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Public Act 097-0493
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| HB1699 Enrolled | LRB097 07861 AJO 47975 b |
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Adoption Act is amended by changing Sections |
5, 8, 9, 10, and 11 as follows:
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(750 ILCS 50/5) (from Ch. 40, par. 1507)
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Sec. 5. Petition, contents, verification, filing.
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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
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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 |
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person sought to be adopted.
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B. A petition to adopt a child other than a related child |
shall state:
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(a) The full names of the petitioners and, if minors, |
their respective
ages;
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(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;
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(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;
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(d) The name, the place and date of birth if known, and |
the sex of the
child sought to be adopted;
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(e) The relationship, if any, of the child to each |
petitioner;
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(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) if the child has been |
surrendered to an agency, or (3) if 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 |
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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;
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(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;
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(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;
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(i) The name to be given the child or adult;
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(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
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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;
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(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 |
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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.
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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.
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D. The petition shall be verified by the petitioners.
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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.
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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.
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(Source: P.A. 91-357, eff. 7-29-99; 91-572, eff. 1-1-00.)
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(750 ILCS 50/8) (from Ch. 40, par. 1510)
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Sec. 8. Consents to adoption and surrenders for purposes of
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adoption.
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(a) Except as hereinafter provided in this
Section consents |
or surrenders shall be required in all cases, unless the
person |
whose
consent or surrender would otherwise be required shall be |
found by the
court:
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(1) to be an unfit person
as defined in Section
1 of |
this Act, by clear and convincing evidence; or
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(2) not to be the biological or adoptive father of the |
child; or
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(3) to have waived his parental rights to the child |
under Section 12a or
12.1 or subsection S of Section 10 of
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this Act; or
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(4) to be the parent of an adult
sought to be adopted; |
or
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(5) to be
the father of the child as a result of |
criminal sexual abuse or assault as
defined under Article |
12 of the Criminal Code of 1961; or
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(6) to be the father of a child who: |
(i) is a family member of the mother of the child, |
and the mother is under the age of 18 at the time of |
the child's conception; for purposes of this |
subsection, a "family member" is a parent, |
step-parent, grandparent, step-grandparent, sibling, |
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or cousin of the first degree, whether by whole blood, |
half-blood, or adoption, as well as a person age 18 or |
over at the time of the child's conception who has |
resided in the household with the mother continuously |
for at least one year; or |
(ii) is at least 5 years older than the child's |
mother, and the mother was under the age of 17 at the |
time of the child's conception, unless the mother and |
father voluntarily acknowledge the father's paternity |
of the child by marrying or by establishing the |
father's paternity by consent of the parties pursuant |
to the Illinois Parentage Act of 1984 or pursuant to a |
substantially similar statute in another state. |
A criminal conviction of any offense pursuant to |
Article 12 of the Criminal Code of 1961 is not required.
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(b) Where consents are required in the case of an adoption
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of a minor child, the consents of the following persons shall |
be
sufficient:
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(1) (A) The mother of the minor child; and
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(B) The father of the minor child, if the father:
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(i) was married to the mother on the date of |
birth of the child or
within
300 days before the |
birth of the child, except for a husband or former
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husband who has been found by a court of competent |
jurisdiction not to be the
biological father of the |
child; or
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(ii) is the father of the child under a |
judgment for adoption, an
order of parentage, or an |
acknowledgment of parentage or paternity pursuant
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to subsection (a) of Section 5 of the Illinois |
Parentage Act of 1984; or
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(iii) in the case of a child placed with the |
adopting parents less
than
6 months after birth, |
openly lived with the child, the child's |
biological
mother, or
both,
and
held himself out to |
be the child's biological father during the first |
30 days
following the birth of the child; or
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(iv) in the case of a child placed with the |
adopting parents less than
6
months after birth, |
made a good faith effort to pay a reasonable amount |
of the
expenses
related to the birth of the child |
and to provide a reasonable amount for the
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financial support of the child before the |
expiration of 30 days following the
birth of the |
child,
provided that the court may consider in its |
determination all
relevant circumstances, |
including the financial condition of both |
biological
parents; or
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(v) in the case of a child placed with the |
adopting parents
more
than 6 months after birth, |
has maintained substantial and continuous or
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repeated contact with the child as manifested by:
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(I) the payment by the father
toward the support of |
the child of a fair and reasonable sum, according |
to the
father's means, and either (II) the father's |
visiting the child at least
monthly
when |
physically and financially able to do so and not |
prevented from doing so
by the person or authorized |
agency having lawful custody of the child, or (III)
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the father's regular communication with the child |
or with the person or agency
having the care or |
custody of the child, when physically and |
financially unable
to visit the child or prevented |
from doing so by the person or authorized
agency |
having lawful custody of the child. The subjective |
intent of the
father,
whether expressed or |
otherwise unsupported by evidence of acts |
specified in
this sub-paragraph as manifesting |
such intent, shall not preclude a
determination |
that the father failed to maintain substantial and |
continuous or
repeated contact with the child; or
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(vi) in the case of a child placed with the |
adopting parents more than
six
months after birth, |
openly lived with the child for a period of six |
months
within the one year period immediately |
preceding the placement of the child for
adoption |
and openly held himself out to be the father of the |
child; or
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(vii) has timely registered with Putative |
Father Registry, as provided
in
Section 12.1 of |
this Act,
and prior to the expiration of 30 days |
from the date
of such registration, commenced |
legal
proceedings to establish paternity under the |
Illinois Parentage Act of 1984
or under the law of |
the jurisdiction of the child's birth; or
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(2) The legal guardian of the person of the child, if |
there
is no surviving parent; or
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(3) An agency, if the child has been surrendered for
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adoption to such agency; or
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(4) Any person or agency having legal custody of a |
child by court order
if the parental rights of the parents |
have been judicially terminated, and
the court having |
jurisdiction of the guardianship of the child has |
authorized
the consent to the adoption; or
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(5) The execution and
verification of the petition by |
any petitioner who is
also a parent of the child sought to |
be adopted shall be sufficient evidence
of such parent's |
consent to the adoption.
