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1 | AN ACT concerning adoption.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
| ||||||
4 | Section 5. The Adoption Act is amended by changing Sections | ||||||
5 | 1, 9, 10, 13.1, and 14 as follows:
| ||||||
6 | (750 ILCS 50/1) (from Ch. 40, par. 1501)
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7 | Sec. 1. Definitions. When used in this Act, unless the | ||||||
8 | context
otherwise requires:
| ||||||
9 | A. "Child" means a person under legal age subject to | ||||||
10 | adoption under
this Act.
| ||||||
11 | B. "Related child" means a child subject to adoption where | ||||||
12 | either or both of
the adopting parents stands in any of the | ||||||
13 | following relationships to the child
by blood or marriage: | ||||||
14 | parent, grand-parent, brother, sister, step-parent,
| ||||||
15 | step-grandparent, step-brother, step-sister, uncle, aunt, | ||||||
16 | great-uncle,
great-aunt, or cousin of first degree. A child | ||||||
17 | whose parent has executed
a final irrevocable consent to | ||||||
18 | adoption or a final irrevocable surrender
for purposes of | ||||||
19 | adoption, or whose parent has had his or her parental rights
| ||||||
20 | terminated, is not a related child to that person, unless the | ||||||
21 | consent is
determined to be void or is void pursuant to | ||||||
22 | subsection O of Section 10.
| ||||||
23 | C. "Agency" for the purpose of this Act means a public | ||||||
24 | child welfare agency
or a licensed child welfare agency.
| ||||||
25 | D. "Unfit person" means any person whom the court shall | ||||||
26 | find to be unfit
to have a child, without regard to the | ||||||
27 | likelihood that the child will be
placed for adoption. The | ||||||
28 | grounds of unfitness are any one or more
of the following, | ||||||
29 | except that a person shall not be considered an unfit
person | ||||||
30 | for the sole reason that the person has relinquished a child in
| ||||||
31 | accordance with the Abandoned Newborn Infant Protection Act:
| ||||||
32 | (a) Abandonment of the child.
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| |||||||
1 | (a-1) Abandonment of a newborn infant in a hospital.
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2 | (a-2) Abandonment of a newborn infant in any setting | ||||||
3 | where the evidence
suggests that the parent intended to | ||||||
4 | relinquish his or her parental rights.
| ||||||
5 | (b) Failure to maintain a reasonable degree of | ||||||
6 | interest, concern or
responsibility as to the child's | ||||||
7 | welfare.
| ||||||
8 | (c) Desertion of the child for more than 3 months next | ||||||
9 | preceding the
commencement of the Adoption proceeding.
| ||||||
10 | (d) Substantial neglect
of the
child if continuous or | ||||||
11 | repeated.
| ||||||
12 | (d-1) Substantial neglect, if continuous or repeated, | ||||||
13 | of any child
residing in the household which resulted in | ||||||
14 | the death of that child.
| ||||||
15 | (e) Extreme or repeated cruelty to the child.
| ||||||
16 | (f) Two or more findings of physical abuse to any | ||||||
17 | children under Section
4-8 of the Juvenile Court Act or | ||||||
18 | Section 2-21 of the Juvenile Court Act
of 1987, the most | ||||||
19 | recent of which was determined by the juvenile court
| ||||||
20 | hearing the matter to be supported by clear and convincing | ||||||
21 | evidence; a
criminal conviction or a finding of not guilty | ||||||
22 | by reason of insanity
resulting from the death of any child | ||||||
23 | by physical child
abuse; or a finding of physical child | ||||||
24 | abuse resulting from the death of any
child under Section | ||||||
25 | 4-8 of the Juvenile Court Act or Section 2-21 of the
| ||||||
26 | Juvenile Court Act of 1987.
| ||||||
27 | (g) Failure to protect the child from conditions within | ||||||
28 | his environment
injurious to the child's welfare.
| ||||||
29 | (h) Other neglect of, or misconduct toward the child; | ||||||
30 | provided that in
making a finding of unfitness the court | ||||||
31 | hearing the adoption proceeding
shall not be bound by any | ||||||
32 | previous finding, order or judgment affecting
or | ||||||
33 | determining the rights of the parents toward the child | ||||||
34 | sought to be adopted
in any other proceeding except such | ||||||
35 | proceedings terminating parental rights
as shall be had | ||||||
36 | under either this Act, the Juvenile Court Act or
the |
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| |||||||
1 | Juvenile Court Act of 1987.
