Full Text of HB1699 97th General Assembly
HB1699enr 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Adoption Act is amended by changing Sections | 5 | | 5, 8, 9, 10, and 11 as follows:
| 6 | | (750 ILCS 50/5) (from Ch. 40, par. 1507)
| 7 | | Sec. 5. Petition, contents, verification, filing.
| 8 | | A. A proceeding to adopt a child, other than a related | 9 | | child, shall be
commenced by the filing of a petition within 30 | 10 | | days after such child has
become available for adoption, | 11 | | provided that such petition may be filed at
a later date by | 12 | | leave of court upon a showing that the failure to file such
| 13 | | petition within such 30 day period was not due to the | 14 | | petitioners' culpable
negligence or their wilful disregard of | 15 | | the provisions of this Section.
In the case of a child born | 16 | | outside the United States or a territory
thereof, if the | 17 | | prospective adoptive parents of such child have been
appointed | 18 | | guardians of such child by a court of competent jurisdiction in | 19 | | a
country other than the United States or a territory thereof, | 20 | | such parents
shall file a petition as provided in this Section | 21 | | within 30 days after
entry of the child into the United States. | 22 | | A petition to adopt an adult or a
related child may be filed at | 23 | | any time. A petition for adoption may include
more than one |
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| 1 | | person sought to be adopted.
| 2 | | B. A petition to adopt a child other than a related child | 3 | | shall state:
| 4 | | (a) The full names of the petitioners and, if minors, | 5 | | their respective
ages;
| 6 | | (b) The place of residence of the petitioners and the | 7 | | length of
residence of each in the State of Illinois | 8 | | immediately preceding the filing
of the petition;
| 9 | | (c) When the petitioners acquired, or intend to | 10 | | acquire, custody of the
child, and the name and address of | 11 | | the persons or agency from whom the
child was or will be | 12 | | received;
| 13 | | (d) The name, the place and date of birth if known, and | 14 | | the sex of the
child sought to be adopted;
| 15 | | (e) The relationship, if any, of the child to each | 16 | | petitioner;
| 17 | | (f) The names, if known, and the place of residence, if | 18 | | known, of the
parents; and whether such parents are minors, | 19 | | or otherwise under any legal
disability. The names and | 20 | | addresses of the parents shall be omitted and
they shall | 21 | | not be made parties defendant to the petition if (1) the | 22 | | rights
of the parents have been terminated by a court of | 23 | | competent jurisdiction,
or (2) if the child has been | 24 | | surrendered to an agency, or (3) if the parent
or parents | 25 | | have been served with the notice provided in Section 12a of | 26 | | this
Act and said parent or parents have filed a disclaimer |
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| 1 | | of paternity as
therein provided or have failed to file | 2 | | such declaration of paternity or a
request for notice as | 3 | | provided in said Section , or (4) the parent is a putative | 4 | | father or legal father of the child who has waived his | 5 | | parental rights by signing a waiver as provided in | 6 | | subsection S of Section 10 ;
| 7 | | (g) If it is alleged that the child has no living | 8 | | parent, then the name
of the guardian, if any, of such | 9 | | child and the court which appointed such
guardian;
| 10 | | (h) If it is alleged that the child has no living | 11 | | parent and that no
guardian of such child is known to | 12 | | petitioners, then the name of a near
relative, if known, | 13 | | shall be set forth, or an allegation that no near
relative | 14 | | is known and on due inquiry cannot be ascertained by | 15 | | petitioners;
| 16 | | (i) The name to be given the child or adult;
| 17 | | (j) That the person or agency, having authority to | 18 | | consent under Section
8 of this Act, has consented, or has | 19 | | indicated willingness to consent, to
the adoption of the | 20 | | child by the petitioners, or that the person having
| 21 | | authority to consent is an unfit person and the ground | 22 | | therefor, or that no
consent is required under paragraph | 23 | | (f) of Section 8 of this Act;
| 24 | | (k) Whatever orders, judgments or decrees have | 25 | | heretofore been entered
by any court affecting (1) adoption | 26 | | or custody of the child, or (2) the
adoptive, custodial or |
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| 1 | | parental rights of either petitioner, including the
prior | 2 | | denial of any petition for adoption pertaining to such | 3 | | child, or to
the petitioners, or either of them.
| 4 | | C. A petition to adopt a related child shall include the | 5 | | information
specified in sub-paragraphs (a), (b), (d), (e), | 6 | | (f), (i) and (k) of
paragraph B and a petition to adopt an | 7 | | adult shall contain the information
required by sub-paragraphs | 8 | | (a), (b) and (i) of paragraph B in addition to
the name, place, | 9 | | date of birth and sex of such adult.
| 10 | | D. The petition shall be verified by the petitioners.
| 11 | | E. Upon the filing of the petition the petitioners shall | 12 | | furnish the
Clerk of the Court in which the petition is pending | 13 | | such information not
contained in such petition as shall be | 14 | | necessary to enable the Clerk of
such Court to complete a | 15 | | certificate of adoption as hereinafter provided.
| 16 | | F. A petition for standby adoption shall conform to the | 17 | | requirements of
this Act with respect to petition contents, | 18 | | verification, and filing. The
petition for standby adoption | 19 | | shall also state the facts concerning the consent
of the | 20 | | child's parent to the standby adoption. A petition for
standby | 21 | | adoption shall include the information in paragraph B if the | 22 | | petitioner
seeks to adopt a child other than a related child. A | 23 | | petition
for standby adoption shall include the information in | 24 | | paragraph C if the
petitioner seeks to adopt a related child or | 25 | | adult.
| 26 | | (Source: P.A. 91-357, eff. 7-29-99; 91-572, eff. 1-1-00.)
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| 1 | | (750 ILCS 50/8) (from Ch. 40, par. 1510)
| 2 | | Sec. 8. Consents to adoption and surrenders for purposes of
| 3 | | adoption.
| 4 | | (a) Except as hereinafter provided in this
Section consents | 5 | | or surrenders shall be required in all cases, unless the
person | 6 | | whose
consent or surrender would otherwise be required shall be | 7 | | found by the
court:
| 8 | | (1) to be an unfit person
as defined in Section
1 of | 9 | | this Act, by clear and convincing evidence; or
| 10 | | (2) not to be the biological or adoptive father of the | 11 | | child; or
| 12 | | (3) to have waived his parental rights to the child | 13 | | under Section 12a or
12.1 or subsection S of Section 10 of
| 14 | | this Act; or
| 15 | | (4) to be the parent of an adult
sought to be adopted; | 16 | | or
| 17 | | (5) to be
the father of the child as a result of | 18 | | criminal sexual abuse or assault as
defined under Article | 19 | | 12 of the Criminal Code of 1961; or
| 20 | | (6) to be the father of a child who: | 21 | | (i) is a family member of the mother of the child, | 22 | | and the mother is under the age of 18 at the time of | 23 | | the child's conception; for purposes of this | 24 | | subsection, a "family member" is a parent, | 25 | | step-parent, grandparent, step-grandparent, sibling, |
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| 1 | | or cousin of the first degree, whether by whole blood, | 2 | | half-blood, or adoption, as well as a person age 18 or | 3 | | over at the time of the child's conception who has | 4 | | resided in the household with the mother continuously | 5 | | for at least one year; or | 6 | | (ii) is at least 5 years older than the child's | 7 | | mother, and the mother was under the age of 17 at the | 8 | | time of the child's conception, unless the mother and | 9 | | father voluntarily acknowledge the father's paternity | 10 | | of the child by marrying or by establishing the | 11 | | father's paternity by consent of the parties pursuant | 12 | | to the Illinois Parentage Act of 1984 or pursuant to a | 13 | | substantially similar statute in another state. | 14 | | A criminal conviction of any offense pursuant to | 15 | | Article 12 of the Criminal Code of 1961 is not required.
