HB1699 EnrolledLRB097 07861 AJO 47975 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
55, 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
9child, shall be commenced by the filing of a petition within 30
10days after such child has become available for adoption,
11provided that such petition may be filed at a later date by
12leave of court upon a showing that the failure to file such
13petition within such 30 day period was not due to the
14petitioners' culpable negligence or their wilful disregard of
15the provisions of this Section. In the case of a child born
16outside the United States or a territory thereof, if the
17prospective adoptive parents of such child have been appointed
18guardians of such child by a court of competent jurisdiction in
19a country other than the United States or a territory thereof,
20such parents shall file a petition as provided in this Section
21within 30 days after entry of the child into the United States.
22A petition to adopt an adult or a related child may be filed at
23any time. A petition for adoption may include more than one

 

 

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1person sought to be adopted.
2    B. A petition to adopt a child other than a related child
3shall 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
5information specified in sub-paragraphs (a), (b), (d), (e),
6(f), (i) and (k) of paragraph B and a petition to adopt an
7adult shall contain the information required by sub-paragraphs
8(a), (b) and (i) of paragraph B in addition to the name, place,
9date 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
12furnish the Clerk of the Court in which the petition is pending
13such information not contained in such petition as shall be
14necessary to enable the Clerk of such Court to complete a
15certificate of adoption as hereinafter provided.
16    F. A petition for standby adoption shall conform to the
17requirements of this Act with respect to petition contents,
18verification, and filing. The petition for standby adoption
19shall also state the facts concerning the consent of the
20child's parent to the standby adoption. A petition for standby
21adoption shall include the information in paragraph B if the
22petitioner seeks to adopt a child other than a related child. A
23petition for standby adoption shall include the information in
24paragraph C if the petitioner seeks to adopt a related child or
25adult.
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
3adoption.
4    (a) Except as hereinafter provided in this Section consents
5or surrenders shall be required in all cases, unless the person
6whose consent or surrender would otherwise be required shall be
7found 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
17of a minor child, the consents of the following persons shall
18be 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
22of a placement for adoption of a minor child by an agency, the
23surrenders 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)
14and (c)(1), no showing shall be required of diligent efforts by
15a person or agency to encourage the father to perform the acts
16specified therein.
17    (e) In the case of the adoption of an adult, only the
18consent 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
22surrender.
23    A. A consent or a surrender signed taken not less than 72
24hours after the birth of the child is irrevocable except as
25provided in Section 11 of this Act.

 

 

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1    B. No consent or surrender shall be signed taken within the
272 hour period immediately following the birth of the child.
3    C. A consent or a surrender may be signed by taken from the
4father prior to the birth of the child. Such consent or
5surrender shall be revoked if, within 72 hours after the birth
6of the child, the father who gave such consent or surrender,
7notifies in writing the person, agency or court representative
8who acknowledged took the surrender or consent or any
9individual representing or connected with such person, agency
10or court representative of the revocation of the consent or
11surrender.
12    D. Any consent or surrender signed taken in accordance with
13paragraph C above which is not revoked within 72 hours after
14the birth of the child is irrevocable except as provided in
15Section 11 of this Act.
16    E. Consent may be given to a standby adoption by a parent
17whose consent is required pursuant to Section 8 of this Act to
18become effective when the consenting parent of the child dies
19or that parent requests that the final judgment of adoption be
20entered.
21    F. A waiver as provided in subsection S of Section 10 of
22this Act may be signed by a putative father or legal father of
23the child at any time prior to or after the birth of the child.
24A waiver is irrevocable except as provided in Section 11 of
25this 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
3acknowledgment thereof.
4    A. The form of consent required for the adoption of a born
5child shall be substantially as follows:
6
FINAL AND IRREVOCABLE CONSENT TO ADOPTION
7    I, ...., (relationship, e.g., mother, father, relative,
8guardian) 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
13waive service of summons on me.
14    That I hereby acknowledge that I have been provided with a
15copy of the Birth Parent Rights and Responsibilities-Private
16Form before signing this Consent and that I have had time to
17read, or have had read to me, this Form. I understand that if I
18do not receive any of the rights as described in this Form, it
19shall not constitute a basis to revoke this Final and
20Irrevocable Consent.
21    That I do hereby consent and agree to the adoption of such
22child.
23    That I wish to and understand that by signing this consent
24I do irrevocably and permanently give up all custody and other
25parental rights I have to such child.

 

 

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1    That I understand such child will be placed for adoption
2and that I cannot under any circumstances, after signing this
3document, change my mind and revoke or cancel this consent or
4obtain or recover custody or any other rights over such child.
5That I have read and understand the above and I am signing it
6as my free and voluntary act.
7    Dated (insert date).
8.........................
 