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(c) Where surrenders to an agency are required in the case |
of a placement
for adoption of a minor child by an agency, the |
surrenders of the following
persons shall be sufficient:
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(1) (A) The mother of the minor child; and
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(B) The father of the minor child, if the father:
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(i) was married to the mother on the date of |
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birth of the child or
within 300 days before the |
birth of the child, except for a husband or former
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husband who has been found by a court of competent |
jurisdiction not to be the
biological father of the |
child; or
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(ii) is the father of the child under a |
judgment for adoption, an
order of parentage, or an |
acknowledgment of parentage or paternity pursuant
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to subsection (a) of Section 5 of the Illinois |
Parentage Act of 1984; or
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(iii) in the case of a child placed with the |
adopting parents less
than
6 months after birth, |
openly lived with the child, the child's |
biological
mother, or
both,
and
held himself out to |
be the child's biological father during the first |
30 days
following the birth of a child; or
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(iv) in the case of a child placed with the |
adopting parents less than
6
months after birth, |
made a good faith effort to pay a reasonable amount |
of the
expenses
related to the birth of the child |
and to provide a reasonable amount for the
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financial support of the child before
the |
expiration of 30 days following the birth of
the
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child,
provided that the court may consider in its |
determination all relevant
circumstances, |
including the financial condition of both |
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biological parents;
or
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(v) in the case of a child placed with the |
adopting parents more than
six
months after birth, |
has maintained substantial and continuous or |
repeated
contact with the child as manifested by: |
(I) the payment by the father toward
the support of |
the child of a fair and reasonable sum, according |
to the
father's means, and either (II) the father's |
visiting the child at least
monthly when |
physically and financially able to do so and not |
prevented from
doing so by the person or authorized |
agency having lawful custody of the child
or (III) |
the father's regular communication with the child |
or with the person
or agency having the care or |
custody of the child, when physically and
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financially unable to visit the child or prevented |
from doing so by the person
or authorized agency |
having lawful custody of the child. The subjective
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intent of the father, whether expressed or |
otherwise, unsupported by evidence
of acts |
specified in this sub-paragraph as manifesting |
such intent, shall not
preclude a determination |
that the father failed to maintain substantial and
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continuous or repeated contact with the child; or
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(vi) in the case of a child placed with the |
adopting parents more than
six
months after birth, |
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openly lived with the child for a period of six |
months
within the one year period immediately |
preceding the placement of the child for
adoption |
and openly held himself out to be the father of the |
child; or
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(vii) has timely registered with the Putative |
Father Registry, as
provided
in Section 12.1 of |
this Act,
and prior to the expiration of 30 days |
from the date
of such
registration, commenced |
legal
proceedings to establish paternity under the |
Illinois Parentage Act of 1984, or
under the law of |
the jurisdiction of the child's birth.
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(d) In making a determination under subparagraphs (b)(1) |
and (c)(1), no
showing shall be required of diligent efforts by |
a person or agency to
encourage the father to perform the acts |
specified therein.
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(e) In the case of the adoption of an adult, only the |
consent of
such adult shall be required.
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(Source: P.A. 93-510, eff. 1-1-04; 94-530, eff. 1-1-06.)
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(750 ILCS 50/9) (from Ch. 40, par. 1511)
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Sec. 9. Time for
signing a waiver, taking a consent, or |
surrender.
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A. A consent or a surrender signed taken not less than 72 |
hours after the birth
of the child is irrevocable except as |
provided in Section 11 of this Act.
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B. No consent or surrender shall be signed taken within the |
72 hour period
immediately following the birth of the child.
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C. A consent or a surrender may be signed by taken from the |
father prior to the
birth of the child. Such consent or |
surrender shall be revoked if, within
72 hours after the birth |
of the child, the father who gave such consent or
surrender, |
notifies in writing the person, agency or court representative
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who acknowledged took the surrender or consent or any |
individual representing or
connected with such person, agency |
or court representative of the
revocation of the consent or |
surrender.
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D. Any consent or surrender signed taken in accordance with |
paragraph C above
which is not revoked within 72 hours after |
the birth of the child is
irrevocable except as provided in |
Section 11 of this Act.
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E. Consent may be given to a standby adoption by a parent
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whose
consent is required pursuant to Section 8 of this Act to |
become effective when
the consenting parent of the child dies |
or that parent requests that the final
judgment of
adoption be |
entered.
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F. A waiver as provided in subsection S of Section 10 of |
this Act may be signed by a putative father or legal father of |
the child at any time prior to or after the birth of the child. |
A waiver is irrevocable except as provided in Section 11 of |
this Act. |
(Source: P.A. 93-732, eff. 1-1-05.)
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(750 ILCS 50/10) (from Ch. 40, par. 1512)
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Sec. 10. Forms of consent and surrender; execution and
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acknowledgment thereof. |
A. The form of consent required for the
adoption of a born |
child shall be substantially as follows:
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FINAL AND IRREVOCABLE CONSENT TO ADOPTION
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I, ...., (relationship, e.g., mother, father, relative, |
guardian)
of ...., a ..male child, state:
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That such child was born on .... at ....
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That I reside at ...., County of .... and State of ....
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That I am of the age of .... years.
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That I hereby enter my appearance in this proceeding and |
waive
service of summons on me.
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That I hereby acknowledge that I have been provided with a |
copy of the Birth Parent Rights and Responsibilities-Private |
Form before signing this Consent and that I have had time to |
read, or have had read to me, this Form. I understand that if I |
do not receive any of the rights as described in this Form, it |
shall not constitute a basis to revoke this Final and |
Irrevocable Consent. |
That I do hereby consent and agree to the adoption of such |
child.
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That I wish to and understand that by signing this consent |
I do
irrevocably and permanently give up all custody and other |
parental
rights I have to such child.
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That I understand such child will be placed for adoption |
and that I
cannot under any circumstances, after signing this |
document, change my
mind and revoke or cancel this consent or |
obtain or recover custody or
any other rights over such child. |
That I have read and understand the
above and I am signing it |
as my free and voluntary act.
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Dated (insert date).
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.........................
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If under Section 8 the consent of more than one person is |
required,
then each such person shall execute a separate |
consent.
