Illinois General Assembly - Full Text of HB3079
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Full Text of HB3079  99th General Assembly




State of Illinois
2015 and 2016


Introduced , by Rep. Keith P. Sommer


750 ILCS 50/2  from Ch. 40, par. 1502
750 ILCS 50/4.1  from Ch. 40, par. 1506
750 ILCS 50/5  from Ch. 40, par. 1507
750 ILCS 50/13  from Ch. 40, par. 1516

    Amends the Adoption Act. Provides for the re-adoption and confirmation of the foreign adoption decree of a child adopted in a foreign country. Provides documentation and procedural requirements. Adds provisions governing adoption by married parents, parents who subsequently divorce and re-marry, and parents who have entered into a civil union. Makes corresponding changes.

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HB3079LRB099 08115 HEP 28264 b

1    AN ACT concerning civil law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Adoption Act is amended by changing Sections
52, 4.1, 5, and 13 as follows:
6    (750 ILCS 50/2)  (from Ch. 40, par. 1502)
7    Sec. 2. Who may adopt a child.
8    A. Any of the following persons, who is under no legal
9disability (except the minority specified in sub-paragraph
10(b)) and who has resided in the State of Illinois continuously
11for a period of at least 6 months immediately preceding the
12commencement of an adoption proceeding, or any member of the
13armed forces of the United States who has been domiciled in the
14State of Illinois for 90 days, may institute such proceeding:
15        (a) A reputable person of legal age and of either sex,
16    provided that if such person is married or in a civil union
17    and has not been living separate and apart from his or her
18    spouse or civil union partner for 12 months or longer, his
19    or her spouse or civil union partner shall be a party to
20    the adoption proceeding, including a spouse or civil union
21    partner husband or wife desiring to adopt a child of the
22    other spouse or civil union partner, in all of which cases
23    the adoption shall be by both spouses or civil union



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1    partners jointly;
2        (b) A minor, by leave of court upon good cause shown.
3    Notwithstanding sub-paragraph (a) of this subsection, a
4spouse or civil union partner is not required to join in a
5petition for adoption to re-adopt a child after an intercountry
6adoption if the spouse or civil union partner did not
7previously adopt the child as set forth in subsections (c) and
8(e) of Section 4.1 of this Act.
9    B. The residence requirement specified in paragraph A of
10this Section shall not apply to:
11        (a) an adoption of a related child or child previously
12    adopted in a foreign country by the petitioner; or
13        (b) an adoption of a child placed by an agency.
14(Source: P.A. 98-804, eff. 1-1-15.)
15    (750 ILCS 50/4.1)  (from Ch. 40, par. 1506)
16    Sec. 4.1. Adoption between multiple jurisdictions.
17    (a) The Department of Children and Family Services shall
18promulgate rules regarding the approval and regulation of
19agencies providing, in this State, adoption services, as
20defined in Section 2.24 of the Child Care Act of 1969, which
21shall include, but not be limited to, a requirement that any
22agency shall be licensed in this State as a child welfare
23agency as defined in Section 2.08 of the Child Care Act of
241969. Any out-of-state agency, if not licensed in this State as
25a child welfare agency, must obtain the approval of the



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1Department in order to act as a sending agency, as defined in
2Section 1 of the Interstate Compact on Placement of Children
3Act, seeking to place a child into this State through a
4placement subject to the Interstate Compact on the Placement of
5Children. An out-of-state agency, if not licensed in this State
6as a child welfare agency, is prohibited from providing in this
7State adoption services, as defined by Section 2.24 of the
8Child Care Act of 1969; shall comply with Section 12C-70 of the
9Criminal Code of 2012; and shall provide all of the following
10to the Department:
11        (1) A copy of the agency's current license or other
12    form of authorization from the approving authority in the
13    agency's state. If no license or authorization is issued,
14    the agency must provide a reference statement, from the
15    approving authority, stating that the agency is authorized
16    to place children in foster care or adoption or both in its
17    jurisdiction.
18        (2) A description of the program, including home
19    studies, placements, and supervisions, that the child
20    placing agency conducts within its geographical area, and,
21    if applicable, adoptive placements and the finalization of
22    adoptions. The child placing agency must accept continued
23    responsibility for placement planning and replacement if
24    the placement fails.
25        (3) Notification to the Department of any significant
26    child placing agency changes after approval.