9    If under Section 8 the consent of more than one person is
10required, then each such person shall execute a separate
11consent.
12    A-1. (1) The form of the Final and Irrevocable Consent to
13Adoption by a Specified Person or Persons: Non-DCFS Case set
14forth in this subsection A-1 is to be used by legal parents
15only. This form is not to be used in cases in which there is a
16pending petition under Section 2-13 of the Juvenile Court Act
17of 1987.
18    (2) The form of the Final and Irrevocable Consent to
19Adoption by a Specified Person or Persons in a non-DCFS case
20shall have the caption of the proceeding in which it is to be
21filed 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 ...
2and 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
6waive service of summons on me.
7    5. That I hereby acknowledge that I have been provided a
8copy of the Birth Parent Rights and Responsibilities-Private
9Form before signing this Consent and that I have had time to
10read, or have had read to me, this Form and that I understand
11the Rights and Responsibilities described in this Form. I
12understand that if I do not receive any of my rights as
13described in said Form, it shall not constitute a basis to
14revoke this Final and Irrevocable Consent to Adoption by a
15Specified Person.
16    6. That I do hereby consent and agree to the adoption of
17such child by .... (specified persons) only.
18    7. That I wish to and understand that upon signing this
19consent I do irrevocably and permanently give up all custody
20and other parental rights I have to such child if such child is
21adopted by .... (specified person or persons). I hereby
22transfer all of my rights to the custody, care and control of
23such child to ............................. (specified person
24or persons).
25    8. That I understand such child will be adopted by
26....................... (specified person or persons) and that

 

 

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1I cannot under any circumstances, after signing this document,
2change my mind and revoke or cancel this consent or obtain or
3recover custody or any other rights over such child if
4............................ (specified person or persons)
5adopt(s) such child; PROVIDED that each specified person has
6filed or shall file, within 60 days from the date hereof, a
7petition for the adoption of such child.
8    9. That if the specified person or persons designated
9herein do not file a petition for adoption within the
10time-frame specified above, or, if said petition for adoption
11is filed within the time-frame specified above but the adoption
12petition is dismissed with prejudice or the adoption proceeding
13is otherwise concluded without an order declaring the child to
14be the adopted child of the specified person or persons, then I
15understand that I will receive written notice of such
16circumstances within 10 business days of their occurrence. I
17understand that the notice will be directed to me using the
18contact information I have provided in this consent. I
19understand that I will have 10 business days from the date that
20the written notice is sent to me to respond, within which time
21I may request the Court to declare this consent voidable and
22return the child to me. I further understand that the Court
23will make the final decision of whether or not the child will
24be returned to me. If I do not make such request within 10
25business days of the date of the notice, then I expressly waive
26any other notice or service of process in any legal proceeding

 

 

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1for the adoption of the child.
2    10. That I expressly acknowledge that nothing in this
3Consent impairs the validity and absolute finality of this
4Consent under any circumstance other than those described in
5paragraph 9 of this Consent.
6    11. That I understand that I have a remaining duty and
7obligation to keep .............. (insert name and address of
8the attorney for the specified person or persons) informed of
9my current address or other preferred contact information until
10this adoption has been finalized. My failure to do so may
11result in the termination of my parental rights and the child
12being placed for adoption in another home.
13    12. That I do expressly waive any other notice or service
14of process in any of the legal proceedings for the adoption of
15the child as long as the adoption proceeding by the specified
16person or persons is pending.
17    13. That I have read and understand the above and I am
18signing it as my free and voluntary act.
19    14. That I acknowledge that this consent is valid even if
20the specified person or persons separate or divorce or one of
21the specified persons dies prior to the entry of the final
22judgment 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
8Final and Irrevocable Consent for Adoption by a Specified
9Person or Persons: Non-DCFS Case shall be substantially as
10follows:
 
11STATE OF ..............)
12                       ) SS.
13COUNTY OF .............)
14    I, .................... (Name of Judge or other person),
15..................... (official title, name, and address),
16certify that ............., personally known to me to be the
17same person whose name is subscribed to the foregoing Final and
18Irrevocable Consent for Adoption by a Specified Person or
19Persons; non-DCFS case, appeared before me this day in person
20and acknowledged that (she)(he) signed and delivered the
21consent as (her)(his) free and voluntary act, for the specified
22purpose. I am further satisfied that, before signing this
23Consent, ........ has read, or has had read to him or her, the
24Birth Parent Rights and Responsibilities-Private Form.
25    A-2. Birth Parent Rights and Responsibilities-Private

 

 

