Illinois Compiled Statutes
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750 ILCS 50/5
(750 ILCS 50/5)
(from Ch. 40, par. 1507)
Petition, contents, verification, filing.
A. A proceeding to adopt a child, other than a related child, shall be
commenced by the filing of a petition within 30 days after such child has
become available for adoption, provided that such petition may be filed at
a later date by leave of court upon a showing that the failure to file such
petition within such 30 day period was not due to the petitioners' culpable
negligence or their wilful disregard of the provisions of this Section.
In the case of a child born outside the United States or a territory
thereof, if the prospective adoptive parents of such child have been
appointed guardians of such child by a court of competent jurisdiction in a
country other than the United States or a territory thereof, such parents
shall file a petition as provided in this Section within 30 days after
entry of the child into the United States. A petition to adopt an adult or a
related child may be filed at any time. A petition for adoption may include
more than one person sought to be adopted.
B. A petition to adopt a child other than a related child shall state:
(a) The full names of the petitioners and, if minors,
(b) The place of residence of the petitioners and the
length of residence of each in the State of Illinois immediately preceding the filing of the petition;
(c) When the petitioners acquired, or intend to
acquire, custody of the child, and the name and address of the persons or agency from whom the child was or will be received;
(d) The name, the place and date of birth if known,
and the sex of the child sought to be adopted;
(e) The relationship, if any, of the child to each
(f) The names, if known, and the place of residence,
if known, of the parents; and whether such parents are minors, or otherwise under any legal disability. The names and addresses of the parents shall be omitted and they shall not be made parties defendant to the petition if (1) the rights of the parents have been terminated by a court of competent jurisdiction, or (2) the child has been surrendered to an agency, or (3) the parent or parents have been served with the notice provided in Section 12a of this Act and said parent or parents have filed a disclaimer of paternity as therein provided or have failed to file such declaration of paternity or a request for notice as provided in said Section, or (4) the parent is a putative father or legal father of the child who has waived his parental rights by signing a waiver as provided in subsection S of Section 10;
(g) If it is alleged that the child has no living
parent, then the name of the guardian, if any, of such child and the court which appointed such guardian;
(h) If it is alleged that the child has no living
parent and that no guardian of such child is known to petitioners, then the name of a near relative, if known, shall be set forth, or an allegation that no near relative is known and on due inquiry cannot be ascertained by petitioners;
(i) The name to be given the child or adult;
(j) That the person or agency, having authority to
consent under Section 8 of this Act, has consented, or has indicated willingness to consent, to the adoption of the child by the petitioners, or that the person having authority to consent is an unfit person and the ground therefor, or that no consent is required under paragraph (f) of Section 8 of this Act;
(k) Whatever orders, judgments or decrees have
heretofore been entered by any court affecting (1) adoption or custody of the child, or (2) the adoptive, custodial or parental rights of either petitioner, including the prior denial of any petition for adoption pertaining to such child, or to the petitioners, or either of them.
C. A petition to adopt a related child shall include the information
specified in sub-paragraphs (a), (b), (d), (e), (f), (i) and (k) of
paragraph B and a petition to adopt an adult shall contain the information
required by sub-paragraphs (a), (b) and (i) of paragraph B in addition to
the name, place, date of birth and sex of such adult.
D. The petition shall be verified by the petitioners.
E. Upon the filing of the petition the petitioners shall furnish the
Clerk of the Court in which the petition is pending such information not
contained in such petition as shall be necessary to enable the Clerk of
such Court to complete a certificate of adoption as hereinafter provided.
F. A petition for standby adoption shall conform to the requirements of
this Act with respect to petition contents, verification, and filing. The
petition for standby adoption shall also state the facts concerning the consent
of the child's parent to the standby adoption. A petition for
standby adoption shall include the information in paragraph B if the petitioner
seeks to adopt a child other than a related child. A petition
for standby adoption shall include the information in paragraph C if the
petitioner seeks to adopt a related child or adult.
G. A petition for adoption to re-adopt a child after an intercountry adoption shall include the information specified in sub-paragraphs (a), (b), (c), (d), (e), (i) and (k) of paragraph B.
(Source: P.A. 99-49, eff. 7-15-15.)