | | of the parent. |
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| 1 | | R. An agency whose representative is acknowledging a | 2 | | consent pursuant to this Section shall be a public child | 3 | | welfare agency , or a child welfare agency , or a child placing | 4 | | agency that is authorized or licensed in the State or | 5 | | jurisdiction in which the consent is signed. | 6 | | S. The form of waiver by a putative or legal father of a | 7 | | born 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 | 11 | | follows: | 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): |
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| 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 |
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| 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 | 16 | | I have been duly sworn and I state under oath that I have read | 17 | | and understood this Final and Irrevocable
Waiver of Parental | 18 | | Rights of Putative or Legal Father. The facts contained in it | 19 | | are true and correct to the
best of my knowledge. I have signed | 20 | | this document as my free and voluntary act in order to | 21 | | facilitate the
adoption of the child. | 22 | | .............................. | 23 | | Signature |
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| 1 | | Signed and Sworn before me on | 2 | | this ............ day | 3 | | of ..........., 20.... | 4 | | ................... | 5 | | Notary Public | 6 | | (Source: P.A. 99-833, eff. 1-1-17; 100-1060, eff. 1-1-19 .)
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