| ||||||
2 | (i) Depravity. Conviction of any one of the following
| ||||||
3 | crimes shall create a presumption that a parent is depraved | ||||||
4 | which can be
overcome only by clear and convincing | ||||||
5 | evidence:
(1) first degree murder in violation of paragraph | ||||||
6 | 1 or
2 of subsection (a) of Section 9-1 of the Criminal | ||||||
7 | Code of 1961 or conviction
of second degree murder in | ||||||
8 | violation of subsection (a) of Section 9-2 of the
Criminal | ||||||
9 | Code of 1961 of a parent of the child to be adopted; (2)
| ||||||
10 | first degree murder or second degree murder of any child in
| ||||||
11 | violation of the Criminal Code of 1961; (3)
attempt or | ||||||
12 | conspiracy to commit first degree murder or second degree | ||||||
13 | murder
of any child in violation of the Criminal Code of | ||||||
14 | 1961; (4)
solicitation to commit murder of any child, | ||||||
15 | solicitation to
commit murder of any child for hire, or | ||||||
16 | solicitation to commit second
degree murder of any child in | ||||||
17 | violation of the Criminal Code of 1961; or (5)
aggravated | ||||||
18 | criminal sexual assault in violation of
Section | ||||||
19 | 12-14(b)(1) of the Criminal Code of 1961.
| ||||||
20 | There is a rebuttable presumption that a parent is | ||||||
21 | depraved if the parent
has been criminally convicted of at | ||||||
22 | least 3 felonies under the laws of this
State or any other | ||||||
23 | state, or under federal law, or the criminal laws of any
| ||||||
24 | United States territory; and at least one of these
| ||||||
25 | convictions took place within 5 years of the filing of the | ||||||
26 | petition or motion
seeking termination of parental rights.
| ||||||
27 | There is a rebuttable presumption that a parent is | ||||||
28 | depraved if that
parent
has
been criminally convicted of | ||||||
29 | either first or second degree murder of any person
as | ||||||
30 | defined in the Criminal Code of 1961 within 10 years of the | ||||||
31 | filing date of
the petition or motion to terminate parental | ||||||
32 | rights.
| ||||||
33 | (j) Open and notorious adultery or fornication.
| ||||||
34 | (j-1) (Blank).
| ||||||
35 | (k) Habitual drunkenness or addiction to drugs, other | ||||||
36 | than those
prescribed by a physician, for at least one year |
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| |||||||
1 | immediately
prior to the commencement of the unfitness | ||||||
2 | proceeding.
| ||||||
3 | There is a rebuttable presumption that a parent is | ||||||
4 | unfit under this
subsection
with respect to any child to | ||||||
5 | which that parent gives birth where there is a
confirmed
| ||||||
6 | test result that at birth the child's blood, urine, or | ||||||
7 | meconium contained any
amount of a controlled substance as | ||||||
8 | defined in subsection (f) of Section 102 of
the Illinois | ||||||
9 | Controlled Substances Act or metabolites of such | ||||||
10 | substances, the
presence of which in the newborn infant was | ||||||
11 | not the result of medical treatment
administered to the | ||||||
12 | mother or the newborn infant; and the biological mother of
| ||||||
13 | this child is the biological mother of at least one other | ||||||
14 | child who was
adjudicated a neglected minor under | ||||||
15 | subsection (c) of Section 2-3 of the
Juvenile Court Act of | ||||||
16 | 1987.
| ||||||
17 | (l) Failure to demonstrate a reasonable degree of | ||||||
18 | interest, concern or
responsibility as to the welfare of a | ||||||
19 | new born child during the first 30
days after its birth.
| ||||||
20 | (m) Failure by a parent (i) to make reasonable efforts | ||||||
21 | to correct the
conditions that were the basis for the | ||||||
22 | removal of the child from the
parent, or (ii) to make | ||||||
23 | reasonable progress toward the return of the child
to
the | ||||||
24 | parent within 9 months after an adjudication of neglected | ||||||
25 | or abused
minor under Section 2-3 of the Juvenile Court Act | ||||||
26 | of 1987 or dependent
minor under Section 2-4 of that Act, | ||||||
27 | or (iii) to make reasonable progress
toward the return of | ||||||
28 | the
child to the parent during any 9-month period after the | ||||||
29 | end of the initial
9-month period following the | ||||||
30 | adjudication of
neglected or abused minor under Section 2-3 | ||||||
31 | of the Juvenile Court
Act of 1987 or dependent minor under | ||||||
32 | Section 2-4 of that Act.