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1        (4) Any other information the Department may require.
2    The rules shall also provide that any agency that places
3children for adoption in this State may not, in any policy or
4practice relating to the placement of children for adoption,
5discriminate against any child or prospective adoptive parent
6on the basis of race.
7    (a-5) (Blank).
8    (b) Interstate Adoptions.
9        (1) All interstate adoption placements under this Act
10    shall comply with the Child Care Act of 1969 and the
11    Interstate Compact on the Placement of Children. The
12    placement of children with relatives by the Department of
13    Children and Family Services shall also comply with
14    subsection (b) of Section 7 of the Children and Family
15    Services Act.
16        (2) If an adoption is finalized prior to bringing or
17    sending a child to this State, compliance with the
18    Interstate Compact on the Placement of Children is not
19    required.
20    (c) Intercountry Adoptions.
21        (1) The adoption of a child, if the child is a habitual
22    resident of a country other than the United States and the
23    petitioner is a habitual resident of the United States, or,
24    if the child is a habitual resident of the United States
25    and the petitioner is a habitual resident of a country
26    other than the United States, shall comply with the



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1    Intercountry Adoption Act of 2000, as amended, and the
2    Immigration and Nationality Act, as amended.
3        (2) The Department of Children and Family Services
4    shall maintain the office of Intercountry Adoption
5    Coordinator in order to maintain and protect the rights of
6    prospective adoptive parents and children participating in
7    an intercountry adoption and shall develop ongoing
8    programs of support and services to such prospective
9    adoptive parents and children.
10        (3) In the case of an intercountry adoption of a child
11    by an Illinois resident, the Department shall promulgate
12    rules concerning preadoption requirements, which shall
13    include, but not be limited to, requirements relating to
14    home studies conducted by licensed child welfare agencies
15    and requirements relating to supporting documentation
16    concerning the prospective adoptive parent's suitability
17    to adopt a child.
18        (4) The Intercountry Adoption Coordinator shall
19    determine whether all preadoption requirements have been
20    met by a prospective adoptive parent. The Intercountry
21    Adoption Coordinator shall also determine whether the
22    prospective adoptive parent is suitable as the adoptive
23    parent. In determining suitability to adopt, the
24    Intercountry Adoption coordinator shall give considerable
25    weight to the home study, but is not bound by it. Even if
26    the home study is favorable, the Intercountry Adoption



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1    Coordinator must issue a denial letter if, on the basis of
2    all the information provided, the Intercountry Adoption
3    Coordinator finds, for a specific and articulable reason,
4    that the prospective adoptive parent has failed to
5    establish that he or she is suitable as the adoptive
6    parent.
7        (5) The Intercountry Adoption Coordinator shall issue
8    an endorsement letter, indicating that all preadoption
9    requirements have been met, or a denial letter, indicating
10    the specific preadoption requirements that have not been
11    met, no later than 21 days from receipt of the home study
12    from the child welfare agency. If, upon receipt of the home
13    study, the Intercountry Adoption Coordinator determines
14    that more information is required before any determination
15    can be made with respect to compliance with the preadoption
16    requirements, the Intercountry Adoption Coordinator shall,
17    within 7 days of receipt of the home study, provide notice
18    describing the additional information, via facsimile or
19    through electronic communication, to the licensed child
20    welfare agency and the adoptive parent. Within 21 days of
21    receipt of the additional information, the Intercountry
22    Adoption Coordinator shall provide the child welfare
23    agency with an endorsement letter or a denial letter. The
24    Intercountry Adoption Coordinator shall mail a copy of the
25    endorsement letter or denial letter to the prospective
26    adoptive parent at the same time that the Intercountry