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A-1. (1) The form of the Final and Irrevocable Consent to |
Adoption by a Specified Person or Persons: Non-DCFS Case set |
forth in this subsection A-1 is to be used by legal parents |
only. This form is not to be used in cases in which there is a |
pending petition under Section 2-13 of the Juvenile Court Act |
of 1987. |
(2) The form of the Final and Irrevocable Consent to |
Adoption by a Specified Person or Persons in a non-DCFS case |
shall have the caption of the proceeding in which it is to be |
filed and shall be substantially as follows: |
FINAL AND IRREVOCABLE CONSENT TO ADOPTION BY |
A SPECIFIED PERSON OR PERSONS; NON-DCFS CASE |
I, ...., (relationship, e.g., mother, father) of ...., a |
..male child, state: |
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1. That such child was born on ...., at ....., City of ... |
and State of .... |
2. That I reside at ...., County of .... and State of .... |
3. That I am of the age of .... years. |
4. That I hereby enter my appearance in this proceeding and |
waive service of summons on me. |
5. That I hereby acknowledge that I have been provided a |
copy of the Birth Parent Rights and Responsibilities-Private |
Form before signing this Consent and that I have had time to |
read, or have had read to me, this Form and that I understand |
the Rights and Responsibilities described in this Form. I |
understand that if I do not receive any of my rights as |
described in said Form, it shall not constitute a basis to |
revoke this Final and Irrevocable Consent to Adoption by a |
Specified Person. |
6. That I do hereby consent and agree to the adoption of |
such child by .... (specified persons) only. |
7. That I wish to and understand that upon signing this |
consent I do irrevocably and permanently give up all custody |
and other parental rights I have to such child if such child is |
adopted by .... (specified person or persons). I hereby |
transfer all of my rights to the custody, care and control of |
such child to ............................. (specified person |
or persons). |
8. That I understand such child will be adopted by |
....................... (specified person or persons) and that |
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I cannot under any circumstances, after signing this document, |
change my mind and revoke or cancel this consent or obtain or |
recover custody or any other rights over such child if |
............................ (specified person or persons) |
adopt(s) such child; PROVIDED that each specified person has |
filed or shall file, within 60 days from the date hereof, a |
petition for the adoption of such child. |
9. That if the specified person or persons designated |
herein do not file a petition for adoption within the |
time-frame specified above, or, if said petition for adoption |
is filed within the time-frame specified above but the adoption |
petition is dismissed with prejudice or the adoption proceeding |
is otherwise concluded without an order declaring the child to |
be the adopted child of the specified person or persons, then I |
understand that I will receive written notice of such |
circumstances within 10 business days of their occurrence. I |
understand that the notice will be directed to me using the |
contact information I have provided in this consent. I |
understand that I will have 10 business days from the date that |
the written notice is sent to me to respond, within which time |
I may request the Court to declare this consent voidable and |
return the child to me. I further understand that the Court |
will make the final decision of whether or not the child will |
be returned to me. If I do not make such request within 10 |
business days of the date of the notice, then I expressly waive |
any other notice or service of process in any legal proceeding |
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for the adoption of the child. |
10. That I expressly acknowledge that nothing in this |
Consent
impairs the validity and absolute finality of this
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Consent under any circumstance other than those described in
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paragraph 9 of this Consent. |
11. That I understand that I have a remaining duty and
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obligation to keep .............. (insert name and address of |
the attorney
for the specified person or persons) informed of |
my current
address or other preferred contact information until |
this adoption has been finalized. My failure to
do so may |
result in the termination of my parental rights and
the child |
being placed for adoption in another home. |
12. That I do expressly waive any other notice or service |
of process in any of the legal proceedings for the adoption of |
the child as long as the adoption proceeding by the specified |
person or persons is pending. |
13. That I have read and understand the above and I am |
signing it as my free and voluntary act. |
14. That I acknowledge that this consent is valid even if |
the specified person or persons separate or divorce or one of |
the specified persons dies prior to the entry of the final |
judgment for adoption. |
Dated (insert date). |
............................................. |
Signature of parent. |
............................................. |
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Address of parent. |
............................................. |
Phone number(s) of parent. |
............................................. |
Personal email(s) of parent. |
............................................. |
(3) The form of the certificate of acknowledgement for a |
Final and Irrevocable Consent for Adoption by a Specified |
Person or Persons: Non-DCFS Case shall be substantially as |
follows:
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STATE OF ..............)
|
) SS.
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COUNTY OF .............) |
I, .................... (Name of Judge or other person), |
..................... (official title, name, and address), |
certify that ............., personally known to me to be the |
same person whose name is subscribed to the foregoing Final and |
Irrevocable Consent for Adoption by a Specified Person or |
Persons; non-DCFS case, appeared before me this day in person |
and acknowledged that (she)(he) signed and delivered the |
consent as (her)(his) free and voluntary act, for the specified |
purpose. I am further satisfied that, before signing this |
Consent, ........ has read, or has had read to him or her, the |
Birth Parent Rights and Responsibilities-Private Form. |
A-2. Birth Parent Rights and Responsibilities-Private |
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Form. The Birth Parent Rights and Responsibilities-Private |
Form must be read by, or have been read to, any person |
executing a Final and Irrevocable Consent to Adoption under |
subsection A, a Final and Irrevocable Consent to Adoption by a |
Specified Person or Persons: Non-DCFS Case under subsection |
A-1, or a Consent to Adoption of Unborn Child under subsection |
B prior to the execution of said Consent. The form of the Birth |
Parent Rights and Responsibilities-Private Form shall be |
substantially as follows: |
Birth Parent Rights and Responsibilities-Private Form |
As a birth parent in the State of Illinois, you have the |
right: |
1. To have your own attorney represent you. The prospective |
adoptive parents may agree to pay for the cost of your attorney |
in a manner consistent with Illinois law, but they are not |
required to do so. |
2. To be treated with dignity and respect at all times and |
to make decisions free from coercion and pressure. |
3. To receive counseling before and after signing a Final |
and Irrevocable Consent to Adoption ("Consent"), a Final and |
Irrevocable Consent to Adoption by a Specified Person or |
Persons: Non-DCFS Case ("Specified Consent"), or a Consent to |
Adoption of Unborn Child ("Unborn Consent"). The prospective |
adoptive parents may agree to pay for the cost of counseling in |
a manner consistent with Illinois law, but they are not |
required to do so. |
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4. To ask to be involved in choosing your child's |
prospective adoptive parents and to ask to meet them. |
5. To ask your child's prospective adoptive parents any |
questions that pertain to your decision to place your child |
with them. |
6. To see your child before signing a Consent or Specified |
Consent. |
7. To request contact with your child and/or the child's |
prospective adoptive parents, with the understanding that any |
promises regarding contact with your child or receipt of |
information about the child after signing a Consent, Specified |
Consent, or Unborn Consent cannot be enforced under Illinois |
law. |
8. To receive copies of all documents that you sign and |
have those documents provided to you in your preferred |
language. |
9. To request that your identifying information remain |
confidential, unless required otherwise by Illinois law or |
court order, and to register with the Illinois Adoption |
Registry and Medical Information Exchange. |
10. To work with an adoption agency or attorney of your |
choice, or change said agency or attorney, provided you |
promptly inform all of the parties currently involved. |
11. To receive, upon request, a written list of any |
promised support, financial or otherwise, from your attorney or |
the attorney for your child's prospective adoptive parents. |
|
12. To delay signing a Consent, Specified Consent, or |
Unborn Consent if you are not ready to do so. |
13. To decline to sign a Consent, Specified Consent, or |
Unborn Consent even if you have received financial support from |
the prospective adoptive parents. |
If you do not receive any of the rights described in this |
Form, it shall not be a basis to revoke a Consent, Specified |
Consent, or Unborn Consent. |
As a Birth Parent in the State of Illinois, you have the |
responsibility: |
1. To carefully consider your reasons for choosing |
adoption. |
2. To voluntarily provide all known medical, background, |
and family information about yourself and your immediate family |
to your child's prospective adoptive parents or their attorney. |
For the health of your child, you are strongly encouraged, but |
not required, to provide all known medical, background, and |
family history information about yourself and your family to |
your child's prospective adoptive parents or their attorney. |
3. (Birth mothers only) To accurately complete an Affidavit |
of Identification, which identifies the father of the child |
when known, with the understanding that a birth mother has a |
right to decline to identify the birth father. |
4. To not accept financial support or reimbursement of |
pregnancy related expenses simultaneously from more than one |
source. |
|
B. The form of consent required for the adoption of an |
unborn child
shall be substantially as follows:
|
CONSENT TO ADOPTION OF UNBORN CHILD
|
I, ...., state:
|
That I am the father of a child expected to be born on or |
about ....