| 16 | | (b) Where consents are required in the case of an adoption
| 17 | | of a minor child, the consents of the following persons shall | 18 | | be
sufficient:
| 19 | | (1) (A) The mother of the minor child; and
| 20 | | (B) The father of the minor child, if the father:
| 21 | | (i) was married to the mother on the date of | 22 | | birth of the child or
within
300 days before the | 23 | | birth of the child, except for a husband or former
| 24 | | husband who has been found by a court of competent | 25 | | jurisdiction not to be the
biological father of the | 26 | | child; or
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| 1 | | (ii) is the father of the child under a | 2 | | judgment for adoption, an
order of parentage, or an | 3 | | acknowledgment of parentage or paternity pursuant
| 4 | | to subsection (a) of Section 5 of the Illinois | 5 | | Parentage Act of 1984; or
| 6 | | (iii) in the case of a child placed with the | 7 | | adopting parents less
than
6 months after birth, | 8 | | openly lived with the child, the child's | 9 | | biological
mother, or
both,
and
held himself out to | 10 | | be the child's biological father during the first | 11 | | 30 days
following the birth of the child; or
| 12 | | (iv) in the case of a child placed with the | 13 | | adopting parents less than
6
months after birth, | 14 | | made a good faith effort to pay a reasonable amount | 15 | | of the
expenses
related to the birth of the child | 16 | | and to provide a reasonable amount for the
| 17 | | financial support of the child before the | 18 | | expiration of 30 days following the
birth of the | 19 | | child,
provided that the court may consider in its | 20 | | determination all
relevant circumstances, | 21 | | including the financial condition of both | 22 | | biological
parents; or
| 23 | | (v) in the case of a child placed with the | 24 | | adopting parents
more
than 6 months after birth, | 25 | | has maintained substantial and continuous or
| 26 | | repeated contact with the child as manifested by:
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| 1 | | (I) the payment by the father
toward the support of | 2 | | the child of a fair and reasonable sum, according | 3 | | to the
father's means, and either (II) the father's | 4 | | visiting the child at least
monthly
when | 5 | | physically and financially able to do so and not | 6 | | prevented from doing so
by the person or authorized | 7 | | agency having lawful custody of the child, or (III)
| 8 | | the father's regular communication with the child | 9 | | or with the person or agency
having the care or | 10 | | custody of the child, when physically and | 11 | | financially unable
to visit the child or prevented | 12 | | from doing so by the person or authorized
agency | 13 | | having lawful custody of the child. The subjective | 14 | | intent of the
father,
whether expressed or | 15 | | otherwise unsupported by evidence of acts | 16 | | specified in
this sub-paragraph as manifesting | 17 | | such intent, shall not preclude a
determination | 18 | | that the father failed to maintain substantial and | 19 | | continuous or
repeated contact with the child; or
| 20 | | (vi) in the case of a child placed with the | 21 | | adopting parents more than
six
months after birth, | 22 | | openly lived with the child for a period of six | 23 | | months
within the one year period immediately | 24 | | preceding the placement of the child for
adoption | 25 | | and openly held himself out to be the father of the | 26 | | child; or
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| 1 | | (vii) has timely registered with Putative | 2 | | Father Registry, as provided
in
Section 12.1 of | 3 | | this Act,
and prior to the expiration of 30 days | 4 | | from the date
of such registration, commenced | 5 | | legal
proceedings to establish paternity under the | 6 | | Illinois Parentage Act of 1984
or under the law of | 7 | | the jurisdiction of the child's birth; or
| 8 | | (2) The legal guardian of the person of the child, if | 9 | | there
is no surviving parent; or
| 10 | | (3) An agency, if the child has been surrendered for
| 11 | | adoption to such agency; or
| 12 | | (4) Any person or agency having legal custody of a | 13 | | child by court order
if the parental rights of the parents | 14 | | have been judicially terminated, and
the court having | 15 | | jurisdiction of the guardianship of the child has | 16 | | authorized
the consent to the adoption; or
| 17 | | (5) The execution and
verification of the petition by | 18 | | any petitioner who is
also a parent of the child sought to | 19 | | be adopted shall be sufficient evidence
of such parent's | 20 | | consent to the adoption.
| 21 | | (c) Where surrenders to an agency are required in the case | 22 | | of a placement
for adoption of a minor child by an agency, the | 23 | | surrenders of the following
persons shall be sufficient:
| 24 | | (1) (A) The mother of the minor child; and
| 25 | | (B) The father of the minor child, if the father:
| 26 | | (i) was married to the mother on the date of |
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| 1 | | birth of the child or
within 300 days before the | 2 | | birth of the child, except for a husband or former
| 3 | | husband who has been found by a court of competent | 4 | | jurisdiction not to be the
biological father of the | 5 | | child; or
| 6 | | (ii) is the father of the child under a | 7 | | judgment for adoption, an
order of parentage, or an | 8 | | acknowledgment of parentage or paternity pursuant
| 9 | | to subsection (a) of Section 5 of the Illinois | 10 | | Parentage Act of 1984; or
| 11 | | (iii) in the case of a child placed with the | 12 | | adopting parents less
than
6 months after birth, | 13 | | openly lived with the child, the child's | 14 | | biological
mother, or
both,
and
held himself out to | 15 | | be the child's biological father during the first | 16 | | 30 days
following the birth of a child; or
| 17 | | (iv) in the case of a child placed with the | 18 | | adopting parents less than
6
months after birth, | 19 | | made a good faith effort to pay a reasonable amount | 20 | | of the
expenses
related to the birth of the child | 21 | | and to provide a reasonable amount for the
| 22 | | financial support of the child before
the | 23 | | expiration of 30 days following the birth of
the
| 24 | | child,
provided that the court may consider in its | 25 | | determination all relevant
circumstances, | 26 | | including the financial condition of both |
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| 1 | | biological parents;
or
| 2 | | (v) in the case of a child placed with the | 3 | | adopting parents more than
six
months after birth, | 4 | | has maintained substantial and continuous or | 5 | | repeated
contact with the child as manifested by: | 6 | | (I) the payment by the father toward
the support of | 7 | | the child of a fair and reasonable sum, according | 8 | | to the
father's means, and either (II) the father's | 9 | | visiting the child at least
monthly when | 10 | | physically and financially able to do so and not | 11 | | prevented from
doing so by the person or authorized | 12 | | agency having lawful custody of the child
or (III) | 13 | | the father's regular communication with the child | 14 | | or with the person
or agency having the care or | 15 | | custody of the child, when physically and
| 16 | | financially unable to visit the child or prevented | 17 | | from doing so by the person
or authorized agency | 18 | | having lawful custody of the child. The subjective
| 19 | | intent of the father, whether expressed or | 20 | | otherwise, unsupported by evidence
of acts | 21 | | specified in this sub-paragraph as manifesting | 22 | | such intent, shall not
preclude a determination | 23 | | that the father failed to maintain substantial and
| 24 | | continuous or repeated contact with the child; or
| 25 | | (vi) in the case of a child placed with the | 26 | | adopting parents more than
six
months after birth, |
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| 1 | | openly lived with the child for a period of six | 2 | | months
within the one year period immediately | 3 | | preceding the placement of the child for
adoption | 4 | | and openly held himself out to be the father of the | 5 | | child; or
| 6 | | (vii) has timely registered with the Putative | 7 | | Father Registry, as
provided
in Section 12.1 of | 8 | | this Act,
and prior to the expiration of 30 days | 9 | | from the date
of such
registration, commenced | 10 | | legal
proceedings to establish paternity under the | 11 | | Illinois Parentage Act of 1984, or
under the law of | 12 | | the jurisdiction of the child's birth.
| 13 | | (d) In making a determination under subparagraphs (b)(1) | 14 | | and (c)(1), no
showing shall be required of diligent efforts by | 15 | | a person or agency to
encourage the father to perform the acts | 16 | | specified therein.
| 17 | | (e) In the case of the adoption of an adult, only the | 18 | | consent of
such adult shall be required.
| 19 | | (Source: P.A. 93-510, eff. 1-1-04; 94-530, eff. 1-1-06.)
| 20 | | (750 ILCS 50/9) (from Ch. 40, par. 1511)
| 21 | | Sec. 9. Time for
signing a waiver, taking a consent , or | 22 | | surrender.
| 23 | | A. A consent or a surrender signed taken not less than 72 | 24 | | hours after the birth
of the child is irrevocable except as | 25 | | provided in Section 11 of this Act.
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| 1 | | B. No consent or surrender shall be signed taken within the | 2 | | 72 hour period
immediately following the birth of the child.
| 3 | | C. A consent or a surrender may be signed by taken from the | 4 | | father prior to the
birth of the child. Such consent or | 5 | | surrender shall be revoked if, within
72 hours after the birth | 6 | | of the child, the father who gave such consent or
surrender, | 7 | | notifies in writing the person, agency or court representative
| 8 | | who acknowledged took the surrender or consent or any | 9 | | individual representing or
connected with such person, agency | 10 | | or court representative of the
revocation of the consent or | 11 | | surrender.
| 12 | | D. Any consent or surrender signed taken in accordance with | 13 | | paragraph C above
which is not revoked within 72 hours after | 14 | | the birth of the child is
irrevocable except as provided in | 15 | | Section 11 of this Act.
| 16 | | E. Consent may be given to a standby adoption by a parent
| 17 | | whose
consent is required pursuant to Section 8 of this Act to | 18 | | become effective when
the consenting parent of the child dies | 19 | | or that parent requests that the final
judgment of
adoption be | 20 | | entered.
| 21 | | F. A waiver as provided in subsection S of Section 10 of | 22 | | this Act may be signed by a putative father or legal father of | 23 | | the child at any time prior to or after the birth of the child. | 24 | | A waiver is irrevocable except as provided in Section 11 of | 25 | | this Act. | 26 | | (Source: P.A. 93-732, eff. 1-1-05.)