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1    Adoption Coordinator provides the letter to the child
2    welfare agency.
3        (6) If the Intercountry Adoption Coordinator issues a
4    denial letter, a prospective adoptive parent shall have the
5    right to a review. The Intercountry Adoption Coordinator
6    shall include in its denial letter notification advising
7    the prospective adoptive parent of the right to seek a
8    review, by the Director of the Department, of the
9    determination, if requested in writing within 30 days of
10    receipt of the denial letter. Failure to submit such a
11    request within 30 days waives the prospective parent's
12    right to a review.
13            (i) The review by the Director shall include, but
14        is not limited to, a review of documentation submitted
15        by the prospective adoptive parent and, if requested by
16        the prospective adoptive parent, a telephone
17        conference or a mutually convenient in-person meeting
18        with the Director, or the Director's designated
19        representative, to allow the prospective adoptive
20        parent to present the facts and circumstances
21        supporting the request for the endorsement letter.
22            (ii) The Director shall issue a decision within 30
23        days of receipt of the request for review.
24            (iii) If the Director concurs with the original
25        denial letter of the Intercountry Adoption
26        Coordinator, the Director's decision shall be



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1        considered a final decision and the prospective
2        adoptive parent shall have all rights and remedies to
3        which he or she is entitled under applicable law,
4        including a mandamus action under Article XIV of the
5        Code of Civil Procedure and an action under the federal
6        Civil Rights Act, 42 U.S.C. 1983.
7        (7) In the case of an intercountry adoption finalized
8    in another country, where a complete and valid Order of
9    Adoption is issued from that country to an Illinois
10    resident, as determined by the United States Department of
11    State, this State shall not impose any additional
12    preadoption requirements.
13        (8) The Department of Children and Family Services
14    shall provide a report to the General Assembly, on an
15    annual basis for the preceding year, beginning on September
16    1 of each year after the effective date of this amendatory
17    Act of the 98th General Assembly. The report shall provide
18    non-identifying statistical data on the endorsement and
19    denial letters and the requests for review of denial
20    letters and shall contain, but not limited to, the
21    following:
22            (i) the number of endorsement letters issued by the
23        Intercountry Adoption Coordinator;
24            (ii) the number of denial letters issued by the
25        Intercountry Adoption Coordinator;
26            (iii) the number of requests for review of denial



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1        letters;
2            (iv) the number of denial letter reviews which
3        resulted in a reversal by the Director and an
4        endorsement letter being issued; and
5            (v) the basis of each denial letter and the basis
6        of each reversal of the denial letter in a particular
7        case.
8    (d) (Blank).
9    (e) Re-adoption after an intercountry adoption.
10        (1) Any time after a minor child has been adopted in a
11    foreign country and has immigrated to the United States,
12    the adoptive parent or parents of the child may petition
13    the court for a judgment of adoption to re-adopt the child
14    and confirm the foreign adoption decree.
15        (2) The petitioner must submit to the court one or more
16    of the following to verify the foreign adoption:
17            (i) an immigrant visa for the child issued by
18        United States Citizenship and Immigration Services of
19        the U.S. Department of Homeland Security that was valid
20        at the time of the child's immigration;
21            (ii) a decree, judgment, certificate of adoption,
22        adoption registration, or equivalent court order,
23        entered or issued by a court of competent jurisdiction
24        or administrative body outside the United States,
25        establishing the relationship of parent and child by
26        adoption; or