If a service plan has been | ||||||
33 | established as
required under
Section 8.2 of the Abused and | ||||||
34 | Neglected Child Reporting Act to correct the
conditions | ||||||
35 | that were the basis for the removal of the child from the | ||||||
36 | parent
and if those services were available,
then, for |
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| |||||||
1 | purposes of this Act, "failure to make reasonable progress | ||||||
2 | toward the
return of the child to the parent" includes (I) | ||||||
3 | the parent's failure to
substantially fulfill his or her | ||||||
4 | obligations under the
service plan and correct the | ||||||
5 | conditions that brought the child into care
within 9 months | ||||||
6 | after the adjudication under Section 2-3 or 2-4
of the | ||||||
7 | Juvenile Court Act of 1987
and (II) the parent's failure to | ||||||
8 | substantially fulfill his or her obligations
under
the | ||||||
9 | service plan and correct the conditions that brought the | ||||||
10 | child into care
during any 9-month period after the end of | ||||||
11 | the initial 9-month period
following the adjudication | ||||||
12 | under Section 2-3 or 2-4 of the Juvenile Court
Act of 1987.
| ||||||
13 | (m-1) Pursuant to the Juvenile Court Act of 1987, a | ||||||
14 | child
has been in foster care for 15 months out of any 22 | ||||||
15 | month period which begins
on or after the effective date of | ||||||
16 | this amendatory Act of 1998 unless the
child's parent can | ||||||
17 | prove
by a preponderance of the evidence that it is more | ||||||
18 | likely than not that it will
be in the best interests of | ||||||
19 | the child to be returned to the parent within 6
months of | ||||||
20 | the date on which a petition for termination of parental | ||||||
21 | rights is
filed under the Juvenile Court Act of 1987. The | ||||||
22 | 15 month time limit is tolled
during
any period for which | ||||||
23 | there is a court finding that the appointed custodian or
| ||||||
24 | guardian failed to make reasonable efforts to reunify the | ||||||
25 | child with his or her
family, provided that (i) the finding | ||||||
26 | of no reasonable efforts is made within
60 days of the | ||||||
27 | period when reasonable efforts were not made or (ii) the | ||||||
28 | parent
filed a motion requesting a finding of no reasonable | ||||||
29 | efforts within 60 days of
the period when reasonable | ||||||
30 | efforts were not made. For purposes of this
subdivision | ||||||
31 | (m-1), the date of entering foster care is the earlier of: | ||||||
32 | (i) the
date of
a judicial finding at an adjudicatory | ||||||
33 | hearing that the child is an abused,
neglected, or | ||||||
34 | dependent minor; or (ii) 60 days after the date on which | ||||||
35 | the
child is removed from his or her parent, guardian, or | ||||||
36 | legal custodian.
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| |||||||
1 | (n) Evidence of intent to forgo his or her parental | ||||||
2 | rights,
whether or
not the child is a ward of the court, | ||||||
3 | (1) as manifested
by his or her failure for a period of 12 | ||||||
4 | months: (i) to visit the child,
(ii) to communicate with | ||||||
5 | the child or agency, although able to do so and
not | ||||||
6 | prevented from doing so by an agency or by court order, or | ||||||
7 | (iii) to
maintain contact with or plan for the future of | ||||||
8 | the child, although physically
able to do so, or (2) as | ||||||
9 | manifested by the father's failure, where he
and the mother | ||||||
10 | of the child were unmarried to each other at the time of | ||||||
11 | the
child's birth, (i) to commence legal proceedings to | ||||||
12 | establish his paternity
under the Illinois Parentage Act of | ||||||
13 | 1984 or the law of the jurisdiction of
the child's birth | ||||||
14 | within 30 days of being informed, pursuant to Section 12a
| ||||||
15 | of this Act, that he is the father or the likely father of | ||||||
16 | the child or,
after being so informed where the child is | ||||||
17 | not yet born, within 30 days of
the child's birth, or (ii) | ||||||
18 | to make a good faith effort to pay a reasonable
amount of | ||||||
19 | the expenses related to the birth of the child and to | ||||||
20 | provide a
reasonable amount for the financial support of | ||||||
21 | the child, the court to
consider in its determination all | ||||||
22 | relevant circumstances, including the
financial condition | ||||||
23 | of both parents; provided that the ground for
termination | ||||||
24 | provided in this subparagraph (n)(2)(ii) shall only be
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25 | available where the petition is brought by the mother or | ||||||
26 | the husband of
the mother.