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| 1 | | (750 ILCS 50/10) (from Ch. 40, par. 1512)
| 2 | | Sec. 10. Forms of consent and surrender; execution and
| 3 | | acknowledgment thereof. | 4 | | A. The form of consent required for the
adoption of a born | 5 | | child shall be substantially as follows:
| 6 | | FINAL AND IRREVOCABLE CONSENT TO ADOPTION
| 7 | | I, ...., (relationship, e.g., mother, father, relative, | 8 | | guardian)
of ...., a ..male child, state:
| 9 | | That such child was born on .... at ....
| 10 | | That I reside at ...., County of .... and State of ....
| 11 | | That I am of the age of .... years.
| 12 | | That I hereby enter my appearance in this proceeding and | 13 | | waive
service of summons on me.
| 14 | | That I hereby acknowledge that I have been provided with a | 15 | | copy of the Birth Parent Rights and Responsibilities-Private | 16 | | Form before signing this Consent and that I have had time to | 17 | | read, or have had read to me, this Form. I understand that if I | 18 | | do not receive any of the rights as described in this Form, it | 19 | | shall not constitute a basis to revoke this Final and | 20 | | Irrevocable Consent. | 21 | | That I do hereby consent and agree to the adoption of such | 22 | | child.
| 23 | | That I wish to and understand that by signing this consent | 24 | | I do
irrevocably and permanently give up all custody and other | 25 | | parental
rights I have to such child.
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| 1 | | That I understand such child will be placed for adoption | 2 | | and that I
cannot under any circumstances, after signing this | 3 | | document, change my
mind and revoke or cancel this consent or | 4 | | obtain or recover custody or
any other rights over such child. | 5 | | That I have read and understand the
above and I am signing it | 6 | | as my free and voluntary act.
| 7 | | Dated (insert date).
| 8 | | .........................
| 9 | | If under Section 8 the consent of more than one person is | 10 | | required,
then each such person shall execute a separate | 11 | | consent.
| 12 | | A-1. (1) The form of the Final and Irrevocable Consent to | 13 | | Adoption by a Specified Person or Persons: Non-DCFS Case set | 14 | | forth in this subsection A-1 is to be used by legal parents | 15 | | only. This form is not to be used in cases in which there is a | 16 | | pending petition under Section 2-13 of the Juvenile Court Act | 17 | | of 1987. | 18 | | (2) The form of the Final and Irrevocable Consent to | 19 | | Adoption by a Specified Person or Persons in a non-DCFS case | 20 | | shall have the caption of the proceeding in which it is to be | 21 | | filed and shall be substantially as follows: | 22 | | FINAL AND IRREVOCABLE CONSENT TO ADOPTION BY | 23 | | A SPECIFIED PERSON OR PERSONS; NON-DCFS CASE | 24 | | I, ...., (relationship, e.g., mother, father) of ...., a | 25 | | ..male child, state: |
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| 1 | | 1. That such child was born on ...., at ....., City of ... | 2 | | and State of .... | 3 | | 2. That I reside at ...., County of .... and State of .... | 4 | | 3. That I am of the age of .... years. | 5 | | 4. That I hereby enter my appearance in this proceeding and | 6 | | waive service of summons on me. | 7 | | 5. That I hereby acknowledge that I have been provided a | 8 | | copy of the Birth Parent Rights and Responsibilities-Private | 9 | | Form before signing this Consent and that I have had time to | 10 | | read, or have had read to me, this Form and that I understand | 11 | | the Rights and Responsibilities described in this Form. I | 12 | | understand that if I do not receive any of my rights as | 13 | | described in said Form, it shall not constitute a basis to | 14 | | revoke this Final and Irrevocable Consent to Adoption by a | 15 | | Specified Person. | 16 | | 6. That I do hereby consent and agree to the adoption of | 17 | | such child by .... (specified persons) only. | 18 | | 7. That I wish to and understand that upon signing this | 19 | | consent I do irrevocably and permanently give up all custody | 20 | | and other parental rights I have to such child if such child is | 21 | | adopted by .... (specified person or persons). I hereby | 22 | | transfer all of my rights to the custody, care and control of | 23 | | such child to ............................. (specified person | 24 | | or persons). | 25 | | 8. That I understand such child will be adopted by | 26 | | ....................... (specified person or persons) and that |
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| 1 | | I cannot under any circumstances, after signing this document, | 2 | | change my mind and revoke or cancel this consent or obtain or | 3 | | recover custody or any other rights over such child if | 4 | | ............................ (specified person or persons) | 5 | | adopt(s) such child; PROVIDED that each specified person has | 6 | | filed or shall file, within 60 days from the date hereof, a | 7 | | petition for the adoption of such child. | 8 | | 9. That if the specified person or persons designated | 9 | | herein do not file a petition for adoption within the | 10 | | time-frame specified above, or, if said petition for adoption | 11 | | is filed within the time-frame specified above but the adoption | 12 | | petition is dismissed with prejudice or the adoption proceeding | 13 | | is otherwise concluded without an order declaring the child to | 14 | | be the adopted child of the specified person or persons, then I | 15 | | understand that I will receive written notice of such | 16 | | circumstances within 10 business days of their occurrence. I | 17 | | understand that the notice will be directed to me using the | 18 | | contact information I have provided in this consent. I | 19 | | understand that I will have 10 business days from the date that | 20 | | the written notice is sent to me to respond, within which time | 21 | | I may request the Court to declare this consent voidable and | 22 | | return the child to me. I further understand that the Court | 23 | | will make the final decision of whether or not the child will | 24 | | be returned to me. If I do not make such request within 10 | 25 | | business days of the date of the notice, then I expressly waive | 26 | | any other notice or service of process in any legal proceeding |
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| 1 | | for the adoption of the child. | 2 | | 10. That I expressly acknowledge that nothing in this | 3 | | Consent
impairs the validity and absolute finality of this
| 4 | | Consent under any circumstance other than those described in
| 5 | | paragraph 9 of this Consent. | 6 | | 11. That I understand that I have a remaining duty and
| 7 | | obligation to keep .............. (insert name and address of | 8 | | the attorney
for the specified person or persons) informed of | 9 | | my current
address or other preferred contact information until | 10 | | this adoption has been finalized. My failure to
do so may | 11 | | result in the termination of my parental rights and
the child | 12 | | being placed for adoption in another home. | 13 | | 12. That I do expressly waive any other notice or service | 14 | | of process in any of the legal proceedings for the adoption of | 15 | | the child as long as the adoption proceeding by the specified | 16 | | person or persons is pending. | 17 | | 13. That I have read and understand the above and I am | 18 | | signing it as my free and voluntary act. | 19 | | 14. That I acknowledge that this consent is valid even if | 20 | | the specified person or persons separate or divorce or one of | 21 | | the specified persons dies prior to the entry of the final | 22 | | judgment for adoption. | 23 | | Dated (insert date). | 24 | | ............................................. | 25 | | Signature of parent. | 26 | | ............................................. |
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| 1 | | Address of parent. | 2 | | ............................................. | 3 | | Phone number(s) of parent. | 4 | | ............................................. | 5 | | Personal email(s) of parent. | 6 | | ............................................. | 7 | | (3) The form of the certificate of acknowledgement for a | 8 | | Final and Irrevocable Consent for Adoption by a Specified | 9 | | Person or Persons: Non-DCFS Case shall be substantially as | 10 | | follows: | 11 | | STATE OF ..............)
| 12 | | ) SS.