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1            (iii) such other evidence deemed satisfactory by
2        the court.
3        (3) The child's immigrant visa shall be prima facie
4    proof that the adoption was established in accordance with
5    the laws of the foreign jurisdiction and met United States
6    requirements for immigration.
7        (4) If the petitioner submits documentation that
8    satisfies the requirements of paragraph (2), the court
9    shall not appoint a guardian ad litem for the minor who is
10    the subject of the proceeding, shall not require any
11    further termination of parental rights of the child's
12    biological parents, nor shall it require any home study,
13    investigation, post-placement visit, or background check
14    of the petitioner.
15        (5) The petition may include a request for change of
16    the child's name and any other request for specific relief
17    that is in the best interests of the child. The relief may
18    include a request for a revised birth date for the child if
19    supported by evidence from a medical or dental professional
20    attesting to the appropriate age of the child or other
21    collateral evidence.
22        (6) Two adoptive parents who adopted a minor child
23    together in a foreign country while married to one another
24    may file a petition for adoption to re-adopt the child
25    jointly, regardless of whether their marriage has been
26    dissolved. If either parent whose marriage was dissolved



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1    has subsequently remarried or entered into a civil union
2    with another person, the new spouse or civil union partner
3    shall not join in the petition to re-adopt the child,
4    unless the new spouse or civil union partner is seeking to
5    adopt the child. If either adoptive parent does not join in
6    the petition, he or she must be joined as a party
7    defendant. The defendant parent's failure to participate
8    in the re-adoption proceeding shall not affect the existing
9    parental rights or obligations of the parent as they relate
10    to the minor child, and the parent's name shall be placed
11    on any subsequent birth record issued for the child as a
12    result of the re-adoption proceeding.
13        (7) An adoptive parent who adopted a minor child in a
14    foreign country as an unmarried person may file a petition
15    for adoption to re-adopt the child as a sole petitioner,
16    even if the adoptive parent has subsequently married or
17    entered into a civil union.
18        (8) If one of the adoptive parents who adopted a minor
19    child dies prior to a re-adoption proceeding, the deceased
20    parent's name shall be placed on any subsequent birth
21    record issued for the child as a result of the re-adoption
22    proceeding.
23(Source: P.A. 98-455, eff. 1-1-14.)
24    (750 ILCS 50/5)  (from Ch. 40, par. 1507)
25    Sec. 5. Petition, contents, verification, filing.



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1    A. A proceeding to adopt a child, other than a related
2child, shall be commenced by the filing of a petition within 30
3days after such child has become available for adoption,
4provided that such petition may be filed at a later date by
5leave of court upon a showing that the failure to file such
6petition within such 30 day period was not due to the
7petitioners' culpable negligence or their wilful disregard of
8the provisions of this Section. In the case of a child born
9outside the United States or a territory thereof, if the
10prospective adoptive parents of such child have been appointed
11guardians of such child by a court of competent jurisdiction in
12a country other than the United States or a territory thereof,
13such parents shall file a petition as provided in this Section
14within 30 days after entry of the child into the United States.
15A petition to adopt an adult or a related child may be filed at
16any time. A petition for adoption may include more than one
17person sought to be adopted.
18    B. A petition to adopt a child other than a related child
19shall state:
20        (a) The full names of the petitioners and, if minors,
21    their respective ages;
22        (b) The place of residence of the petitioners and the
23    length of residence of each in the State of Illinois
24    immediately preceding the filing of the petition;
25        (c) When the petitioners acquired, or intend to
26    acquire, custody of the child, and the name and address of



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1    the persons or agency from whom the child was or will be
2    received;
3        (d) The name, the place and date of birth if known, and
4    the sex of the child sought to be adopted;
5        (e) The relationship, if any, of the child to each
6    petitioner;
7        (f) The names, if known, and the place of residence, if
8    known, of the parents; and whether such parents are minors,
9    or otherwise under any legal disability. The names and
10    addresses of the parents shall be omitted and they shall
11    not be made parties defendant to the petition if (1) the
12    rights of the parents have been terminated by a court of
13    competent jurisdiction, or (2) the child has been
14    surrendered to an agency, or (3) the parent or parents have
15    been served with the notice provided in Section 12a of this
16    Act and said parent or parents have filed a disclaimer of
17    paternity as therein provided or have failed to file such
18    declaration of paternity or a request for notice as
19    provided in said Section, or (4) the parent is a putative
20    father or legal father of the child who has waived his
21    parental rights by signing a waiver as provided in
22    subsection S of Section 10;
23        (g) If it is alleged that the child has no living
24    parent, then the name of the guardian, if any, of such
25    child and the court which appointed such guardian;
26        (h) If it is alleged that the child has no living