| ||||||
27 | Contact or communication by a parent with his or her | ||||||
28 | child that does not
demonstrate affection and concern does | ||||||
29 | not constitute reasonable contact
and planning under | ||||||
30 | subdivision (n). In the absence of evidence to the
| ||||||
31 | contrary, the ability to visit, communicate, maintain | ||||||
32 | contact, pay
expenses and plan for the future shall be | ||||||
33 | presumed. The subjective intent
of the parent, whether | ||||||
34 | expressed or otherwise, unsupported by evidence of
the | ||||||
35 | foregoing parental acts manifesting that intent, shall not | ||||||
36 | preclude a
determination that the parent has intended to |
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1 | forgo his or her
parental
rights. In making this | ||||||
2 | determination, the court may consider but shall not
require | ||||||
3 | a showing of diligent efforts by an authorized agency to | ||||||
4 | encourage
the parent to perform the acts specified in | ||||||
5 | subdivision (n).
| ||||||
6 | It shall be an affirmative defense to any allegation | ||||||
7 | under paragraph
(2) of this subsection that the father's | ||||||
8 | failure was due to circumstances
beyond his control or to | ||||||
9 | impediments created by the mother or any other
person | ||||||
10 | having legal custody. Proof of that fact need only be by a
| ||||||
11 | preponderance of the evidence.
| ||||||
12 | (o) Repeated or continuous failure by the parents, | ||||||
13 | although physically
and financially able, to provide the | ||||||
14 | child with adequate food, clothing,
or shelter.
| ||||||
15 | (p) Inability to discharge parental responsibilities | ||||||
16 | supported by
competent evidence from a psychiatrist, | ||||||
17 | licensed clinical social
worker, or clinical psychologist | ||||||
18 | of mental
impairment, mental illness or mental retardation | ||||||
19 | as defined in Section
1-116 of the Mental Health and | ||||||
20 | Developmental Disabilities Code, or
developmental | ||||||
21 | disability as defined in Section 1-106 of that Code, and
| ||||||
22 | there is sufficient justification to believe that the | ||||||
23 | inability to
discharge parental responsibilities shall | ||||||
24 | extend beyond a reasonable
time period. However, this | ||||||
25 | subdivision (p) shall not be construed so as to
permit a | ||||||
26 | licensed clinical social worker to conduct any medical | ||||||
27 | diagnosis to
determine mental illness or mental | ||||||
28 | impairment.
| ||||||
29 | (q) The parent has been criminally convicted of | ||||||
30 | aggravated battery,
heinous battery, or attempted murder | ||||||
31 | of any child.
| ||||||
32 | (r) The child is in the temporary custody or | ||||||
33 | guardianship of the
Department of Children and Family | ||||||
34 | Services, the parent is incarcerated as a
result of | ||||||
35 | criminal conviction at the time the petition or motion for
| ||||||
36 | termination of parental rights is filed, prior to |
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| |||||||
1 | incarceration the parent had
little or no contact with the | ||||||
2 | child or provided little or no support for the
child, and | ||||||
3 | the parent's incarceration will prevent the parent from | ||||||
4 | discharging
his or her parental responsibilities for the | ||||||
5 | child for a period in excess of 2
years after the filing of | ||||||
6 | the petition or motion for termination of parental
rights.