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1Form. The Birth Parent Rights and Responsibilities-Private
2Form must be read by, or have been read to, any person
3executing a Final and Irrevocable Consent to Adoption under
4subsection A, a Final and Irrevocable Consent to Adoption by a
5Specified Person or Persons: Non-DCFS Case under subsection
6A-1, or a Consent to Adoption of Unborn Child under subsection
7B prior to the execution of said Consent. The form of the Birth
8Parent Rights and Responsibilities-Private Form shall be
9substantially as follows:
10
Birth Parent Rights and Responsibilities-Private Form
11    As a birth parent in the State of Illinois, you have the
12right:
13    1. To have your own attorney represent you. The prospective
14adoptive parents may agree to pay for the cost of your attorney
15in a manner consistent with Illinois law, but they are not
16required to do so.
17    2. To be treated with dignity and respect at all times and
18to make decisions free from coercion and pressure.
19    3. To receive counseling before and after signing a Final
20and Irrevocable Consent to Adoption ("Consent"), a Final and
21Irrevocable Consent to Adoption by a Specified Person or
22Persons: Non-DCFS Case ("Specified Consent"), or a Consent to
23Adoption of Unborn Child ("Unborn Consent"). The prospective
24adoptive parents may agree to pay for the cost of counseling in
25a manner consistent with Illinois law, but they are not
26required to do so.

 

 

HB1699 Enrolled- 21 -LRB097 07861 AJO 47975 b

1    4. To ask to be involved in choosing your child's
2prospective adoptive parents and to ask to meet them.
3    5. To ask your child's prospective adoptive parents any
4questions that pertain to your decision to place your child
5with them.
6    6. To see your child before signing a Consent or Specified
7Consent.
8    7. To request contact with your child and/or the child's
9prospective adoptive parents, with the understanding that any
10promises regarding contact with your child or receipt of
11information about the child after signing a Consent, Specified
12Consent, or Unborn Consent cannot be enforced under Illinois
13law.
14    8. To receive copies of all documents that you sign and
15have those documents provided to you in your preferred
16language.
17    9. To request that your identifying information remain
18confidential, unless required otherwise by Illinois law or
19court order, and to register with the Illinois Adoption
20Registry and Medical Information Exchange.
21    10. To work with an adoption agency or attorney of your
22choice, or change said agency or attorney, provided you
23promptly inform all of the parties currently involved.
24    11. To receive, upon request, a written list of any
25promised support, financial or otherwise, from your attorney or
26the attorney for your child's prospective adoptive parents.

 

 

HB1699 Enrolled- 22 -LRB097 07861 AJO 47975 b

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

 

 

HB1699 Enrolled- 23 -LRB097 07861 AJO 47975 b

1    B. The form of consent required for the adoption of an
2unborn child shall be substantially as follows:
3
CONSENT TO ADOPTION OF UNBORN CHILD
4    I, ...., state:
5    That I am the father of a child expected to be born on or
6about .... to .... (name of mother).
7    That I reside at .... County of ...., and State of .....
8    That I am of the age of .... years.
9    That I hereby enter my appearance in such adoption
10proceeding and waive service of summons on me.
11    That I hereby acknowledge that I have been provided with a
12copy of the Birth Parent Rights and Responsibilities-Private
13Form before signing this Consent, and that I have had time to
14read, or have had read to me, this Form. I understand that if I
15do not receive any of the rights as described in this Form, it
16shall not constitute a basis to revoke this Consent to Adoption
17of Unborn Child.
18    That I do hereby consent and agree to the adoption of such
19child, and that I have not previously executed a consent or
20surrender with respect to such child.
21    That I wish to and do understand that by signing this
22consent I do irrevocably and permanently give up all custody
23and other parental rights I have to such child, except that I
24have the right to revoke this consent by giving written notice
25of my revocation not later than 72 hours after the birth of the
26child.

 

 

HB1699 Enrolled- 24 -LRB097 07861 AJO 47975 b

1    That I understand such child will be placed for adoption
2and that, except as hereinabove provided, I cannot under any
3circumstances, after signing this document, change my mind and
4revoke or cancel this consent or obtain or recover custody or
5any other rights over such child.
6    That I have read and understand the above and I am signing
7it 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
11standby adoption by a specified person or persons. A consent
12under this subsection B-5 shall be acknowledged by a parent
13pursuant to subsection H and subsection K of this Section. The
14form of consent required for the standby adoption of a born
15child effective at a future date when the consenting parent of
16the child dies or requests that a final judgment of adoption be
17entered 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
26waive service of summons on me in this action only.