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1    parent and that no guardian of such child is known to
2    petitioners, then the name of a near relative, if known,
3    shall be set forth, or an allegation that no near relative
4    is known and on due inquiry cannot be ascertained by
5    petitioners;
6        (i) The name to be given the child or adult;
7        (j) That the person or agency, having authority to
8    consent under Section 8 of this Act, has consented, or has
9    indicated willingness to consent, to the adoption of the
10    child by the petitioners, or that the person having
11    authority to consent is an unfit person and the ground
12    therefor, or that no consent is required under paragraph
13    (f) of Section 8 of this Act;
14        (k) Whatever orders, judgments or decrees have
15    heretofore been entered by any court affecting (1) adoption
16    or custody of the child, or (2) the adoptive, custodial or
17    parental rights of either petitioner, including the prior
18    denial of any petition for adoption pertaining to such
19    child, or to the petitioners, or either of them.
20    C. A petition to adopt a related child shall include the
21information specified in sub-paragraphs (a), (b), (d), (e),
22(f), (i) and (k) of paragraph B and a petition to adopt an
23adult shall contain the information required by sub-paragraphs
24(a), (b) and (i) of paragraph B in addition to the name, place,
25date of birth and sex of such adult.
26    D. The petition shall be verified by the petitioners.



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1    E. Upon the filing of the petition the petitioners shall
2furnish the Clerk of the Court in which the petition is pending
3such information not contained in such petition as shall be
4necessary to enable the Clerk of such Court to complete a
5certificate of adoption as hereinafter provided.
6    F. A petition for standby adoption shall conform to the
7requirements of this Act with respect to petition contents,
8verification, and filing. The petition for standby adoption
9shall also state the facts concerning the consent of the
10child's parent to the standby adoption. A petition for standby
11adoption shall include the information in paragraph B if the
12petitioner seeks to adopt a child other than a related child. A
13petition for standby adoption shall include the information in
14paragraph C if the petitioner seeks to adopt a related child or
16    G. A petition for adoption to re-adopt a child after an
17intercountry adoption shall include the information specified
18in sub-paragraphs (a), (b), (c), (d), (e), (i) and (k) of
19paragraph B.
20(Source: P.A. 97-493, eff. 8-22-11.)
21    (750 ILCS 50/13)  (from Ch. 40, par. 1516)
22    Sec. 13. Interim order. As soon as practicable after the
23filing of a petition for adoption the court shall hold a
24hearing for the following purposes:
25    A. In other than an adoption of a related child or an



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1adoption through an agency, or of an adult:
2        (a) To determine the validity of the consent, provided
3    that the execution of a consent pursuant to this Act shall
4    be prima facie evidence of its validity, and provided that
5    the validity of a consent shall not be affected by the
6    omission therefrom of the names of the petitioners or
7    adopting parents at the time the consent is executed or
8    acknowledged, and further provided that the execution of a
9    consent prior to the filing of a petition for adoption
10    shall not affect its validity.
11        (b) To determine whether there is available suitable
12    temporary custodial care for a child sought to be adopted.
13    B. In all cases except standby adoptions and re-adoptions:
14        (a) The court shall appoint some licensed attorney
15    other than the State's attorney acting in his or her
16    official capacity as guardian ad litem to represent a child
17    sought to be adopted. Such guardian ad litem shall have
18    power to consent to the adoption of the child, if such
19    consent is required.
20        (b) The court shall appoint a guardian ad litem for all
21    named minors or defendants who are persons under legal
22    disability, if any.
23        (c) If the petition alleges a person to be unfit
24    pursuant to the provisions of subparagraph (p) of paragraph
25    D of Section 1 of this Act, such person shall be
26    represented by counsel. If such person is indigent or an