to .... (name of mother).
|
That I reside at .... County of ...., and State of .....
|
That I am of the age of .... years.
|
That I hereby enter my appearance in such adoption |
proceeding and
waive service of summons on me.
|
That I hereby acknowledge that I have been provided with a |
copy of the Birth Parent Rights and Responsibilities-Private |
Form before signing this Consent, and that I have had time to |
read, or have had read to me, this Form. I understand that if I |
do not receive any of the rights as described in this Form, it |
shall not constitute a basis to revoke this Consent to Adoption |
of Unborn Child. |
That I do hereby consent and agree to the adoption of such |
child, and
that I have not previously executed a consent or |
surrender with respect
to such child.
|
That I wish to and do understand that by signing this |
consent I do
irrevocably and permanently give up all custody |
and other parental
rights I have to such child, except that I |
have the right to revoke this
consent by giving written notice |
of my revocation not later than 72
hours after the birth of the |
child.
|
|
That I understand such child will be placed for adoption |
and that,
except as hereinabove provided, I cannot under any |
circumstances, after
signing this document, change my mind and |
revoke or cancel this consent
or obtain or recover custody or |
any other rights over such child.
|
That I have read and understand the above and I am signing |
it as my
free and voluntary act.
|
Dated (insert date).
|
........................
|
B-5. (1) The parent of a child may execute a consent to |
standby
adoption by a specified person or persons. A consent |
under this subsection B-5
shall be acknowledged by a parent |
pursuant to subsection H and subsection K of
this Section.
The |
form of consent required for the standby adoption of a born |
child
effective at a future date when the consenting
parent of |
the child dies or
requests that a final judgment of adoption be |
entered shall be substantially as
follows:
|
FINAL AND IRREVOCABLE CONSENT
|
TO STANDBY ADOPTION
|
I, ..., (relationship, e.g. mother or father)
of ...., a |
..male child, state:
|
That the child was born on .... at .....
|
That I reside at ...., County of ...., and State of .....
|
That I am of the age of .... years.
|
That I hereby enter my appearance in this proceeding and |
waive service of
summons on me in this action only.
|
|
That I do hereby consent and
agree to the standby adoption |
of the child, and that I have not previously
executed a consent |
or surrender with respect to the child.
|
That I wish to and understand that by signing this consent |
I do irrevocably
and permanently give up all custody and other |
parental rights I have to the
child, effective upon
(my death) |
(the child's other parent's death) or upon (my) (the other
|
parent's) request for the entry of a final judgment for |
adoption if .....
(specified person or persons) adopt my child.
|
That I understand that until (I die) (the child's other |
parent dies), I
retain all legal rights and obligations |
concerning the child, but at that time,
I irrevocably give all |
custody and other parental rights to .... (specified
person or |
persons).
|
I understand my child will be adopted by ....... (specified |
person or
persons) only and that I cannot, under any |
circumstances, after signing this
document, change my mind and |
revoke or cancel this consent or obtain or recover
custody or |
any other rights over my child if ..... (specified person or
|
persons) adopt my child.
|
I understand that this consent to standby adoption is valid |
only if the
petition for standby adoption is filed and that if |
....... (specified person or
persons), for any reason, cannot |
or will not file a petition for standby
adoption or if his, |
her, or their petition for standby adoption is denied, then
|
this consent is void. I have the right to notice of any other |
|
proceeding that
could affect my parental rights.
|
That I have read and understand the above and I am signing |
it as my free and
voluntary act.
|
Dated (insert date).
|
....................
|
If under Section 8 the consent of more than one person is |
required, then each
such
person shall execute a separate |
consent. A separate consent shall be executed
for each
child.
|
(2) If the parent consents to a standby adoption by 2 |
specified persons,
then the form shall contain 2 additional |
paragraphs in substantially the
following form:
|
If .... (specified persons) obtain a judgment of
|
dissolution of
marriage before the judgment for adoption is |
entered, then .....
(specified person) shall adopt my child. I |
understand that I cannot change my
mind and revoke this consent |
or obtain or recover custody of my child if .....
(specified |
persons) obtain a judgment of dissolution of marriage and .....
|
(specified person) adopts my child. I understand that I cannot |
change my
mind and revoke this consent if ...... (specified |
persons) obtain a
judgment of dissolution of marriage before |
the adoption is final. I
understand that this consent to |
adoption has no effect on who will get custody
of my child if |
..... (specified persons) obtain a judgment of dissolution
of |
marriage after the adoption is final. I understand that if |
either .....
(specified persons) dies before the petition to |
|
adopt my child is granted, then
the surviving person may adopt |
my child. I understand that I cannot change my
mind and revoke |
this consent or obtain or recover custody of my child if the
|
surviving person adopts my child.
|
A consent to standby adoption by specified persons on this |
form shall have no
effect on a court's determination of custody |
or visitation under the Illinois
Marriage and Dissolution
of |
Marriage Act if the marriage of the specified persons is |
dissolved before
the adoption is final.
|
(3) The form of the certificate of acknowledgement for a |
Final and
Irrevocable Consent for Standby Adoption shall be |
substantially as follows:
|
STATE OF .....)
|
) SS.
|
COUNTY OF ....)
|
I, ....... (name of Judge or other person) ..... (official |
title,
name, and address), certify that ......., personally |
known to me to be
the same person whose name is subscribed to |
the foregoing Final and Irrevocable
Consent to Standby |
Adoption, appeared before me this day in person and
|
acknowledged that (she) (he) signed and
delivered the consent |
as (her) (his) free and voluntary act, for the specified
|
purpose.
|
I have fully explained that this consent to adoption is |
|
valid only if the
petition to adopt is filed, and that if the |
specified person or persons, for
any reason, cannot or will not |
adopt the child or if the adoption petition is
denied, then |
this consent will be void. I have fully explained that if the
|
specified person or persons adopt the child, by signing this |
consent (she) (he)
is irrevocably and permanently |
relinquishing all parental rights to the child,
and (she) (he) |
has stated that such is (her) (his) intention and desire.