 

 

HB1699 Enrolled- 25 -LRB097 07861 AJO 47975 b

1    That I do hereby consent and agree to the standby adoption
2of the child, and that I have not previously executed a consent
3or surrender with respect to the child.
4    That I wish to and understand that by signing this consent
5I do irrevocably and permanently give up all custody and other
6parental rights I have to the child, effective upon (my death)
7(the child's other parent's death) or upon (my) (the other
8parent's) request for the entry of a final judgment for
9adoption if ..... (specified person or persons) adopt my child.
10    That I understand that until (I die) (the child's other
11parent dies), I retain all legal rights and obligations
12concerning the child, but at that time, I irrevocably give all
13custody and other parental rights to .... (specified person or
14persons).
15    I understand my child will be adopted by ....... (specified
16person or persons) only and that I cannot, under any
17circumstances, after signing this document, change my mind and
18revoke or cancel this consent or obtain or recover custody or
19any other rights over my child if ..... (specified person or
20persons) adopt my child.
21    I understand that this consent to standby adoption is valid
22only if the petition for standby adoption is filed and that if
23....... (specified person or persons), for any reason, cannot
24or will not file a petition for standby adoption or if his,
25her, or their petition for standby adoption is denied, then
26this consent is void. I have the right to notice of any other

 

 

HB1699 Enrolled- 26 -LRB097 07861 AJO 47975 b

1proceeding that could affect my parental rights.
2    That I have read and understand the above and I am signing
3it as my free and voluntary act.
4    Dated (insert date).
5....................
 
6    If under Section 8 the consent of more than one person is
7required, then each such person shall execute a separate
8consent. A separate consent shall be executed for each child.
9    (2) If the parent consents to a standby adoption by 2
10specified persons, then the form shall contain 2 additional
11paragraphs in substantially the following form:
12    If .... (specified persons) obtain a judgment of
13dissolution of marriage before the judgment for adoption is
14entered, then ..... (specified person) shall adopt my child. I
15understand that I cannot change my mind and revoke this consent
16or obtain or recover custody of my child if ..... (specified
17persons) obtain a judgment of dissolution of marriage and .....
18(specified person) adopts my child. I understand that I cannot
19change my mind and revoke this consent if ...... (specified
20persons) obtain a judgment of dissolution of marriage before
21the adoption is final. I understand that this consent to
22adoption has no effect on who will get custody of my child if
23..... (specified persons) obtain a judgment of dissolution of
24marriage after the adoption is final. I understand that if
25either ..... (specified persons) dies before the petition to

 

 

HB1699 Enrolled- 27 -LRB097 07861 AJO 47975 b

1adopt my child is granted, then the surviving person may adopt
2my child. I understand that I cannot change my mind and revoke
3this consent or obtain or recover custody of my child if the
4surviving person adopts my child.
5    A consent to standby adoption by specified persons on this
6form shall have no effect on a court's determination of custody
7or visitation under the Illinois Marriage and Dissolution of
8Marriage Act if the marriage of the specified persons is
9dissolved before the adoption is final.
10    (3) The form of the certificate of acknowledgement for a
11Final and Irrevocable Consent for Standby Adoption shall be
12substantially as follows:
 
13STATE OF .....)
14              ) SS.
15COUNTY OF ....)
 
16    I, ....... (name of Judge or other person) ..... (official
17title, name, and address), certify that ......., personally
18known to me to be the same person whose name is subscribed to
19the foregoing Final and Irrevocable Consent to Standby
20Adoption, appeared before me this day in person and
21acknowledged that (she) (he) signed and delivered the consent
22as (her) (his) free and voluntary act, for the specified
23purpose.
24    I have fully explained that this consent to adoption is

 

 

HB1699 Enrolled- 28 -LRB097 07861 AJO 47975 b

1valid only if the petition to adopt is filed, and that if the
2specified person or persons, for any reason, cannot or will not
3adopt the child or if the adoption petition is denied, then
4this consent will be void. I have fully explained that if the
5specified person or persons adopt the child, by signing this
6consent (she) (he) is irrevocably and permanently
7relinquishing all parental rights to the child, and (she) (he)
8has 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
12form, the consent shall be valid only if the specified person
13or persons adopt the child. The consent shall be void if:
14    (a) the specified person or persons do not file a petition
15for 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
18the consent if the standby adoption by the specified person or
19persons does not occur, notwithstanding the provisions of
20Section 11 of this Act.
21    C. The form of surrender to any agency given by a parent of
22a born child who is to be subsequently placed for adoption
23shall be substantially as follows and shall contain such other
24facts and statements as the particular agency shall require.
25
FINAL AND IRREVOCABLE SURRENDER
26
FOR PURPOSES OF ADOPTION