| ||||||
7 | (s) The child is in the temporary custody or | ||||||
8 | guardianship of the
Department of Children and Family | ||||||
9 | Services, the parent is incarcerated at the
time the | ||||||
10 | petition or motion for termination of parental rights is | ||||||
11 | filed, the
parent has been repeatedly incarcerated as a | ||||||
12 | result of criminal convictions,
and the parent's repeated | ||||||
13 | incarceration has prevented the parent from
discharging | ||||||
14 | his or her parental responsibilities for the child.
| ||||||
15 | (t) A finding that at birth the child's blood,
urine, | ||||||
16 | or meconium contained any amount of a controlled substance | ||||||
17 | as
defined in subsection (f) of Section 102 of the Illinois | ||||||
18 | Controlled Substances
Act, or a metabolite of a controlled | ||||||
19 | substance, with the exception of
controlled substances or | ||||||
20 | metabolites of such substances, the presence of which
in | ||||||
21 | the newborn infant was the result of medical treatment | ||||||
22 | administered to the
mother or the newborn infant, and that | ||||||
23 | the biological mother of this child is
the biological | ||||||
24 | mother of at least one other child who was adjudicated a
| ||||||
25 | neglected minor under subsection (c) of Section 2-3 of the | ||||||
26 | Juvenile Court Act
of 1987, after which the biological | ||||||
27 | mother had the opportunity to enroll in
and participate in | ||||||
28 | a clinically appropriate substance abuse
counseling, | ||||||
29 | treatment, and rehabilitation program.
| ||||||
30 | E. "Parent" means the father or mother of a legitimate or | ||||||
31 | illegitimate
child. For the purpose of this Act, a person who | ||||||
32 | has executed a final and
irrevocable consent to adoption or a | ||||||
33 | final and irrevocable surrender for
purposes of adoption, or | ||||||
34 | whose parental rights have been terminated by a
court, is not a | ||||||
35 | parent of the child who was the subject of the consent or
| ||||||
36 | surrender, unless the consent is void pursuant to subsection O |
| |||||||
| |||||||
1 | of Section 10.
| ||||||
2 | F. A person is available for adoption when the person is:
| ||||||
3 | (a) a child who has been surrendered for adoption to an | ||||||
4 | agency and to
whose adoption the agency has thereafter | ||||||
5 | consented;
| ||||||
6 | (b) a child to whose adoption a person authorized by | ||||||
7 | law, other than his
parents, has consented, or to whose | ||||||
8 | adoption no consent is required pursuant
to Section 8 of | ||||||
9 | this Act;
| ||||||
10 | (c) a child who is in the custody of persons who intend | ||||||
11 | to adopt him
through placement made by his parents;
| ||||||
12 | (c-1) a child for whom a parent has signed a specific | ||||||
13 | consent pursuant
to subsection O of Section 10;
| ||||||
14 | (d) an adult who meets the conditions set forth in | ||||||
15 | Section 3 of this
Act; or
| ||||||
16 | (e) a child who has been relinquished as defined in | ||||||
17 | Section 10 of the
Abandoned Newborn Infant Protection Act.
| ||||||
18 | A person who would otherwise be available for adoption | ||||||
19 | shall not be
deemed unavailable for adoption solely by reason | ||||||
20 | of his or her death.
| ||||||
21 | G. The singular includes the plural and the plural includes
| ||||||
22 | the singular and the "male" includes the "female", as the | ||||||
23 | context of this
Act may require.
| ||||||
24 | H. "Adoption disruption" occurs when an adoptive placement | ||||||
25 | does not
prove successful and it becomes necessary for the | ||||||
26 | child to be removed from
placement before the adoption is | ||||||
27 | finalized.
| ||||||
28 | I. "Foreign placing agency" is an agency or individual | ||||||
29 | operating in a
country or territory outside the United States | ||||||
30 | that is authorized by its
country to place children for | ||||||
31 | adoption either directly with families in the
United States or | ||||||
32 | through United States based international agencies.
| ||||||
33 | J. "Immediate relatives" means the biological parents, the | ||||||
34 | parents of
the biological parents and siblings of the | ||||||
35 | biological parents.
| ||||||
36 | K. "Intercountry adoption" is a process by which a child |
| |||||||
| |||||||
1 | from a country
other than the United States is adopted.