|
Dated (insert date).
|
Signature ..............................
|
(4) If a consent to standby adoption is executed in this |
form,
the consent shall be valid only if the specified
person |
or persons adopt the child. The consent shall be void if:
|
(a) the specified person or persons do not file a petition |
for standby
adoption of the child; or
|
(b) a court denies the standby adoption petition.
|
The parent shall not need to take further action to revoke |
the consent if the
standby adoption by the specified person or |
persons does not occur,
notwithstanding the provisions of |
Section 11 of this Act.
|
C. The form of surrender to any agency given by a parent of |
a born
child who is to be subsequently placed for adoption |
shall be
substantially as follows and shall contain such other |
facts and
statements as the particular agency shall require.
|
FINAL AND IRREVOCABLE SURRENDER
|
FOR PURPOSES OF ADOPTION
|
|
I, .... (relationship, e.g., mother, father, relative, |
guardian) of
...., a ..male child, state:
|
That such child was born on ...., at .....
|
That I reside at ...., County of ...., and State of .....
|
That I am of the age of .... years.
|
That I do hereby surrender and entrust the entire custody |
and control
of such child to the .... (the "Agency"), a |
(public) (licensed) child
welfare agency with its principal |
office in the City of ...., County of
.... and State of ...., |
for the purpose of enabling it to care for and
supervise the |
care of such child, to place such child for adoption and
to |
consent to the legal adoption of such child.
|
That I hereby grant to the Agency full power and authority |
to place
such child with any person or persons it may in its |
sole discretion
select to become the adopting parent or parents |
and to consent to the
legal adoption of such child by such |
person or persons; and to take any
and all measures which, in |
the judgment of the Agency, may be for the
best interests of |
such child, including authorizing medical, surgical
and dental |
care and treatment including inoculation and anaesthesia for
|
such child.
|
That I wish to and understand that by signing this |
surrender I do
irrevocably and permanently give up all custody |
and other parental
rights I have to such child.
|
That I understand I cannot under any circumstances, after |
signing
this surrender, change my mind and revoke or cancel |
|
this surrender or
obtain or recover custody or any other rights |
over such child.
|
That I have read and understand the above and I am signing |
it as my
free and voluntary act.
|
Dated (insert date).
|
........................
|
C-5. The form of a Final and Irrevocable Designated |
Surrender for Purposes of Adoption to any agency given by a |
parent of a born child who is to be subsequently placed for |
adoption is to be used by legal parents only. The form shall be |
substantially as follows and shall contain such other facts and |
statements as the particular agency shall require: |
FINAL AND IRREVOCABLE DESIGNATED SURRENDER |
FOR PURPOSES OF ADOPTION |
I, .... (relationship, e.g., mother, father, relative, |
guardian) of ...., a ..male child, state: |
1. That such child was born on ...., at ..... |
2. That I reside at ...., County of ...., and State of |
..... |
3. That I am of the age of .... years. |
4. That I do hereby surrender and entrust the entire |
custody and control of such child to the .... (the "Agency"), a |
(public) (licensed) child welfare agency with its principal |
office in the City of ...., County of .... and State of ...., |
for the purpose of enabling it to care for and supervise the |
care of such child, to place such child for adoption with |
|
............................. (specified person or persons) |
and to consent to the legal adoption of such child and to take |
any and all measures which, in the judgment of the Agency, may |
be for the best interests of such child, including authorizing |
medical, surgical and dental care and treatment including |
inoculation and anesthesia for such child. |
5. That I wish to and understand that by signing this |
surrender I do irrevocably and permanently give up all custody |
and other parental rights I have to such child. |
6. That if the petition for adoption is not filed by the
|
specified person or persons designated herein or, if the
|
petition for adoption is filed but the adoption petition is
|
dismissed with prejudice or the adoption proceeding is
|
otherwise concluded without an order declaring the child to be
|
the adopted child of each specified person, then I understand |
that the Agency will provide notice to me within 10 business |
days and that such notice will be directed to me using the |
contact information I have provided to the Agency. I understand |
that I will have 10 business days from the date that the Agency |
sends me its notice to respond, within which time I may choose |
to designate other adoptive parent(s). However, I acknowledge |
that
the Agency has full power and authority to place the child |
for adoption with
any person or persons it may in its sole |
discretion select to
become the adopting parent or parents and |
to consent to the
legal adoption of the child by such person or |
persons. |
|
7. That I acknowledge that this surrender is valid even if |
the specified persons separate or divorce or one of the |
specified persons dies prior to the entry of the final judgment |
for adoption. |
8. That I expressly acknowledge that the above paragraphs 6 |
and 7 do not impair the validity and absolute finality of this |
surrender under any circumstance. |
9. That I understand that I have a remaining obligation to |
keep the Agency informed of my current contact information |
until the adoption of the child has been finalized if I wish to |
be notified in the event the adoption by the specified |
person(s) cannot proceed. |
10. That I understand I cannot under any circumstances, |
after signing this surrender, change my mind and revoke or |
cancel this surrender or obtain or recover custody or any other |
rights over such child. |
11. That I have read and understand the above and I am |
signing it as my free and voluntary act. |
Dated (insert date). |
.............................. |
D. The form of surrender to an agency given by a parent of |
an unborn
child who is to be subsequently placed for adoption |
shall be
substantially as follows and shall contain such other |
facts and
statements as the particular agency shall require.
|
SURRENDER OF UNBORN CHILD FOR
|
PURPOSES OF ADOPTION
|
|
I, .... (father), state:
|
That I am the father of a child expected to be born on or |
about ....
to .... (name of mother).
|
That I reside at ...., County of ...., and State of .....
|
That I am of the age of .... years.
|
That I do hereby surrender and entrust the entire custody |
and control
of such child to the .... (the "Agency"), a |
(public) (licensed) child
welfare agency with its principal |
office in the City of ...., County of
.... and State of ...., |
for the purpose of enabling it to care for and
supervise the |
care of such child, to place such child for adoption and
to |
consent to the legal adoption of such child, and that I have |
not
previously executed a consent or surrender with respect to |
such child.
|
That I hereby grant to the Agency full power and authority |
to place
such child with any person or persons it may in its |
sole discretion
select to become the adopting parent or parents |
and to consent to the
legal adoption of such child by such |
person or persons; and to take any
and all measures which, in |
the judgment of the Agency, may be for the
best interests of |
such child, including authorizing medical, surgical
and dental |
care and treatment, including inoculation and anaesthesia for
|
such child.
|
That I wish to and understand that by signing this |
surrender I do
irrevocably and permanently give up all custody |
and other parental
rights I have to such child.