 

 

HB1699 Enrolled- 29 -LRB097 07861 AJO 47975 b

1    I, .... (relationship, e.g., mother, father, relative,
2guardian) 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
7and control of such child to the .... (the "Agency"), a
8(public) (licensed) child welfare agency with its principal
9office in the City of ...., County of .... and State of ....,
10for the purpose of enabling it to care for and supervise the
11care of such child, to place such child for adoption and to
12consent to the legal adoption of such child.
13    That I hereby grant to the Agency full power and authority
14to place such child with any person or persons it may in its
15sole discretion select to become the adopting parent or parents
16and to consent to the legal adoption of such child by such
17person or persons; and to take any and all measures which, in
18the judgment of the Agency, may be for the best interests of
19such child, including authorizing medical, surgical and dental
20care and treatment including inoculation and anaesthesia for
21such child.
22    That I wish to and understand that by signing this
23surrender I do irrevocably and permanently give up all custody
24and other parental rights I have to such child.
25    That I understand I cannot under any circumstances, after
26signing this surrender, change my mind and revoke or cancel

 

 

HB1699 Enrolled- 30 -LRB097 07861 AJO 47975 b

1this surrender or obtain or recover custody or any other rights
2over such child.
3    That I have read and understand the above and I am signing
4it as my free and voluntary act.
5    Dated (insert date).
6........................
7    C-5. The form of a Final and Irrevocable Designated
8Surrender for Purposes of Adoption to any agency given by a
9parent of a born child who is to be subsequently placed for
10adoption is to be used by legal parents only. The form shall be
11substantially as follows and shall contain such other facts and
12statements 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,
16guardian) 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
22custody and control of such child to the .... (the "Agency"), a
23(public) (licensed) child welfare agency with its principal
24office in the City of ...., County of .... and State of ....,
25for the purpose of enabling it to care for and supervise the
26care of such child, to place such child for adoption with

 

 

HB1699 Enrolled- 31 -LRB097 07861 AJO 47975 b

1............................. (specified person or persons)
2and to consent to the legal adoption of such child and to take
3any and all measures which, in the judgment of the Agency, may
4be for the best interests of such child, including authorizing
5medical, surgical and dental care and treatment including
6inoculation and anesthesia for such child.
7    5. That I wish to and understand that by signing this
8surrender I do irrevocably and permanently give up all custody
9and other parental rights I have to such child.
10    6. That if the petition for adoption is not filed by the
11specified person or persons designated herein or, if the
12petition for adoption is filed but the adoption petition is
13dismissed with prejudice or the adoption proceeding is
14otherwise concluded without an order declaring the child to be
15the adopted child of each specified person, then I understand
16that the Agency will provide notice to me within 10 business
17days and that such notice will be directed to me using the
18contact information I have provided to the Agency. I understand
19that I will have 10 business days from the date that the Agency
20sends me its notice to respond, within which time I may choose
21to designate other adoptive parent(s). However, I acknowledge
22that the Agency has full power and authority to place the child
23for adoption with any person or persons it may in its sole
24discretion select to become the adopting parent or parents and
25to consent to the legal adoption of the child by such person or
26persons.

 

 

HB1699 Enrolled- 32 -LRB097 07861 AJO 47975 b

1    7. That I acknowledge that this surrender is valid even if
2the specified persons separate or divorce or one of the
3specified persons dies prior to the entry of the final judgment
4for adoption.
5    8. That I expressly acknowledge that the above paragraphs 6
6and 7 do not impair the validity and absolute finality of this
7surrender under any circumstance.
8    9. That I understand that I have a remaining obligation to
9keep the Agency informed of my current contact information
10until the adoption of the child has been finalized if I wish to
11be notified in the event the adoption by the specified
12person(s) cannot proceed.
13    10. That I understand I cannot under any circumstances,
14after signing this surrender, change my mind and revoke or
15cancel this surrender or obtain or recover custody or any other
16rights over such child.
17    11. That I have read and understand the above and I am
18signing 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
22an unborn child who is to be subsequently placed for adoption
23shall be substantially as follows and shall contain such other
24facts and statements as the particular agency shall require.
25
SURRENDER OF UNBORN CHILD FOR
26
PURPOSES OF ADOPTION

 

 

HB1699 Enrolled- 33 -LRB097 07861 AJO 47975 b

1    I, .... (father), state:
2    That I am the father of a child expected to be born on or
3about .... 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
7and control of such child to the .... (the "Agency"), a
8(public) (licensed) child welfare agency with its principal
9office in the City of ...., County of .... and State of ....,
10for the purpose of enabling it to care for and supervise the
11care of such child, to place such child for adoption and to
12consent to the legal adoption of such child, and that I have
13not previously executed a consent or surrender with respect to
14such child.
15    That I hereby grant to the Agency full power and authority
16to place such child with any person or persons it may in its
17sole discretion select to become the adopting parent or parents
18and to consent to the legal adoption of such child by such
19person or persons; and to take any and all measures which, in
20the judgment of the Agency, may be for the best interests of
21such child, including authorizing medical, surgical and dental
22care and treatment, including inoculation and anaesthesia for
23such child.
24    That I wish to and understand that by signing this
25surrender I do irrevocably and permanently give up all custody
26and other parental rights I have to such child.