| 13 | | COUNTY OF .............) | 14 | | I, .................... (Name of Judge or other person), | 15 | | ..................... (official title, name, and address), | 16 | | certify that ............., personally known to me to be the | 17 | | same person whose name is subscribed to the foregoing Final and | 18 | | Irrevocable Consent for Adoption by a Specified Person or | 19 | | Persons; non-DCFS case, appeared before me this day in person | 20 | | and acknowledged that (she)(he) signed and delivered the | 21 | | consent as (her)(his) free and voluntary act, for the specified | 22 | | purpose. I am further satisfied that, before signing this | 23 | | Consent, ........ has read, or has had read to him or her, the | 24 | | Birth Parent Rights and Responsibilities-Private Form. | 25 | | A-2. Birth Parent Rights and Responsibilities-Private |
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| 1 | | Form. The Birth Parent Rights and Responsibilities-Private | 2 | | Form must be read by, or have been read to, any person | 3 | | executing a Final and Irrevocable Consent to Adoption under | 4 | | subsection A, a Final and Irrevocable Consent to Adoption by a | 5 | | Specified Person or Persons: Non-DCFS Case under subsection | 6 | | A-1, or a Consent to Adoption of Unborn Child under subsection | 7 | | B prior to the execution of said Consent. The form of the Birth | 8 | | Parent Rights and Responsibilities-Private Form shall be | 9 | | substantially as follows: | 10 | | Birth Parent Rights and Responsibilities-Private Form | 11 | | As a birth parent in the State of Illinois, you have the | 12 | | right: | 13 | | 1. To have your own attorney represent you. The prospective | 14 | | adoptive parents may agree to pay for the cost of your attorney | 15 | | in a manner consistent with Illinois law, but they are not | 16 | | required to do so. | 17 | | 2. To be treated with dignity and respect at all times and | 18 | | to make decisions free from coercion and pressure. | 19 | | 3. To receive counseling before and after signing a Final | 20 | | and Irrevocable Consent to Adoption ("Consent"), a Final and | 21 | | Irrevocable Consent to Adoption by a Specified Person or | 22 | | Persons: Non-DCFS Case ("Specified Consent"), or a Consent to | 23 | | Adoption of Unborn Child ("Unborn Consent"). The prospective | 24 | | adoptive parents may agree to pay for the cost of counseling in | 25 | | a manner consistent with Illinois law, but they are not | 26 | | required to do so. |
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| 1 | | 4. To ask to be involved in choosing your child's | 2 | | prospective adoptive parents and to ask to meet them. | 3 | | 5. To ask your child's prospective adoptive parents any | 4 | | questions that pertain to your decision to place your child | 5 | | with them. | 6 | | 6. To see your child before signing a Consent or Specified | 7 | | Consent. | 8 | | 7. To request contact with your child and/or the child's | 9 | | prospective adoptive parents, with the understanding that any | 10 | | promises regarding contact with your child or receipt of | 11 | | information about the child after signing a Consent, Specified | 12 | | Consent, or Unborn Consent cannot be enforced under Illinois | 13 | | law. | 14 | | 8. To receive copies of all documents that you sign and | 15 | | have those documents provided to you in your preferred | 16 | | language. | 17 | | 9. To request that your identifying information remain | 18 | | confidential, unless required otherwise by Illinois law or | 19 | | court order, and to register with the Illinois Adoption | 20 | | Registry and Medical Information Exchange. | 21 | | 10. To work with an adoption agency or attorney of your | 22 | | choice, or change said agency or attorney, provided you | 23 | | promptly inform all of the parties currently involved. | 24 | | 11. To receive, upon request, a written list of any | 25 | | promised support, financial or otherwise, from your attorney or | 26 | | the attorney for your child's prospective adoptive parents. |
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| 1 | | 12. To delay signing a Consent, Specified Consent, or | 2 | | Unborn Consent if you are not ready to do so. | 3 | | 13. To decline to sign a Consent, Specified Consent, or | 4 | | Unborn Consent even if you have received financial support from | 5 | | the prospective adoptive parents. | 6 | | If you do not receive any of the rights described in this | 7 | | Form, it shall not be a basis to revoke a Consent, Specified | 8 | | Consent, or Unborn Consent. | 9 | | As a Birth Parent in the State of Illinois, you have the | 10 | | responsibility: | 11 | | 1. To carefully consider your reasons for choosing | 12 | | adoption. | 13 | | 2. To voluntarily provide all known medical, background, | 14 | | and family information about yourself and your immediate family | 15 | | to your child's prospective adoptive parents or their attorney. | 16 | | For the health of your child, you are strongly encouraged, but | 17 | | not required, to provide all known medical, background, and | 18 | | family history information about yourself and your family to | 19 | | your child's prospective adoptive parents or their attorney. | 20 | | 3. (Birth mothers only) To accurately complete an Affidavit | 21 | | of Identification, which identifies the father of the child | 22 | | when known, with the understanding that a birth mother has a | 23 | | right to decline to identify the birth father. | 24 | | 4. To not accept financial support or reimbursement of | 25 | | pregnancy related expenses simultaneously from more than one | 26 | | source. |
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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 Adoption | 17 | | 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 | 25 | | of my revocation not later than 72
hours after the birth of the | 26 | | child.
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| 1 | | That I understand such child will be placed for adoption | 2 | | and that,
except as hereinabove provided, I cannot under any | 3 | | circumstances, after
signing this document, change my mind and | 4 | | revoke or cancel this consent
or obtain or recover custody or | 5 | | any other rights over such child.
| 6 | | That I have read and understand the above and I am signing | 7 | | it as my
free and voluntary act.
| 8 | | Dated (insert date).
| 9 | | ........................
| 10 | | B-5. (1) The parent of a child may execute a consent to | 11 | | standby
adoption by a specified person or persons. A consent | 12 | | under this subsection B-5
shall be acknowledged by a parent | 13 | | pursuant to subsection H and subsection K of
this Section.
The | 14 | | form of consent required for the standby adoption of a born | 15 | | child
effective at a future date when the consenting
parent of | 16 | | the child dies or
requests that a final judgment of adoption be | 17 | | entered shall be substantially as
follows:
| 18 | | FINAL AND IRREVOCABLE CONSENT
| 19 | | TO STANDBY ADOPTION
| 20 | | I, ..., (relationship, e.g. mother or father)
of ...., a | 21 | | ..male child, state:
| 22 | | That the child was born on .... at .....
| 23 | | That I reside at ...., County of ...., and State of .....
| 24 | | That I am of the age of .... years.
| 25 | | That I hereby enter my appearance in this proceeding and | 26 | | waive service of
summons on me in this action only.
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| 1 | | That I do hereby consent and
agree to the standby adoption | 2 | | of the child, and that I have not previously
executed a consent | 3 | | or surrender with respect to the child.
| 4 | | That I wish to and understand that by signing this consent | 5 | | I do irrevocably
and permanently give up all custody and other | 6 | | parental rights I have to the
child, effective upon
(my death) | 7 | | (the child's other parent's death) or upon (my) (the other
| 8 | | parent's) request for the entry of a final judgment for | 9 | | adoption if .....
(specified person or persons) adopt my child.
| 10 | | That I understand that until (I die) (the child's other | 11 | | parent dies), I
retain all legal rights and obligations | 12 | | concerning the child, but at that time,
I irrevocably give all | 13 | | custody and other parental rights to .... (specified
person or | 14 | | persons).
| 15 | | I understand my child will be adopted by ....... (specified | 16 | | person or
persons) only and that I cannot, under any | 17 | | circumstances, after signing this
document, change my mind and | 18 | | revoke or cancel this consent or obtain or recover
custody or | 19 | | any other rights over my child if ..... (specified person or
| 20 | | persons) adopt my child.
| 21 | | I understand that this consent to standby adoption is valid | 22 | | only if the
petition for standby adoption is filed and that if | 23 | | ....... (specified person or
persons), for any reason, cannot | 24 | | or will not file a petition for standby
adoption or if his, | 25 | | her, or their petition for standby adoption is denied, then
| 26 | | this consent is void. I have the right to notice of any other |
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| 1 | | proceeding that
could affect my parental rights.
| 2 | | That I have read and understand the above and I am signing | 3 | | it as my free and
voluntary act.
| 4 | | Dated (insert date).
| 5 | | ....................
| 6 | | If under Section 8 the consent of more than one person is | 7 | | required, then each
such
person shall execute a separate | 8 | | consent. A separate consent shall be executed
for each
child.
| 9 | | (2) If the parent consents to a standby adoption by 2 | 10 | | specified persons,
then the form shall contain 2 additional | 11 | | paragraphs in substantially the
following form:
| 12 | | If .... (specified persons) obtain a judgment of
| 13 | | dissolution of
marriage before the judgment for adoption is | 14 | | entered, then .....
(specified person) shall adopt my child. I | 15 | | understand that I cannot change my
mind and revoke this consent | 16 | | or obtain or recover custody of my child if .....
(specified | 17 | | persons) obtain a judgment of dissolution of marriage and .....
| 18 | | (specified person) adopts my child. I understand that I cannot | 19 | | change my
mind and revoke this consent if ...... (specified | 20 | | persons) obtain a
judgment of dissolution of marriage before | 21 | | the adoption is final. I
understand that this consent to | 22 | | adoption has no effect on who will get custody
of my child if | 23 | | ..... (specified persons) obtain a judgment of dissolution
of | 24 | | marriage after the adoption is final. I understand that if | 25 | | either .....