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1    appearance has not been entered on his behalf at the time
2    the matter is set for hearing, the court shall appoint as
3    counsel for him either the Guardianship and Advocacy
4    Commission, the public defender, or, only if no attorney
5    from the Guardianship and Advocacy Commission or the public
6    defender is available, an attorney licensed to practice law
7    in this State.
8        (d) If it is proved to the satisfaction of the court,
9    after such investigation as the court deems necessary, that
10    termination of parental rights and temporary commitment of
11    the child to an agency or to a person deemed competent by
12    the court, including petitioners, will be for the welfare
13    of the child, the court may order the child to be so
14    committed and may terminate the parental rights of the
15    parents and declare the child a ward of the court or, if it
16    is not so proved, the court may enter such other order as
17    it shall deem necessary and advisable.
18        (e) Before an interim custody order is granted under
19    this Section, service of summons shall be had upon the
20    parent or parents whose rights have not been terminated,
21    except as provided in subsection (f). Reasonable notice and
22    opportunity to be heard shall be given to the parent or
23    parents after service of summons when the address of the
24    parent or parents is available. The party seeking an
25    interim custody order shall make all reasonable efforts to
26    locate the parent or parents of the child or children they



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1    are seeking to adopt and to notify the parent or parents of
2    the party's request for an interim custody order pursuant
3    to this Section.
4        (f) An interim custody order may be granted without
5    notice upon presentation to the court of a written
6    petition, accompanied by an affidavit, stating that there
7    is an immediate danger to the child and that irreparable
8    harm will result to the child if notice is given to the
9    parent or parents or legal guardian. Upon making a finding
10    that there is an immediate danger to the child if service
11    of process is had upon and notice of hearing is given to
12    the parent or parents or legal guardian prior to the entry
13    of an order granting temporary custody to someone other
14    than a parent or legal guardian, the court may enter an
15    order of temporary custody which shall expire not more than
16    10 days after its entry. Every ex parte custody order
17    granted without notice shall state the injury which the
18    court sought to avoid by granting the order, the
19    irreparable injury that would have occurred had notice been
20    given, and the reason the order was granted without notice.
21    The matter shall be set down for full hearing before the
22    expiration of the ex parte order and will be heard after
23    service of summons is had upon and notice of hearing is
24    given to the parent or parents or legal guardian. At the
25    hearing the burden of proof shall be upon the party seeking
26    to extend the interim custody order to show that the order



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1    was properly granted without notice and that custody should
2    remain with the party seeking to adopt during the pendency
3    of the adoption proceeding. If the interim custody order is
4    extended, the reasons for granting the extension shall be
5    stated in the order.
6    C. In the case of a child born outside the United States or
7a territory thereof, if the petitioners have previously been
8appointed guardians of such child by a court of competent
9jurisdiction in a country other than the United States or a
10territory thereof, the court may order that the petitioners
11continue as guardians of such child.
12    D. In standby adoption cases:
13        (a) The court shall appoint a licensed attorney other
14    than the State's Attorney acting in his or her official
15    capacity as guardian ad litem to represent a child sought
16    to be adopted. The guardian ad litem shall have power to
17    consent to the adoption of the child, if consent is
18    required.
19        (b) The court shall appoint a guardian ad litem for all
20    named minors or defendants who are persons under legal
21    disability, if any.
22        (c) The court lacks jurisdiction to proceed on the
23    petition for standby adoption if the child has a living
24    parent, adoptive parent, or adjudicated parent whose
25    rights have not been terminated and whose whereabouts are
26    known, unless the parent consents to the standby adoption



HB3079- 20 -LRB099 08115 HEP 28264 b

1    or, after receiving notice of the hearing on the standby
2    adoption petition, fails to object to the appointment of a
3    standby adoptive parent at the hearing on the petition.
4        (d) The court shall investigate as needed for the
5    welfare of the child and shall determine whether the
6    petitioner or petitioners shall be permitted to adopt.
7(Source: P.A. 90-14, eff. 7-1-97; 90-349, eff. 1-1-98; 91-572,
8eff. 1-1-00.)