 

 

HB1699 Enrolled- 34 -LRB097 07861 AJO 47975 b

1    That I understand I cannot under any circumstances, after
2signing this surrender, change my mind and revoke or cancel
3this surrender or obtain or recover custody or any other rights
4over such child, except that I have the right to revoke this
5surrender by giving written notice of my revocation not later
6than 72 hours after the birth of such child.
7    That I have read and understand the above and I am signing
8it as my free and voluntary act.
9    Dated (insert date).
10........................
11    E. The form of consent required from the parents for the
12adoption of an adult, when such adult elects to obtain such
13consent, 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
18adult by .... and .....
19    Dated (insert date).
20.........................
21    F. The form of consent required for the adoption of a child
22of the age of 14 years or upwards, or of an adult, to be given
23by such person, shall be substantially as follows:
24
CONSENT
25    I, ...., state:
26    That I reside at ...., County of .... and State of .....

 

 

HB1699 Enrolled- 35 -LRB097 07861 AJO 47975 b

1That I am of the age of .... years. That I consent and agree to
2my adoption by .... and .....
3    Dated (insert date).
4........................
5    G. The form of consent given by an agency to the adoption
6by specified persons of a child previously surrendered to it
7shall set forth that the agency has the authority to execute
8such consent. The form of consent given by a guardian of the
9person of a child sought to be adopted, appointed by a court of
10competent jurisdiction, shall set forth the facts of such
11appointment and the authority of the guardian to execute such
12consent.
13    H. A consent (other than that given by an agency, or
14guardian of the person of the child sought to be adopted who
15was appointed by a court of competent jurisdiction) shall be
16acknowledged by a parent before a judge of a court of competent
17jurisdiction or, except as otherwise provided in this Act,
18before a representative of an agency, or before a person, other
19than the attorney for the prospective adoptive parent or
20parents, designated by a court of competent jurisdiction.
21    I. A surrender, or any other document equivalent to a
22surrender, by which a child is surrendered to an agency shall
23be acknowledged by the person signing such surrender, or other
24document, before a judge of a court of competent jurisdiction,
25or, except as otherwise provided in this Act, before a
26representative of an agency, or before a person designated by a

 

 

HB1699 Enrolled- 36 -LRB097 07861 AJO 47975 b

1court of competent jurisdiction.
2    J. The form of the certificate of acknowledgment for a
3consent, a surrender, or any other document equivalent to a
4surrender, shall be substantially as follows:
5STATE OF ....)
6             ) SS.
7COUNTY OF ...)
8    I, .... (Name of judge or other person), .... (official
9title, name and location of court or status or position of
10other person), certify that ...., personally known to me to be
11the same person whose name is subscribed to the foregoing
12(consent) (surrender), appeared before me this day in person
13and acknowledged that (she) (he) signed and delivered such
14(consent) (surrender) as (her) (his) free and voluntary act,
15for the specified purpose.
16    I have fully explained that by signing such (consent)
17(surrender) (she) (he) is irrevocably relinquishing all
18parental rights to such child or adult and (she) (he) has
19stated that such is (her) (his) intention and desire. (Add if
20Consent only) I am further satisfied that, before signing this
21Consent, ........ has read, or has had read to him or her, the
22Birth Parent Rights and Responsibilities-Private Form.
23    Dated (insert date).
24    Signature ...............
25    K. When the execution of a consent or a surrender is
26acknowledged before someone other than a judge, such other

 

 

HB1699 Enrolled- 37 -LRB097 07861 AJO 47975 b

1person shall have his or her signature on the certificate
2acknowledged before a notary public, in form substantially as
3follows:
4STATE OF ....)
5             ) SS.
6COUNTY OF ...)
7    I, a Notary Public, in and for the County of ......, in the
8State of ......, certify that ...., personally known to me to
9be the same person whose name is subscribed to the foregoing
10certificate of acknowledgment, appeared before me in person and
11acknowledged that (she) (he) signed such certificate as (her)
12(his) free and voluntary act and that the statements made in
13the certificate are true.
14    Dated (insert date).
15    
Signature ...................... Notary Public
16
(official seal)