(specified persons) dies before the petition to |
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| 1 | | adopt my child is granted, then
the surviving person may adopt | 2 | | my child. I understand that I cannot change my
mind and revoke | 3 | | this consent or obtain or recover custody of my child if the
| 4 | | surviving person adopts my child.
| 5 | | A consent to standby adoption by specified persons on this | 6 | | form shall have no
effect on a court's determination of custody | 7 | | or visitation under the Illinois
Marriage and Dissolution
of | 8 | | Marriage Act if the marriage of the specified persons is | 9 | | dissolved before
the adoption is final.
| 10 | | (3) The form of the certificate of acknowledgement for a | 11 | | Final and
Irrevocable Consent for Standby Adoption shall be | 12 | | substantially as follows:
| 13 | | STATE OF .....)
| 14 | | ) SS.
| 15 | | COUNTY OF ....)
| 16 | | I, ....... (name of Judge or other person) ..... (official | 17 | | title,
name, and address), certify that ......., personally | 18 | | known to me to be
the same person whose name is subscribed to | 19 | | the foregoing Final and Irrevocable
Consent to Standby | 20 | | Adoption, appeared before me this day in person and
| 21 | | acknowledged that (she) (he) signed and
delivered the consent | 22 | | as (her) (his) free and voluntary act, for the specified
| 23 | | purpose.
| 24 | | I have fully explained that this consent to adoption is |
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| 1 | | valid only if the
petition to adopt is filed, and that if the | 2 | | specified person or persons, for
any reason, cannot or will not | 3 | | adopt the child or if the adoption petition is
denied, then | 4 | | this consent will be void. I have fully explained that if the
| 5 | | specified person or persons adopt the child, by signing this | 6 | | consent (she) (he)
is irrevocably and permanently | 7 | | relinquishing all parental rights to the child,
and (she) (he) | 8 | | has stated that such is (her) (his) intention and desire.
| 9 | | Dated (insert date).
| 10 | | Signature ..............................
| 11 | | (4) If a consent to standby adoption is executed in this | 12 | | form,
the consent shall be valid only if the specified
person | 13 | | or persons adopt the child. The consent shall be void if:
| 14 | | (a) the specified person or persons do not file a petition | 15 | | for standby
adoption of the child; or
| 16 | | (b) a court denies the standby adoption petition.
| 17 | | The parent shall not need to take further action to revoke | 18 | | the consent if the
standby adoption by the specified person or | 19 | | persons does not occur,
notwithstanding the provisions of | 20 | | Section 11 of this Act.
| 21 | | C. The form of surrender to any agency given by a parent of | 22 | | a born
child who is to be subsequently placed for adoption | 23 | | shall be
substantially as follows and shall contain such other | 24 | | facts and
statements as the particular agency shall require.
| 25 | | FINAL AND IRREVOCABLE SURRENDER
| 26 | | FOR PURPOSES OF ADOPTION
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| 1 | | I, .... (relationship, e.g., mother, father, relative, | 2 | | guardian) of
...., a ..male child, state:
| 3 | | That such child was born on ...., at .....
| 4 | | That I reside at ...., County of ...., and State of .....
| 5 | | That I am of the age of .... years.
| 6 | | That I do hereby surrender and entrust the entire custody | 7 | | and control
of such child to the .... (the "Agency"), a | 8 | | (public) (licensed) child
welfare agency with its principal | 9 | | office in the City of ...., County of
.... and State of ...., | 10 | | for the purpose of enabling it to care for and
supervise the | 11 | | care of such child, to place such child for adoption and
to | 12 | | consent to the legal adoption of such child.
| 13 | | That I hereby grant to the Agency full power and authority | 14 | | to place
such child with any person or persons it may in its | 15 | | sole discretion
select to become the adopting parent or parents | 16 | | and to consent to the
legal adoption of such child by such | 17 | | person or persons; and to take any
and all measures which, in | 18 | | the judgment of the Agency, may be for the
best interests of | 19 | | such child, including authorizing medical, surgical
and dental | 20 | | care and treatment including inoculation and anaesthesia for
| 21 | | such child.
| 22 | | That I wish to and understand that by signing this | 23 | | surrender I do
irrevocably and permanently give up all custody | 24 | | and other parental
rights I have to such child.
| 25 | | That I understand I cannot under any circumstances, after | 26 | | signing
this surrender, change my mind and revoke or cancel |
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| 1 | | this surrender or
obtain or recover custody or any other rights | 2 | | over such child.
| 3 | | That I have read and understand the above and I am signing | 4 | | it as my
free and voluntary act.
| 5 | | Dated (insert date).
| 6 | | ........................
| 7 | | C-5. The form of a Final and Irrevocable Designated | 8 | | Surrender for Purposes of Adoption to any agency given by a | 9 | | parent of a born child who is to be subsequently placed for | 10 | | adoption is to be used by legal parents only. The form shall be | 11 | | substantially as follows and shall contain such other facts and | 12 | | statements as the particular agency shall require: | 13 | | FINAL AND IRREVOCABLE DESIGNATED SURRENDER | 14 | | FOR PURPOSES OF ADOPTION | 15 | | I, .... (relationship, e.g., mother, father, relative, | 16 | | guardian) of ...., a ..male child, state: | 17 | | 1. That such child was born on ...., at ..... | 18 | | 2. That I reside at ...., County of ...., and State of | 19 | | ..... | 20 | | 3. That I am of the age of .... years. | 21 | | 4. That I do hereby surrender and entrust the entire | 22 | | custody and control of such child to the .... (the "Agency"), a | 23 | | (public) (licensed) child welfare agency with its principal | 24 | | office in the City of ...., County of .... and State of ...., | 25 | | for the purpose of enabling it to care for and supervise the | 26 | | care of such child, to place such child for adoption with |
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| 1 | | ............................. (specified person or persons) | 2 | | and to consent to the legal adoption of such child and to take | 3 | | any and all measures which, in the judgment of the Agency, may | 4 | | be for the best interests of such child, including authorizing | 5 | | medical, surgical and dental care and treatment including | 6 | | inoculation and anesthesia for such child. | 7 | | 5. That I wish to and understand that by signing this | 8 | | surrender I do irrevocably and permanently give up all custody | 9 | | and other parental rights I have to such child. | 10 | | 6. That if the petition for adoption is not filed by the
| 11 | | specified person or persons designated herein or, if the
| 12 | | petition for adoption is filed but the adoption petition is
| 13 | | dismissed with prejudice or the adoption proceeding is
| 14 | | otherwise concluded without an order declaring the child to be
| 15 | | the adopted child of each specified person, then I understand | 16 | | that the Agency will provide notice to me within 10 business | 17 | | days and that such notice will be directed to me using the | 18 | | contact information I have provided to the Agency. I understand | 19 | | that I will have 10 business days from the date that the Agency | 20 | | sends me its notice to respond, within which time I may choose | 21 | | to designate other adoptive parent(s). However, I acknowledge | 22 | | that
the Agency has full power and authority to place the child | 23 | | for adoption with
any person or persons it may in its sole | 24 | | discretion select to
become the adopting parent or parents and | 25 | | to consent to the
legal adoption of the child by such person or | 26 | | persons. |
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| 1 | | 7. That I acknowledge that this surrender is valid even if | 2 | | the specified persons separate or divorce or one of the | 3 | | specified persons dies prior to the entry of the final judgment | 4 | | for adoption. | 5 | | 8. That I expressly acknowledge that the above paragraphs 6 | 6 | | and 7 do not impair the validity and absolute finality of this | 7 | | surrender under any circumstance. | 8 | | 9. That I understand that I have a remaining obligation to | 9 | | keep the Agency informed of my current contact information | 10 | | until the adoption of the child has been finalized if I wish to | 11 | | be notified in the event the adoption by the specified | 12 | | person(s) cannot proceed. | 13 | | 10. That I understand I cannot under any circumstances, | 14 | | after signing this surrender, change my mind and revoke or | 15 | | cancel this surrender or obtain or recover custody or any other | 16 | | rights over such child. | 17 | | 11. That I have read and understand the above and I am | 18 | | signing it as my free and voluntary act. | 19 | | Dated (insert date). | 20 | | .............................. | 21 | | D. The form of surrender to an agency given by a parent of | 22 | | an unborn
child who is to be subsequently placed for adoption | 23 | | shall be
substantially as follows and shall contain such other | 24 | | facts and
statements as the particular agency shall require.
| 25 | | SURRENDER OF UNBORN CHILD FOR
| 26 | | PURPOSES OF ADOPTION
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| 1 | | I, .... (father), state:
| 2 | | That I am the father of a child expected to be born on or | 3 | | about ....
to .... (name of mother).
| 4 | | That I reside at ...., County of ...., and State of .....
| 5 | | That I am of the age of .... years.
| 6 | | That I do hereby surrender and entrust the entire custody | 7 | | and control
of such child to the .... (the "Agency"), a | 8 | | (public) (licensed) child
welfare agency with its principal | 9 | | office in the City of ...., County of
.... and State of ...., | 10 | | for the purpose of enabling it to care for and
supervise the | 11 | | care of such child, to place such child for adoption and
to | 12 | | consent to the legal adoption of such child, and that I have | 13 | | not
previously executed a consent or surrender with respect to | 14 | | such child.
| 15 | | That I hereby grant to the Agency full power and authority | 16 | | to place
such child with any person or persons it may in its | 17 | | sole discretion
select to become the adopting parent or parents | 18 | | and to consent to the
legal adoption of such child by such | 19 | | person or persons; and to take any
and all measures which, in | 20 | | the judgment of the Agency, may be for the
best interests of | 21 | | such child, including authorizing medical, surgical
and dental | 22 | | care and treatment, including inoculation and anaesthesia for
| 23 | | such child.
| 24 | | That I wish to and understand that by signing this | 25 | | surrender I do
irrevocably and permanently give up all custody | 26 | | and other parental
rights I have to such child.