|
|
That I understand I cannot under any circumstances, after |
signing
this surrender, change my mind and revoke or cancel |
this surrender or
obtain or recover custody or any other rights |
over such child, except
that I have the right to revoke this |
surrender by giving written notice
of my revocation not later |
than 72 hours after the birth of such child.
|
That I have read and understand the above and I am signing |
it as my
free and voluntary act.
|
Dated (insert date).
|
........................
|
E. The form of consent required from the parents for the |
adoption of
an adult, when such adult elects to obtain such |
consent, shall be
substantially as follows:
|
CONSENT
|
I, ...., (father) (mother) of ...., an adult, state:
|
That I reside at ...., County of .... and State of .....
|
That I do hereby consent and agree to the adoption of such |
adult by
.... and .....
|
Dated (insert date).
|
.........................
|
F. The form of consent required for the adoption of a child |
of the
age of 14 years or upwards, or of an adult, to be given |
by such person,
shall be substantially as follows:
|
CONSENT
|
I, ...., state:
|
That I reside at ...., County of .... and State of ..... |
|
That I am
of the age of .... years. That I consent and agree to |
my adoption by
.... and .....
|
Dated (insert date).
|
........................
|
G. The form of consent given by an agency to the adoption |
by
specified persons of a child previously surrendered to it |
shall set
forth that the agency has the authority to execute |
such consent. The
form of consent given by a guardian of the |
person of a child sought to
be adopted, appointed by a court of |
competent jurisdiction, shall set
forth the facts of such |
appointment and the authority of the guardian to
execute such |
consent.
|
H. A consent (other than that given by an agency, or |
guardian of the
person of the child sought to be adopted who |
was appointed by a court of
competent jurisdiction) shall be |
acknowledged by a parent before a judge of a court of competent |
jurisdiction or, except as otherwise provided in
this Act, |
before a representative of an agency, or before a person, other |
than the attorney for the prospective adoptive parent or |
parents, designated by a court of competent
jurisdiction.
|
I. A surrender, or any other document equivalent to a |
surrender, by
which a child is surrendered to an agency shall |
be acknowledged by the
person signing such surrender, or other |
document, before a judge of a court of competent jurisdiction, |
or, except as otherwise provided in this Act, before a |
representative of an agency, or before a person designated by a |
|
court
of competent jurisdiction.
|
J. The form of the certificate of acknowledgment for a |
consent, a
surrender, or any other document equivalent to a |
surrender, shall be
substantially as follows:
|
STATE OF ....)
|
) SS.
|
COUNTY OF ...)
|
I, .... (Name of judge or other person), .... (official |
title, name and
location of court or status or position of |
other person),
certify that ...., personally known to me to be |
the same person whose
name is subscribed to the foregoing |
(consent) (surrender), appeared
before me this day in person |
and acknowledged that (she) (he) signed and
delivered such |
(consent) (surrender) as (her) (his) free and voluntary
act, |
for the specified purpose.
|
I have fully explained that by signing such (consent) |
(surrender)
(she) (he) is irrevocably relinquishing all |
parental rights to such
child or adult and (she) (he) has |
stated that such is (her) (his)
intention and desire. (Add if |
Consent only) I am further satisfied that, before signing this |
Consent, ........ has read, or has had read to him or her, the |
Birth Parent Rights and Responsibilities-Private Form.
|
Dated (insert date).
|
Signature ...............
|
K. When the execution of a consent or a surrender is |
acknowledged
before someone other than a judge,
such other |
|
person shall have his or her signature on the certificate
|
acknowledged before a notary public, in form substantially as |
follows:
|
STATE OF ....)
|
) SS.
|
COUNTY OF ...)
|
I, a Notary Public, in and for the County of ......, in the |
State of
......, certify that ...., personally known to me to |
be the
same person whose name is subscribed to the foregoing |
certificate of
acknowledgment, appeared before me in person and |
acknowledged that (she)
(he) signed such certificate as (her) |
(his) free and voluntary act and
that the statements made in |
the certificate are true.
|
Dated (insert date).
|
Signature ...................... Notary Public
|
(official seal)
|
There shall be attached a certificate of magistracy, or |
other
comparable proof of office of the notary public |
satisfactory to the
court, to a consent signed and acknowledged |
in another state.
|
L. A surrender or consent executed and acknowledged outside |
of this
State, either in accordance with the law of this State |
or in accordance
with the law of the place where executed, is |
valid.
|
M. Where a consent or a surrender is signed in a foreign |
|
country,
the execution of such consent shall be acknowledged or |
affirmed in a
manner conformable to the law and procedure of |
such country.
|
N. If the person signing a consent or surrender is in the |
military
service of the United States, the execution of such |
consent or surrender
may be acknowledged before a commissioned |
officer and the signature of
such officer on such certificate |
shall be verified or acknowledged
before a notary public or by |
such other procedure as is then in effect
for such division or |
branch of the armed forces.
|
O. (1) The parent or parents of a child in whose interests |
a petition
under Section 2-13 of the Juvenile Court Act of 1987 |
is pending may, with the
approval of the designated |
representative of the Department of Children and
Family |
Services, execute a consent to adoption by a specified person |
or
persons:
|
(a) in whose physical custody the child has resided for |
at least 6
months;
or
|
(b) in whose physical custody at least one sibling of |
the child who is the
subject of this consent has resided |
for at least 6 months, and
the child who is
the subject of |
this consent is currently residing in this foster home; or
|
(c) in whose physical custody a child under one year of |
age has resided
for at least 3 months.
|
A consent under this subsection O shall be acknowledged by a |
parent pursuant to
subsection H and subsection K of this |
|
Section.
|
(2) The consent to adoption by a specified person or |
persons shall have the
caption of the proceeding in which it is |
to be filed and shall be substantially
as follows:
|
FINAL AND IRREVOCABLE CONSENT TO ADOPTION BY
|
A SPECIFIED PERSON OR PERSONS: DCFS CASE
|
I, ......................................, the |
.................. (mother or
father) of a ....male child, |
state:
|
My child ............................ (name of child) |
was born on
(insert date) at .................... Hospital |
in
................ County, State of ...............
|
I reside at ......................, County of |
............. and
State of ..............
|
I, ..........................., am .... years old.
|
I enter my appearance in this action to adopt my child |
by the
person or persons specified herein by me and waive |
service of
summons on me in this action only.
|
I consent to the adoption of my child by
|
.............................
(specified person or |
persons) only.
|
I wish to sign this consent and I understand that by |
signing this
consent I irrevocably and permanently give up |
all parental rights I have to my
child if my child is |
adopted by ............................. (specified person
|
or persons).
|
|
I understand my child will be adopted by |
.............................