| ||||||
2 | L. "Intercountry Adoption Coordinator" is a staff person of | ||||||
3 | the
Department of Children and Family Services appointed by the | ||||||
4 | Director to
coordinate the provision of services by the public | ||||||
5 | and private sector to
prospective parents of foreign-born | ||||||
6 | children.
| ||||||
7 | M. "Interstate Compact on the Placement of Children" is a | ||||||
8 | law enacted by
most states for the purpose of establishing | ||||||
9 | uniform procedures for handling
the interstate placement of | ||||||
10 | children in foster homes, adoptive homes, or
other child care | ||||||
11 | facilities.
| ||||||
12 | N. "Non-Compact state" means a state that has not enacted | ||||||
13 | the
Interstate Compact on the Placement of Children.
| ||||||
14 | O. "Preadoption requirements" are any conditions | ||||||
15 | established by the laws
or regulations of the Federal | ||||||
16 | Government or of each state that must be met
prior to the | ||||||
17 | placement of a child in an adoptive home.
| ||||||
18 | P. "Abused child" means a child whose parent or immediate | ||||||
19 | family member,
or any person responsible for the child's | ||||||
20 | welfare, or any individual
residing in the same home as the | ||||||
21 | child, or a paramour of the child's parent:
| ||||||
22 | (a) inflicts, causes to be inflicted, or allows to be | ||||||
23 | inflicted upon
the child physical injury, by other than | ||||||
24 | accidental means, that causes
death, disfigurement, | ||||||
25 | impairment of physical or emotional health, or loss
or | ||||||
26 | impairment of any bodily function;
| ||||||
27 | (b) creates a substantial risk of physical injury to | ||||||
28 | the child by
other than accidental means which would be | ||||||
29 | likely to cause death,
disfigurement, impairment of | ||||||
30 | physical or emotional health, or loss or
impairment of any | ||||||
31 | bodily function;
| ||||||
32 | (c) commits or allows to be committed any sex offense | ||||||
33 | against the child,
as sex offenses are defined in the | ||||||
34 | Criminal Code of 1961
and extending those definitions of | ||||||
35 | sex offenses to include children under
18 years of age;
| ||||||
36 | (d) commits or allows to be committed an act or acts of |
| |||||||
| |||||||
1 | torture upon
the child; or
| ||||||
2 | (e) inflicts excessive corporal punishment.
| ||||||
3 | Q. "Neglected child" means any child whose parent or other | ||||||
4 | person
responsible for the child's welfare withholds or denies | ||||||
5 | nourishment or
medically indicated treatment including food or | ||||||
6 | care denied solely on the
basis of the present or anticipated | ||||||
7 | mental or physical impairment as determined
by a physician | ||||||
8 | acting alone or in consultation with other physicians or
| ||||||
9 | otherwise does not provide the proper or necessary support, | ||||||
10 | education
as required by law, or medical or other remedial care | ||||||
11 | recognized under State
law as necessary for a child's | ||||||
12 | well-being, or other care necessary for his
or her well-being, | ||||||
13 | including adequate food, clothing and shelter; or who
is | ||||||
14 | abandoned by his or her parents or other person responsible for | ||||||
15 | the child's
welfare.
| ||||||
16 | A child shall not be considered neglected or abused for the
| ||||||
17 | sole reason that the child's parent or other person responsible | ||||||
18 | for his
or her welfare depends upon spiritual means through | ||||||
19 | prayer alone for the
treatment or cure of disease or remedial | ||||||
20 | care as provided under Section 4
of the Abused and Neglected | ||||||
21 | Child Reporting Act.
A child shall not be considered neglected | ||||||
22 | or abused for the sole reason that
the child's parent or other | ||||||
23 | person responsible for the child's welfare failed
to vaccinate, | ||||||
24 | delayed vaccination, or refused vaccination for the child
due | ||||||
25 | to a waiver on religious or medical grounds as permitted by | ||||||
26 | law.
| ||||||
27 | R. "Putative father" means a man who may be a child's | ||||||
28 | father, but who (1) is
not married to the child's mother on or | ||||||
29 | before the date that the child was or
is to be born and (2) has | ||||||
30 | not established paternity of the child in a court
proceeding | ||||||
31 | before the filing of a petition for the adoption of the child. | ||||||
32 | The
term includes a male who is less than 18 years of age. | ||||||
33 | "Putative father" does
not mean a man who is the child's father | ||||||
34 | as a result of criminal sexual abuse
or assault as defined | ||||||
35 | under Article 12 of the Criminal Code of 1961.