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| 1 | | That I understand I cannot under any circumstances, after | 2 | | signing
this surrender, change my mind and revoke or cancel | 3 | | this surrender or
obtain or recover custody or any other rights | 4 | | over such child, except
that I have the right to revoke this | 5 | | surrender by giving written notice
of my revocation not later | 6 | | than 72 hours after the birth of such child.
| 7 | | That I have read and understand the above and I am signing | 8 | | it as my
free and voluntary act.
| 9 | | Dated (insert date).
| 10 | | ........................
| 11 | | E. The form of consent required from the parents for the | 12 | | adoption of
an adult, when such adult elects to obtain such | 13 | | consent, shall be
substantially as follows:
| 14 | | CONSENT
| 15 | | I, ...., (father) (mother) of ...., an adult, state:
| 16 | | That I reside at ...., County of .... and State of .....
| 17 | | That I do hereby consent and agree to the adoption of such | 18 | | adult by
.... and .....
| 19 | | Dated (insert date).
| 20 | | .........................
| 21 | | F. The form of consent required for the adoption of a child | 22 | | of the
age of 14 years or upwards, or of an adult, to be given | 23 | | by such person,
shall be substantially as follows:
| 24 | | CONSENT
| 25 | | I, ...., state:
| 26 | | That I reside at ...., County of .... and State of ..... |
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| 1 | | That I am
of the age of .... years. That I consent and agree to | 2 | | my adoption by
.... and .....
| 3 | | Dated (insert date).
| 4 | | ........................
| 5 | | G. The form of consent given by an agency to the adoption | 6 | | by
specified persons of a child previously surrendered to it | 7 | | shall set
forth that the agency has the authority to execute | 8 | | such consent. The
form of consent given by a guardian of the | 9 | | person of a child sought to
be adopted, appointed by a court of | 10 | | competent jurisdiction, shall set
forth the facts of such | 11 | | appointment and the authority of the guardian to
execute such | 12 | | consent.
| 13 | | H. A consent (other than that given by an agency, or | 14 | | guardian of the
person of the child sought to be adopted who | 15 | | was appointed by a court of
competent jurisdiction) shall be | 16 | | acknowledged by a parent before a judge of a court of competent | 17 | | jurisdiction or, except as otherwise provided in
this Act, | 18 | | before a representative of an agency, or before a person, other | 19 | | than the attorney for the prospective adoptive parent or | 20 | | parents, designated by a court of competent
jurisdiction.
| 21 | | I. A surrender, or any other document equivalent to a | 22 | | surrender, by
which a child is surrendered to an agency shall | 23 | | be acknowledged by the
person signing such surrender, or other | 24 | | document, before a judge of a court of competent jurisdiction, | 25 | | or, except as otherwise provided in this Act, before a | 26 | | representative of an agency, or before a person designated by a |
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| 1 | | court
of competent jurisdiction.
| 2 | | J. The form of the certificate of acknowledgment for a | 3 | | consent, a
surrender, or any other document equivalent to a | 4 | | surrender, shall be
substantially as follows:
| 5 | | STATE OF ....)
| 6 | | ) SS.
| 7 | | COUNTY OF ...)
| 8 | | I, .... (Name of judge or other person), .... (official | 9 | | title, name and
location of court or status or position of | 10 | | other person),
certify that ...., personally known to me to be | 11 | | the same person whose
name is subscribed to the foregoing | 12 | | (consent) (surrender), appeared
before me this day in person | 13 | | and acknowledged that (she) (he) signed and
delivered such | 14 | | (consent) (surrender) as (her) (his) free and voluntary
act, | 15 | | for the specified purpose.
| 16 | | I have fully explained that by signing such (consent) | 17 | | (surrender)
(she) (he) is irrevocably relinquishing all | 18 | | parental rights to such
child or adult and (she) (he) has | 19 | | stated that such is (her) (his)
intention and desire. (Add if | 20 | | Consent only) I am further satisfied that, before signing this | 21 | | Consent, ........ has read, or has had read to him or her, the | 22 | | Birth Parent Rights and Responsibilities-Private Form.
| 23 | | Dated (insert date).
| 24 | | Signature ...............
| 25 | | K. When the execution of a consent or a surrender is | 26 | | acknowledged
before someone other than a judge,
such other |
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| 1 | | person shall have his or her signature on the certificate
| 2 | | acknowledged before a notary public, in form substantially as | 3 | | follows:
| 4 | | STATE OF ....)
| 5 | | ) SS.
| 6 | | COUNTY OF ...)
| 7 | | I, a Notary Public, in and for the County of ......, in the | 8 | | State of
......, certify that ...., personally known to me to | 9 | | be the
same person whose name is subscribed to the foregoing | 10 | | certificate of
acknowledgment, appeared before me in person and | 11 | | acknowledged that (she)
(he) signed such certificate as (her) | 12 | | (his) free and voluntary act and
that the statements made in | 13 | | the certificate are true.
| 14 | | Dated (insert date).
| 15 | | Signature ...................... Notary Public
| 16 | | (official seal)
| 17 | | There shall be attached a certificate of magistracy, or | 18 | | other
comparable proof of office of the notary public | 19 | | satisfactory to the
court, to a consent signed and acknowledged | 20 | | in another state.
| 21 | | L. A surrender or consent executed and acknowledged outside | 22 | | of this
State, either in accordance with the law of this State | 23 | | or in accordance
with the law of the place where executed, is | 24 | | valid.
| 25 | | M. Where a consent or a surrender is signed in a foreign |
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| 1 | | country,
the execution of such consent shall be acknowledged or | 2 | | affirmed in a
manner conformable to the law and procedure of | 3 | | such country.
| 4 | | N. If the person signing a consent or surrender is in the | 5 | | military
service of the United States, the execution of such | 6 | | consent or surrender
may be acknowledged before a commissioned | 7 | | officer and the signature of
such officer on such certificate | 8 | | shall be verified or acknowledged
before a notary public or by | 9 | | such other procedure as is then in effect
for such division or | 10 | | branch of the armed forces.
| 11 | | O. (1) The parent or parents of a child in whose interests | 12 | | a petition
under Section 2-13 of the Juvenile Court Act of 1987 | 13 | | is pending may, with the
approval of the designated | 14 | | representative of the Department of Children and
Family | 15 | | Services, execute a consent to adoption by a specified person | 16 | | or
persons:
| 17 | | (a) in whose physical custody the child has resided for | 18 | | at least 6
months;
or
| 19 | | (b) in whose physical custody at least one sibling of | 20 | | the child who is the
subject of this consent has resided | 21 | | for at least 6 months, and
the child who is
the subject of | 22 | | this consent is currently residing in this foster home; or
| 23 | | (c) in whose physical custody a child under one year of | 24 | | age has resided
for at least 3 months.
| 25 | | A consent under this subsection O shall be acknowledged by a | 26 | | parent pursuant to
subsection H and subsection K of this |
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| 1 | | Section.
| 2 | | (2) The consent to adoption by a specified person or | 3 | | persons shall have the
caption of the proceeding in which it is | 4 | | to be filed and shall be substantially
as follows:
| 5 | | FINAL AND IRREVOCABLE CONSENT TO ADOPTION BY
| 6 | | A SPECIFIED PERSON OR PERSONS: DCFS CASE
| 7 | | I, ......................................, the | 8 | | .................. (mother or
father) of a ....male child, | 9 | | state:
| 10 | | My child ............................ (name of child) | 11 | | was born on
(insert date) at .................... Hospital | 12 | | in
................ County, State of ...............
| 13 | | I reside at ......................, County of | 14 | | ............. and
State of ..............
| 15 | | I, ..........................., am .... years old.
| 16 | | I enter my appearance in this action to adopt my child | 17 | | by the
person or persons specified herein by me and waive | 18 | | service of
summons on me in this action only.
| 19 | | I consent to the adoption of my child by
| 20 | | .............................