(specified person or |
persons) only and that I cannot under any circumstances,
|
after signing this document, change my mind and revoke or |
cancel this consent
or obtain or recover custody or any |
other rights over my child if
............................ |
(specified person or persons) adopt my child.
|
I understand that this consent to adoption is valid |
only if the
petition to adopt is filed within one year from |
the date that I sign it and
that if ....................... |
(specified person or persons), for any reason,
cannot or |
will not file a petition to adopt my child within that one |
year
period or if their adoption petition is denied, then |
this consent will be
voidable after one year upon the |
timely filing of my motion. If I file this
motion before |
the filing of the petition for adoption, I understand that |
the
court shall revoke this specific consent.
I have the |
right to notice of any other proceeding that could affect |
my
parental rights, except for the proceeding for |
............. (specified person
or persons) to adopt my |
child.
|
I have read and understand the above and I am signing |
it as my free
and voluntary act.
|
Dated (insert date).
|
.............................................
|
Signature of parent
|
|
(3) If the parent consents to an adoption by 2 specified |
persons, then the
form shall contain 2 additional paragraphs in |
substantially the following form:
|
If ............... (specified persons) get a divorce
|
before the petition to adopt my child is granted, then |
..........
(specified person) shall adopt my child. I |
understand that I
cannot change my mind and revoke this |
consent or obtain or
recover custody over my child if |
............. (specified persons)
divorce and |
............. (specified person) adopts my
child. I |
understand that I cannot change my mind and revoke
this |
consent or obtain or recover custody over my child if
|
................. (specified persons) divorce after the
|
adoption is final. I understand that this consent to |
adoption
has no effect on who will get custody of my child |
if they
divorce after the adoption is final.
|
I understand that if either ...............
|
(specified persons) dies before the petition to adopt
my |
child is granted, then the surviving person can adopt my |
child. I
understand that I cannot change my mind and revoke |
this consent
or obtain or recover custody over my child if |
the surviving
person adopts my child.
|
A consent to adoption by specified persons on this form |
shall
have no effect on a court's determination of custody or |
visitation
under the Illinois Marriage and Dissolution of |
Marriage Act if the
marriage of the
specified persons is |
|
dissolved after the adoption is final.
|
(4) The form of the certificate of acknowledgement for a |
Final and
Irrevocable Consent for Adoption by a Specified |
Person or Persons: DCFS Case shall be
substantially as follows:
|
STATE OF ..............)
|
) SS.
|
COUNTY OF .............)
|
I, .................... (Name of Judge or other person),
|
..................... (official title, name, and address),
|
certify that ............., personally known to me to be the |
same person whose
name is subscribed to the foregoing Final and |
Irrevocable Consent for Adoption
by a Specified Person or |
Persons, appeared before me this day
in person and acknowledged |
that (she)(he) signed and delivered the consent as
(her)(his) |
free and voluntary act, for the specified purpose.
|
I have fully explained that this consent to adoption is |
valid only if the
petition to adopt is filed within one year |
from the date that it is signed, and
that if the specified |
person or persons, for any reason, cannot or will not
adopt the |
child or if the adoption petition is denied, then this consent |
will
be voidable after one year upon the timely filing of a |
motion by the parent
to revoke the consent. I explained that if |
this motion is filed before the
filing of the petition for |
adoption, the court shall revoke this specific
consent. I have |
|
fully explained that if the specified person or
persons adopt
|
the child, by signing this consent this parent is irrevocably
|
and permanently
relinquishing all parental rights to the child, |
and this parent has stated that
such is (her)(his) intention |
and desire.
|
Dated (insert date).
|
...............................
|
Signature
|
(5) If a consent to adoption by a specified person or |
persons is executed in
this form, the following provisions |
shall apply. The consent shall be valid
only if that specified |
person or persons adopt the child. The consent shall be
|
voidable after one year if:
|
(a) the specified person or persons do not file a |
petition to adopt the
child within one year after the |
consent is signed and the parent files a
timely motion to |
revoke this consent. If this motion is filed before the
|
filing of the petition for adoption the court shall revoke |
this consent; or
|
(b) a court denies the adoption petition; or
|
(c) the Department of Children and Family Services |
Guardianship
Administrator determines that the specified |
person or persons will not or
cannot complete the adoption, |
or in the best interests of the child should not
adopt the |
child.
|
Within 30 days of the consent becoming void, the Department |
|
of Children and
Family Services Guardianship Administrator |
shall make good faith attempts to
notify the parent in writing |
and shall give written notice to the court and all
additional |
parties in writing that the adoption has not occurred or will |
not
occur and that the consent is void. If the adoption by a |
specified person or
persons does not occur, no proceeding for |
termination of parental rights shall
be brought unless the |
biological parent who executed the consent to adoption by
a |
specified person or persons has been notified of the proceeding |
pursuant to
Section 7 of this Act or subsection (4) of Section |
2-13 of the Juvenile Court
Act of 1987. The parent shall not |
need to take further action to revoke the
consent if the |
specified adoption does not occur, notwithstanding the
|
provisions of Section 11 of this Act.
|
(6) The Department of Children and Family Services is |
authorized
to promulgate rules necessary to implement this |
subsection O.
|
(7) The Department shall collect and maintain data |
concerning the efficacy
of specific consents. This data shall |
include the number of specific consents
executed and their |
outcomes, including but not limited to the number of
children |
adopted pursuant to the consents, the number of children for |
whom
adoptions are not completed, and the reason or reasons why |
the adoptions are
not completed.