A child shall | ||||||
36 | not be considered neglected or abused for the sole reason that
|
| |||||||
| |||||||
1 | the child's parent or other person responsible for the child's | ||||||
2 | welfare failed
to vaccinate, delayed vaccination, or refused | ||||||
3 | vaccination for the child
due to a waiver on religious or | ||||||
4 | medical grounds as permitted by law.
| ||||||
5 | S. "Standby adoption" means an adoption in which a | ||||||
6 | terminally ill parent
consents to custody and termination of | ||||||
7 | parental rights to become
effective upon the occurrence of a | ||||||
8 | future event, which is either the death of
the terminally ill
| ||||||
9 | parent or the request of the parent
for the entry of a final | ||||||
10 | judgment of adoption.
| ||||||
11 | T. (Blank).
"Terminally ill parent" means a person who has | ||||||
12 | a medical prognosis by a
physician licensed to practice | ||||||
13 | medicine in all of its branches that the person
has an | ||||||
14 | incurable and irreversible condition which will lead to death.
| ||||||
15 | (Source: P.A. 91-357, eff. 7-29-99; 91-373, eff. 1-1-00; | ||||||
16 | 91-572, eff.
1-1-00; 92-16, eff. 6-28-01; 92-375, eff. 1-1-02; | ||||||
17 | 92-408, eff. 8-17-01; 92-432,
eff. 8-17-01 ; 92-651,
7-11-02; | ||||||
18 | revised 8-23-02.)
| ||||||
19 | (750 ILCS 50/9) (from Ch. 40, par. 1511)
| ||||||
20 | Sec. 9. Time for
taking a consent or surrender.
| ||||||
21 | A. A consent or a surrender taken not less than 72 hours | ||||||
22 | after the birth
of the child is irrevocable except as provided | ||||||
23 | in Section 11 of this Act.
| ||||||
24 | B. No consent or surrender shall be taken within the 72 | ||||||
25 | hour period
immediately following the birth of the child.
| ||||||
26 | C. A consent or a surrender may be taken from the father | ||||||
27 | prior to the
birth of the child. Such consent or surrender | ||||||
28 | shall be revoked if, within
72 hours after the birth of the | ||||||
29 | child, the father who gave such consent or
surrender, notifies | ||||||
30 | in writing the person, agency or court representative
who took | ||||||
31 | the surrender or consent or any individual representing or
| ||||||
32 | connected with such person, agency or court representative of | ||||||
33 | the
revocation of the consent or surrender.
| ||||||
34 | D. Any consent or surrender taken in accordance with | ||||||
35 | paragraph C above
which is not revoked within 72 hours after |
| |||||||
| |||||||
1 | the birth of the child is
irrevocable except as provided in | ||||||
2 | Section 11 of this Act.
| ||||||
3 | E. Consent may be given to a standby adoption by a | ||||||
4 | terminally ill parent
whose
consent is required pursuant to | ||||||
5 | Section 8 of this Act to become effective when
the consenting
| ||||||
6 | terminally ill parent of the child dies or that parent requests | ||||||
7 | that the final
judgment of
adoption be entered.
| ||||||
8 | (Source: P.A. 91-572, eff. 1-1-00.)
| ||||||
9 | (750 ILCS 50/10) (from Ch. 40, par. 1512)
| ||||||
10 | Sec. 10. Forms of consent and surrender; execution and
| ||||||
11 | acknowledgment thereof.
| ||||||
12 | A. The form of consent required for the
adoption of a born | ||||||
13 | child shall be substantially as follows:
| ||||||
14 | FINAL AND IRREVOCABLE CONSENT TO ADOPTION
| ||||||
15 | I, ...., (relationship, e.g., mother, father, relative, | ||||||
16 | guardian)
of ...., a ..male child, state:
| ||||||
17 | That such child was born on .... at ....
| ||||||
18 | That I reside at ...., County of .... and State of ....