(specified person or | 21 | | persons) only.
| 22 | | I wish to sign this consent and I understand that by | 23 | | signing this
consent I irrevocably and permanently give up | 24 | | all parental rights I have to my
child if my child is | 25 | | adopted by ............................. (specified person
| 26 | | or persons).
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| 1 | | I understand my child will be adopted by | 2 | | .............................
(specified person or | 3 | | persons) only and that I cannot under any circumstances,
| 4 | | after signing this document, change my mind and revoke or | 5 | | cancel this consent
or obtain or recover custody or any | 6 | | other rights over my child if
............................ | 7 | | (specified person or persons) adopt my child.
| 8 | | I understand that this consent to adoption is valid | 9 | | only if the
petition to adopt is filed within one year from | 10 | | the date that I sign it and
that if ....................... | 11 | | (specified person or persons), for any reason,
cannot or | 12 | | will not file a petition to adopt my child within that one | 13 | | year
period or if their adoption petition is denied, then | 14 | | this consent will be
voidable after one year upon the | 15 | | timely filing of my motion. If I file this
motion before | 16 | | the filing of the petition for adoption, I understand that | 17 | | the
court shall revoke this specific consent.
I have the | 18 | | right to notice of any other proceeding that could affect | 19 | | my
parental rights, except for the proceeding for | 20 | | ............. (specified person
or persons) to adopt my | 21 | | child.
| 22 | | I have read and understand the above and I am signing | 23 | | 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 in | 3 | | substantially the following form:
| 4 | | If ............... (specified persons) get a divorce
| 5 | | before the petition to adopt my child is granted, then | 6 | | ..........
(specified person) shall adopt my child. I | 7 | | understand that I
cannot change my mind and revoke this | 8 | | consent or obtain or
recover custody over my child if | 9 | | ............. (specified persons)
divorce and | 10 | | ............. (specified person) adopts my
child. I | 11 | | understand that I cannot change my mind and revoke
this | 12 | | consent or obtain or recover custody over my child if
| 13 | | ................. (specified persons) divorce after the
| 14 | | adoption is final. I understand that this consent to | 15 | | adoption
has no effect on who will get custody of my child | 16 | | if they
divorce after the adoption is final.
| 17 | | I understand that if either ...............
| 18 | | (specified persons) dies before the petition to adopt
my | 19 | | child is granted, then the surviving person can adopt my | 20 | | child. I
understand that I cannot change my mind and revoke | 21 | | this consent
or obtain or recover custody over my child if | 22 | | the surviving
person adopts my child.
| 23 | | A consent to adoption by specified persons on this form | 24 | | shall
have no effect on a court's determination of custody or | 25 | | visitation
under the Illinois Marriage and Dissolution of | 26 | | Marriage Act if the
marriage of the
specified persons is |
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| 1 | | dissolved after the adoption is final.
| 2 | | (4) The form of the certificate of acknowledgement for a | 3 | | Final and
Irrevocable Consent for Adoption by a Specified | 4 | | Person or Persons: DCFS Case shall be
substantially as follows:
| 5 | | STATE OF ..............)
| 6 | | ) SS.
| 7 | | COUNTY OF .............)
| 8 | | I, .................... (Name of Judge or other person),
| 9 | | ..................... (official title, name, and address),
| 10 | | certify that ............., personally known to me to be the | 11 | | same person whose
name is subscribed to the foregoing Final and | 12 | | Irrevocable Consent for Adoption
by a Specified Person or | 13 | | Persons, appeared before me this day
in person and acknowledged | 14 | | that (she)(he) signed and delivered the consent as
(her)(his) | 15 | | free and voluntary act, for the specified purpose.
| 16 | | I have fully explained that this consent to adoption is | 17 | | valid only if the
petition to adopt is filed within one year | 18 | | from the date that it is signed, and
that if the specified | 19 | | person or persons, for any reason, cannot or will not
adopt the | 20 | | child or if the adoption petition is denied, then this consent | 21 | | will
be voidable after one year upon the timely filing of a | 22 | | motion by the parent
to revoke the consent. I explained that if | 23 | | this motion is filed before the
filing of the petition for | 24 | | adoption, the court shall revoke this specific
consent. I have |
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| 1 | | fully explained that if the specified person or
persons adopt
| 2 | | the child, by signing this consent this parent is irrevocably
| 3 | | and permanently
relinquishing all parental rights to the child, | 4 | | and this parent has stated that
such is (her)(his) intention | 5 | | and desire.
| 6 | | Dated (insert date).
| 7 | | ...............................
| 8 | | Signature
| 9 | | (5) If a consent to adoption by a specified person or | 10 | | persons is executed in
this form, the following provisions | 11 | | shall apply. The consent shall be valid
only if that specified | 12 | | person or persons adopt the child. The consent shall be
| 13 | | voidable after one year if:
| 14 | | (a) the specified person or persons do not file a | 15 | | petition to adopt the
child within one year after the | 16 | | consent is signed and the parent files a
timely motion to | 17 | | revoke this consent. If this motion is filed before the
| 18 | | filing of the petition for adoption the court shall revoke | 19 | | this consent; or
| 20 | | (b) a court denies the adoption petition; or
| 21 | | (c) the Department of Children and Family Services | 22 | | Guardianship
Administrator determines that the specified | 23 | | person or persons will not or
cannot complete the adoption, | 24 | | or in the best interests of the child should not
adopt the | 25 | | child.
| 26 | | Within 30 days of the consent becoming void, the Department |
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| 1 | | of Children and
Family Services Guardianship Administrator | 2 | | shall make good faith attempts to
notify the parent in writing | 3 | | and shall give written notice to the court and all
additional | 4 | | parties in writing that the adoption has not occurred or will | 5 | | not
occur and that the consent is void. If the adoption by a | 6 | | specified person or
persons does not occur, no proceeding for | 7 | | termination of parental rights shall
be brought unless the | 8 | | biological parent who executed the consent to adoption by
a | 9 | | specified person or persons has been notified of the proceeding | 10 | | pursuant to
Section 7 of this Act or subsection (4) of Section | 11 | | 2-13 of the Juvenile Court
Act of 1987. The parent shall not | 12 | | need to take further action to revoke the
consent if the | 13 | | specified adoption does not occur, notwithstanding the
| 14 | | provisions of Section 11 of this Act.
| 15 | | (6) The Department of Children and Family Services is | 16 | | authorized
to promulgate rules necessary to implement this | 17 | | subsection O.
| 18 | | (7) The Department shall collect and maintain data | 19 | | concerning the efficacy
of specific consents. This data shall | 20 | | include the number of specific consents
executed and their | 21 | | outcomes, including but not limited to the number of
children | 22 | | adopted pursuant to the consents, the number of children for | 23 | | whom
adoptions are not completed, and the reason or reasons why | 24 | | the adoptions are
not completed.