 
17    There shall be attached a certificate of magistracy, or
18other comparable proof of office of the notary public
19satisfactory to the court, to a consent signed and acknowledged
20in another state.
21    L. A surrender or consent executed and acknowledged outside
22of this State, either in accordance with the law of this State
23or in accordance with the law of the place where executed, is
24valid.
25    M. Where a consent or a surrender is signed in a foreign

 

 

HB1699 Enrolled- 38 -LRB097 07861 AJO 47975 b

1country, the execution of such consent shall be acknowledged or
2affirmed in a manner conformable to the law and procedure of
3such country.
4    N. If the person signing a consent or surrender is in the
5military service of the United States, the execution of such
6consent or surrender may be acknowledged before a commissioned
7officer and the signature of such officer on such certificate
8shall be verified or acknowledged before a notary public or by
9such other procedure as is then in effect for such division or
10branch of the armed forces.
11    O. (1) The parent or parents of a child in whose interests
12a petition under Section 2-13 of the Juvenile Court Act of 1987
13is pending may, with the approval of the designated
14representative of the Department of Children and Family
15Services, execute a consent to adoption by a specified person
16or 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.
25A consent under this subsection O shall be acknowledged by a
26parent pursuant to subsection H and subsection K of this

 

 

HB1699 Enrolled- 39 -LRB097 07861 AJO 47975 b

1Section.
2    (2) The consent to adoption by a specified person or
3persons shall have the caption of the proceeding in which it is
4to 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,
9state:
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).

 

 

HB1699 Enrolled- 40 -LRB097 07861 AJO 47975 b

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
2persons, then the form shall contain 2 additional paragraphs in
3substantially 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
24shall have no effect on a court's determination of custody or
25visitation under the Illinois Marriage and Dissolution of
26Marriage Act if the marriage of the specified persons is

 

 

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1dissolved after the adoption is final.
2    (4) The form of the certificate of acknowledgement for a
3Final and Irrevocable Consent for Adoption by a Specified
4Person or Persons: DCFS Case shall be substantially as follows:
 
5STATE OF ..............)
6                       ) SS.
7COUNTY OF .............)
 
8    I, .................... (Name of Judge or other person),
9..................... (official title, name, and address),
10certify that ............., personally known to me to be the
11same person whose name is subscribed to the foregoing Final and
12Irrevocable Consent for Adoption by a Specified Person or
13Persons, appeared before me this day in person and acknowledged
14that (she)(he) signed and delivered the consent as (her)(his)
15free and voluntary act, for the specified purpose.
16    I have fully explained that this consent to adoption is
17valid only if the petition to adopt is filed within one year
18from the date that it is signed, and that if the specified
19person or persons, for any reason, cannot or will not adopt the
20child or if the adoption petition is denied, then this consent
21will be voidable after one year upon the timely filing of a
22motion by the parent to revoke the consent. I explained that if
23this motion is filed before the filing of the petition for
24adoption, the court shall revoke this specific consent. I have

 

 

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1fully explained that if the specified person or persons adopt
2the child, by signing this consent this parent is irrevocably
3and permanently relinquishing all parental rights to the child,
4and this parent has stated that such is (her)(his) intention
5and desire.
6    Dated (insert date).
7    ...............................
8    Signature
9    (5) If a consent to adoption by a specified person or
10persons is executed in this form, the following provisions
11shall apply. The consent shall be valid only if that specified
12person or persons adopt the child. The consent shall be
13voidable 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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1of Children and Family Services Guardianship Administrator
2shall make good faith attempts to notify the parent in writing
3and shall give written notice to the court and all additional
4parties in writing that the adoption has not occurred or will
5not occur and that the consent is void. If the adoption by a
6specified person or persons does not occur, no proceeding for
7termination of parental rights shall be brought unless the
8biological parent who executed the consent to adoption by a
9specified person or persons has been notified of the proceeding
10pursuant to Section 7 of this Act or subsection (4) of Section
112-13 of the Juvenile Court Act of 1987. The parent shall not
12need to take further action to revoke the consent if the
13specified adoption does not occur, notwithstanding the
14provisions of Section 11 of this Act.
15    (6) The Department of Children and Family Services is
16authorized to promulgate rules necessary to implement this
17subsection O.
18    (7) The Department shall collect and maintain data
19concerning the efficacy of specific consents. This data shall
20include the number of specific consents executed and their
21outcomes, including but not limited to the number of children
22adopted pursuant to the consents, the number of children for
23whom adoptions are not completed, and the reason or reasons why
24the adoptions are not completed.
25    P. If the person signing a consent is incarcerated or
26detained in a correctional facility, prison, jail, detention