|
P. If the person signing a consent is incarcerated or |
detained in a correctional facility, prison, jail, detention |
|
center, or other comparable institution, either in this State |
or any other jurisdiction, the execution of such consent may be |
acknowledged before social service personnel of such |
institution, or before a person designated by a court of |
competent jurisdiction. |
Q. A consent may be acknowledged telephonically, via |
audiovisual connection, or other electronic means, provided |
that a court of competent jurisdiction has entered an order |
approving the execution of the consent in such manner and has |
designated an individual to be physically present with the |
parent executing such consent in order to verify the identity |
of the parent. |
R. An agency whose representative is acknowledging a |
consent pursuant to this Section shall be a public child |
welfare agency, or a child welfare agency, or a child placing |
agency that is authorized or licensed in the State or |
jurisdiction in which the consent is signed. |
S. The form of waiver by a putative or legal father of a |
born or unborn child shall be substantially as follows:
|
FINAL AND IRREVOCABLE |
WAIVER OF PARENTAL RIGHTS OF PUTATIVE OR LEGAL FATHER
|
I, .................... , state under oath or affirm as |
follows: |
1. That the biological mother ............... has |
|
named me as a possible biological or
legal father of her |
minor child who was born, or is expected to be born on
|
..........., ......, in the City/Town of........., State |
of ........... |
2. That I understand that the biological mother |
............. intends to or has placed the child
for |
adoption. |
3. That I reside at ................, in the City/Town |
of...........,
State of ................ |
4. That I am ................ years of age and my date |
of birth is ..............., ............. |
5. That I (select one): |
..... am married to the biological mother. |
..... am not married to the biological mother and |
have not been married to the biological
mother within |
300 days before the child's birth or expected date of |
child's birth. |
..... am not currently married to the biological |
mother, but was married to the biological
mother, |
within 300 days before the child's birth or expected |
date of child's birth. |
6. That I (select one): |
..... neither admit nor deny that I am the |
biological father of the child. |
..... deny that I am the biological father of the |
child. |
|
7. That I hereby agree to the termination of my |
parental rights, if any, without further notice to me
of |
any proceeding for the adoption of the minor child, even if |
I have taken any action to establish
parental rights or |
take any such action in the future including registering |
with any putative father
registry. |
8. That I understand that by signing this Waiver I do |
irrevocably and permanently give up all
custody and other |
parental rights I may have to such child. |
9. That I understand that this Waiver is FINAL AND |
IRREVOCABLE and that I am permanently
barred from |
contesting any proceeding for the adoption of the child |
after I sign this Waiver. |
10. That I waive any further service of summons or |
other pleadings in any proceeding to terminate
parental |
rights, if any to this child, or any proceeding for |
adoption of this child. |
11. That I understand that if a final judgment or order |
of adoption for this child is not entered, then
any |
parental rights or responsibilities that I may have remain |
intact. |
12. That I have read and understand the above and that |
I am signing it as my free and voluntary act.
|
Dated: ................... , .............. |
........................................... |
|
Signature
|
OATH |
I have been duly sworn and I state under oath that I have read |
and understood this Final and Irrevocable
Waiver of Parental |
Rights of Putative or Legal Father. The facts contained in it |
are true and correct to the
best of my knowledge. I have signed |
this document as my free and voluntary act in order to |
facilitate the
adoption of the child.
|
.............................. |
Signature
|
Signed and Sworn before me on |
this ............ day |
of ..........., 20....
|
................... |
Notary Public |
(Source: P.A. 96-601, eff. 8-21-09; 96-1461, eff. 1-1-11.)
|
(750 ILCS 50/11) (from Ch. 40, par. 1513)
|
Sec. 11. Consents, surrenders, waivers, irrevocability.
|
(a) A consent to adoption or standby adoption by a parent, |
including a
minor, executed and
acknowledged in accordance with |
the provisions of Section 10 8 of this Act, or
a surrender of a |
|
child by a parent, including a minor, to an agency for the
|
purpose of adoption shall be irrevocable unless it shall have |
been obtained
by fraud or duress on the part of the person |
before whom such consent,
surrender, or other document |
equivalent to a surrender is acknowledged
pursuant to the |
provisions of Section 10 of this Act or on the part of the
|
adopting parents or their agents and a court of competent |
jurisdiction
shall so find. No action to void or revoke a |
consent to or surrender for
adoption, including an action based |
on fraud or duress, may be commenced
after 12 months from the |
date the consent or surrender was executed.
The consent or |
surrender of a parent who is a minor shall
not be voidable |
because of such minority.
|
(a-1) A waiver signed by a putative or legal father, |
including a minor, executed and acknowledged in accordance with |
Section 10 of this Act, shall be irrevocable unless it shall |
have been obtained by fraud or duress on the part of the |
adopting parents or their agents and a court of competent |
jurisdiction shall so find. No action to void a waiver may be |
commenced after 12 months from the date the waiver was |
executed. The waiver of a putative or legal father who is a |
minor shall not be voidable because of such minority. |
(b) The petitioners in an adoption proceeding are entitled |
to rely upon a
sworn statement of the biological mother of the |
child to be adopted identifying
the father of her child. The |
affidavit shall be conclusive evidence as to the
biological |
|
mother regarding the facts stated therein, and shall create a
|
rebuttable presumption of truth as to the biological father |
only. Except as
provided in Section 11 of this Act, the |
biological mother of the child shall be
permanently barred from |
attacking the proceeding thereafter. The biological
mother |
shall execute such affidavit in writing and under oath. The |
affidavit
shall be executed by the biological mother before or |
at the time of execution
of the consent or surrender, and shall |
be retained by the court and be a part
of the Court's files. |
The form of affidavit shall be substantially as follows:
|
AFFIDAVIT OF IDENTIFICATION
|
I, ................., the mother of a (male or female) |
child, state under
oath or affirm as follows:
|
(1) That the child was born, or is expected to be born, on |
(insert
date), at ......................., in
the State of |
...................
|
(2) That I reside at .................., in the City or |
Village of
..........., State of ...................
|
(3) That I am of the age of ....... years.
|
(4) That I acknowledge that I have been asked to identify |
the father of my
child.
|
(5) (CHECK ONE)
|
.... I know and am identifying the biological father.
|
.... I do not know the identity of the biological father.
|
.... I am unwilling to identify the biological father.
|
(6A) If I know and am identifying the father:
|
|
That the name of the biological father is |
....................; his last
known home address is |
............; his last known work address is
|
....................; and he is ..... years of age; or he is |
deceased, having
died on (insert date) at
.............., in |
the State of ..................
|
(6B) If I do not know the identity of the biological |
father:
|
I do not know who the biological father is; the following |
is
an explanation of why I am unable to identify him:
|
.............................................................
|
.............................................................
|
..............................................................
|
(6C) If I am unwilling to identify the biological father:
|
I do not wish to name the biological father of the child |
for the following
reasons:
|
.............................................................
|
.............................................................
|
.............................................................
|
(7) The physical description of the biological father is:
.
|
.............................................................
|
.............................................................
|
(8) I reaffirm that the information contained in paragraphs |
5, 6, and 7,
inclusive, is true and correct.
|
(9) I have been informed and understand that if I am |
unwilling, refuse to
identify, or misidentify the biological |
|
father of the child, absent fraud
or duress, I am permanently |
barred from attacking the proceedings for the
adoption of the |
child at any time after I sign a final and irrevocable
consent |
to adoption or surrender for purposes of adoption.
|
(10) I have read this Affidavit and have had the |
opportunity to review and
question it; it was explained to me |
by ............................; and I am
signing it as my free |
and voluntary act and understand the contents and the
results |
of signing it.
|
Dated (insert date).
|
...................................
|
Signature
|
Under penalties as provided by law under Section 1-109 of |
the Code
of Civil Procedure, the undersigned certifies that the |
statements set
forth in this Affidavit are true and correct.
|
...................................
|
Signature
|
(Source: P.A. 91-357, eff. 7-29-99; 91-572, eff. 1-1-00.)
|
Section 99. Effective date. This Act takes effect upon |
becoming law. |