| 25 | | P. If the person signing a consent is incarcerated or | 26 | | detained in a correctional facility, prison, jail, detention |
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| 1 | | center, or other comparable institution, either in this State | 2 | | or any other jurisdiction, the execution of such consent may be | 3 | | acknowledged before social service personnel of such | 4 | | institution, or before a person designated by a court of | 5 | | competent jurisdiction. | 6 | | Q. A consent may be acknowledged telephonically, via | 7 | | audiovisual connection, or other electronic means, provided | 8 | | that a court of competent jurisdiction has entered an order | 9 | | approving the execution of the consent in such manner and has | 10 | | designated an individual to be physically present with the | 11 | | parent executing such consent in order to verify the identity | 12 | | of the parent. | 13 | | R. An agency whose representative is acknowledging a | 14 | | consent pursuant to this Section shall be a public child | 15 | | welfare agency, or a child welfare agency, or a child placing | 16 | | agency that is authorized or licensed in the State or | 17 | | jurisdiction in which the consent is signed. | 18 | | S. The form of waiver by a putative or legal father of a | 19 | | born or unborn child shall be substantially as follows: | 20 | | FINAL AND IRREVOCABLE | 21 | | WAIVER OF PARENTAL RIGHTS OF PUTATIVE OR LEGAL FATHER | 22 | | I, .................... , state under oath or affirm as | 23 | | follows: | 24 | | 1. That the biological mother ............... has |
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| 1 | | named me as a possible biological or
legal father of her | 2 | | minor child who was born, or is expected to be born on
| 3 | | ..........., ......, in the City/Town of........., State | 4 | | of ........... | 5 | | 2. That I understand that the biological mother | 6 | | ............. intends to or has placed the child
for | 7 | | adoption. | 8 | | 3. That I reside at ................, in the City/Town | 9 | | of...........,
State of ................ | 10 | | 4. That I am ................ years of age and my date | 11 | | of birth is ..............., ............. | 12 | | 5. That I (select one): | 13 | | ..... am married to the biological mother. | 14 | | ..... am not married to the biological mother and | 15 | | have not been married to the biological
mother within | 16 | | 300 days before the child's birth or expected date of | 17 | | child's birth. | 18 | | ..... am not currently married to the biological | 19 | | mother, but was married to the biological
mother, | 20 | | within 300 days before the child's birth or expected | 21 | | date of child's birth. | 22 | | 6. That I (select one): | 23 | | ..... neither admit nor deny that I am the | 24 | | biological father of the child. | 25 | | ..... deny that I am the biological father of the | 26 | | child. |
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| 1 | | 7. That I hereby agree to the termination of my | 2 | | parental rights, if any, without further notice to me
of | 3 | | any proceeding for the adoption of the minor child, even if | 4 | | I have taken any action to establish
parental rights or | 5 | | take any such action in the future including registering | 6 | | with any putative father
registry. | 7 | | 8. That I understand that by signing this Waiver I do | 8 | | irrevocably and permanently give up all
custody and other | 9 | | parental rights I may have to such child. | 10 | | 9. That I understand that this Waiver is FINAL AND | 11 | | IRREVOCABLE and that I am permanently
barred from | 12 | | contesting any proceeding for the adoption of the child | 13 | | after I sign this Waiver. | 14 | | 10. That I waive any further service of summons or | 15 | | other pleadings in any proceeding to terminate
parental | 16 | | rights, if any to this child, or any proceeding for | 17 | | adoption of this child. | 18 | | 11. That I understand that if a final judgment or order | 19 | | of adoption for this child is not entered, then
any | 20 | | parental rights or responsibilities that I may have remain | 21 | | intact. | 22 | | 12. That I have read and understand the above and that | 23 | | I am signing it as my free and voluntary act. | 24 | | Dated: ................... , .............. | 25 | | ........................................... |
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| 1 | | Signature | 2 | | OATH | 3 | | I have been duly sworn and I state under oath that I have read | 4 | | and understood this Final and Irrevocable
Waiver of Parental | 5 | | Rights of Putative or Legal Father. The facts contained in it | 6 | | are true and correct to the
best of my knowledge. I have signed | 7 | | this document as my free and voluntary act in order to | 8 | | facilitate the
adoption of the child. | 9 | | .............................. | 10 | | Signature | 11 | | Signed and Sworn before me on | 12 | | this ............ day | 13 | | of ..........., 20.... | 14 | | ................... | 15 | | Notary Public | 16 | | (Source: P.A. 96-601, eff. 8-21-09; 96-1461, eff. 1-1-11.)
| 17 | | (750 ILCS 50/11) (from Ch. 40, par. 1513)
| 18 | | Sec. 11. Consents, surrenders, waivers, irrevocability.
| 19 | | (a) A consent to adoption or standby adoption by a parent, | 20 | | including a
minor, executed and
acknowledged in accordance with | 21 | | the provisions of Section 10 8 of this Act, or
a surrender of a |
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| 1 | | child by a parent, including a minor, to an agency for the
| 2 | | purpose of adoption shall be irrevocable unless it shall have | 3 | | been obtained
by fraud or duress on the part of the person | 4 | | before whom such consent,
surrender, or other document | 5 | | equivalent to a surrender is acknowledged
pursuant to the | 6 | | provisions of Section 10 of this Act or on the part of the
| 7 | | adopting parents or their agents and a court of competent | 8 | | jurisdiction
shall so find. No action to void or revoke a | 9 | | consent to or surrender for
adoption, including an action based | 10 | | on fraud or duress, may be commenced
after 12 months from the | 11 | | date the consent or surrender was executed.
The consent or | 12 | | surrender of a parent who is a minor shall
not be voidable | 13 | | because of such minority.
| 14 | | (a-1) A waiver signed by a putative or legal father, | 15 | | including a minor, executed and acknowledged in accordance with | 16 | | Section 10 of this Act, shall be irrevocable unless it shall | 17 | | have been obtained by fraud or duress on the part of the | 18 | | adopting parents or their agents and a court of competent | 19 | | jurisdiction shall so find. No action to void a waiver may be | 20 | | commenced after 12 months from the date the waiver was | 21 | | executed. The waiver of a putative or legal father who is a | 22 | | minor shall not be voidable because of such minority. | 23 | | (b) The petitioners in an adoption proceeding are entitled | 24 | | to rely upon a
sworn statement of the biological mother of the | 25 | | child to be adopted identifying
the father of her child. The | 26 | | affidavit shall be conclusive evidence as to the
biological |
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| 1 | | mother regarding the facts stated therein, and shall create a
| 2 | | rebuttable presumption of truth as to the biological father | 3 | | only. Except as
provided in Section 11 of this Act, the | 4 | | biological mother of the child shall be
permanently barred from | 5 | | attacking the proceeding thereafter. The biological
mother | 6 | | shall execute such affidavit in writing and under oath. The | 7 | | affidavit
shall be executed by the biological mother before or | 8 | | at the time of execution
of the consent or surrender, and shall | 9 | | be retained by the court and be a part
of the Court's files. | 10 | | The form of affidavit shall be substantially as follows:
| 11 | | AFFIDAVIT OF IDENTIFICATION
| 12 | | I, ................., the mother of a (male or female) | 13 | | child, state under
oath or affirm as follows:
| 14 | | (1) That the child was born, or is expected to be born, on | 15 | | (insert
date), at ......................., in
the State of | 16 | | ...................
| 17 | | (2) That I reside at .................., in the City or | 18 | | Village of
..........., State of ...................
| 19 | | (3) That I am of the age of ....... years.
| 20 | | (4) That I acknowledge that I have been asked to identify | 21 | | the father of my
child.
| 22 | | (5) (CHECK ONE)
| 23 | | .... I know and am identifying the biological father.
| 24 | | .... I do not know the identity of the biological father.
| 25 | | .... I am unwilling to identify the biological father.
| 26 | | (6A) If I know and am identifying the father:
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| 1 | | That the name of the biological father is | 2 | | ....................; his last
known home address is | 3 | | ............; his last known work address is
| 4 | | ....................; and he is ..... years of age; or he is | 5 | | deceased, having
died on (insert date) at
.............., in | 6 | | the State of ..................
| 7 | | (6B) If I do not know the identity of the biological | 8 | | father:
| 9 | | I do not know who the biological father is; the following | 10 | | is
an explanation of why I am unable to identify him:
| 11 | | .............................................................
| 12 | | .............................................................
| 13 | | ..............................................................
| 14 | | (6C) If I am unwilling to identify the biological father:
| 15 | | I do not wish to name the biological father of the child | 16 | | for the following
reasons:
| 17 | | .............................................................
| 18 | | .............................................................
| 19 | | .............................................................
| 20 | | (7) The physical description of the biological father is:
.
| 21 | | .............................................................
| 22 | | .............................................................
| 23 | | (8) I reaffirm that the information contained in paragraphs | 24 | | 5, 6, and 7,
inclusive, is true and correct.
| 25 | | (9) I have been informed and understand that if I am | 26 | | unwilling, refuse to
identify, or misidentify the biological |
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| 1 | | father of the child, absent fraud
or duress, I am permanently | 2 | | barred from attacking the proceedings for the
adoption of the | 3 | | child at any time after I sign a final and irrevocable
consent | 4 | | to adoption or surrender for purposes of adoption.
| 5 | | (10) I have read this Affidavit and have had the | 6 | | opportunity to review and
question it; it was explained to me | 7 | | by ............................; and I am
signing it as my free | 8 | | and voluntary act and understand the contents and the
results | 9 | | of signing it.
| 10 | | Dated (insert date).
| 11 | | ...................................
| 12 | | Signature
| 13 | | Under penalties as provided by law under Section 1-109 of | 14 | | the Code
of Civil Procedure, the undersigned certifies that the | 15 | | statements set
forth in this Affidavit are true and correct.
| 16 | | ...................................
| 17 | | Signature
| 18 | | (Source: P.A. 91-357, eff. 7-29-99; 91-572, eff. 1-1-00 .)
| 19 | | Section 99. Effective date. This Act takes effect upon | 20 | | becoming law. |
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