 

 

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1center, or other comparable institution, either in this State
2or any other jurisdiction, the execution of such consent may be
3acknowledged before social service personnel of such
4institution, or before a person designated by a court of
5competent jurisdiction.
6    Q. A consent may be acknowledged telephonically, via
7audiovisual connection, or other electronic means, provided
8that a court of competent jurisdiction has entered an order
9approving the execution of the consent in such manner and has
10designated an individual to be physically present with the
11parent executing such consent in order to verify the identity
12of the parent.
13    R. An agency whose representative is acknowledging a
14consent pursuant to this Section shall be a public child
15welfare agency, or a child welfare agency, or a child placing
16agency that is authorized or licensed in the State or
17jurisdiction in which the consent is signed.
18    S. The form of waiver by a putative or legal father of a
19born 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
23follows:
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    ...........................................

 

 

HB1699 Enrolled- 48 -LRB097 07861 AJO 47975 b

1    Signature
 
2
OATH
3I have been duly sworn and I state under oath that I have read
4and understood this Final and Irrevocable Waiver of Parental
5Rights of Putative or Legal Father. The facts contained in it
6are true and correct to the best of my knowledge. I have signed
7this document as my free and voluntary act in order to
8facilitate the adoption of the child.
 
9..............................
10Signature
 
11Signed and Sworn before me on
12this ............ day
13of ..........., 20....
 
14...................
15Notary 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,
20including a minor, executed and acknowledged in accordance with
21the provisions of Section 10 8 of this Act, or a surrender of a

 

 

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1child by a parent, including a minor, to an agency for the
2purpose of adoption shall be irrevocable unless it shall have
3been obtained by fraud or duress on the part of the person
4before whom such consent, surrender, or other document
5equivalent to a surrender is acknowledged pursuant to the
6provisions of Section 10 of this Act or on the part of the
7adopting parents or their agents and a court of competent
8jurisdiction shall so find. No action to void or revoke a
9consent to or surrender for adoption, including an action based
10on fraud or duress, may be commenced after 12 months from the
11date the consent or surrender was executed. The consent or
12surrender of a parent who is a minor shall not be voidable
13because of such minority.
14    (a-1) A waiver signed by a putative or legal father,
15including a minor, executed and acknowledged in accordance with
16Section 10 of this Act, shall be irrevocable unless it shall
17have been obtained by fraud or duress on the part of the
18adopting parents or their agents and a court of competent
19jurisdiction shall so find. No action to void a waiver may be
20commenced after 12 months from the date the waiver was
21executed. The waiver of a putative or legal father who is a
22minor shall not be voidable because of such minority.
23    (b) The petitioners in an adoption proceeding are entitled
24to rely upon a sworn statement of the biological mother of the
25child to be adopted identifying the father of her child. The
26affidavit shall be conclusive evidence as to the biological

 

 

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1mother regarding the facts stated therein, and shall create a
2rebuttable presumption of truth as to the biological father
3only. Except as provided in Section 11 of this Act, the
4biological mother of the child shall be permanently barred from
5attacking the proceeding thereafter. The biological mother
6shall execute such affidavit in writing and under oath. The
7affidavit shall be executed by the biological mother before or
8at the time of execution of the consent or surrender, and shall
9be retained by the court and be a part of the Court's files.
10The form of affidavit shall be substantially as follows:
11
AFFIDAVIT OF IDENTIFICATION
12    I, ................., the mother of a (male or female)
13child, 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
18Village 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
21the 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
5deceased, having died on (insert date) at .............., in
6the State of ..................
7    (6B) If I do not know the identity of the biological
8father:
9    I do not know who the biological father is; the following
10is 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
16for 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
245, 6, and 7, inclusive, is true and correct.
25    (9) I have been informed and understand that if I am
26unwilling, refuse to identify, or misidentify the biological

 

 

HB1699 Enrolled- 52 -LRB097 07861 AJO 47975 b

1father of the child, absent fraud or duress, I am permanently
2barred from attacking the proceedings for the adoption of the
3child at any time after I sign a final and irrevocable consent
4to adoption or surrender for purposes of adoption.
5    (10) I have read this Affidavit and have had the
6opportunity to review and question it; it was explained to me
7by ............................; and I am signing it as my free
8and voluntary act and understand the contents and the results
9of signing it.
10    Dated (insert date).
11
...................................
12
Signature
13    Under penalties as provided by law under Section 1-109 of
14the Code of Civil Procedure, the undersigned certifies that the
15statements 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
20becoming law.