| ||||||
19 | That I am of the age of .... years.
| ||||||
20 | That I hereby enter my appearance in this proceeding and | ||||||
21 | waive
service of summons on me.
| ||||||
22 | That I do hereby consent and agree to the adoption of such | ||||||
23 | child.
| ||||||
24 | That I wish to and understand that by signing this consent | ||||||
25 | I do
irrevocably and permanently give up all custody and other | ||||||
26 | parental
rights I have to such child.
| ||||||
27 | That I understand such child will be placed for adoption | ||||||
28 | and that I
cannot under any circumstances, after signing this | ||||||
29 | document, change my
mind and revoke or cancel this consent or | ||||||
30 | obtain or recover custody or
any other rights over such child. | ||||||
31 | That I have read and understand the
above and I am signing it | ||||||
32 | as my free and voluntary act.
| ||||||
33 | Dated (insert date).
| ||||||
34 | .........................
|
| |||||||
| |||||||
1 | If under Section 8 the consent of more than one person is | ||||||
2 | required,
then each such person shall execute a separate | ||||||
3 | consent.
| ||||||
4 | B. The form of consent required for the adoption of an | ||||||
5 | unborn child
shall be substantially as follows:
| ||||||
6 | CONSENT TO ADOPTION OF UNBORN CHILD
| ||||||
7 | I, ...., state:
| ||||||
8 | That I am the father of a child expected to be born on or | ||||||
9 | about ....
to .... (name of mother).
| ||||||
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 such adoption | ||||||
13 | proceeding and
waive service of summons on me.
| ||||||
14 | That I do hereby consent and agree to the adoption of such | ||||||
15 | child, and
that I have not previously executed a consent or | ||||||
16 | surrender with respect
to such child.
| ||||||
17 | That I wish to and do understand that by signing this | ||||||
18 | consent I do
irrevocably and permanently give up all custody | ||||||
19 | and other parental
rights I have to such child, except that I | ||||||
20 | have the right to revoke this
consent by giving written notice | ||||||
21 | of my revocation not later than 72
hours after the birth of the | ||||||
22 | child.
| ||||||
23 | That I understand such child will be placed for adoption | ||||||
24 | and that,
except as hereinabove provided, I cannot under any | ||||||
25 | circumstances, after
signing this document, change my mind and | ||||||
26 | revoke or cancel this consent
or obtain or recover custody or | ||||||
27 | any other rights over such child.
| ||||||
28 | That I have read and understand the above and I am signing | ||||||
29 | it as my
free and voluntary act.
| ||||||
30 | Dated (insert date).
| ||||||
31 | ........................
| ||||||
32 | B-5. (1) The parent of a child may execute a consent to | ||||||
33 | standby
adoption by a specified person or persons. A consent | ||||||
34 | under this subsection B-5
shall be acknowledged by a parent | ||||||
35 | pursuant to subsection H and subsection K of
this Section.
The | ||||||
36 | form of consent required for the standby adoption of a born |
| |||||||
| |||||||
1 | child
effective at a future date when the consenting
terminally | ||||||
2 | ill parent of the child dies or
requests that a final judgment | ||||||
3 | of adoption be entered shall be substantially as
follows:
| ||||||
4 | FINAL AND IRREVOCABLE CONSENT
| ||||||
5 | TO STANDBY ADOPTION
| ||||||
6 | I, ..., (relationship, e.g. mother or father)
of ...., a | ||||||
7 | ..male child, state:
| ||||||
8 | That the child was born on .... at .....
| ||||||
9 | That I reside at ...., County of ...., and State of .....
| ||||||
10 | That I am of the age of .... years.
| ||||||
11 | That I hereby enter my appearance in this proceeding and | ||||||
12 | waive service of
summons on me in this action only.
| ||||||
13 | That I do hereby consent and
agree to the standby adoption | ||||||
14 | of the child, and that I have not previously
executed a consent | ||||||
15 | or surrender with respect to the child.
| ||||||
16 | That (I am terminally ill) (the child's other parent is | ||||||
17 | terminally
ill).
| ||||||
18 | That I wish to and understand that by signing this consent | ||||||
19 | I do irrevocably
and permanently give up all custody and other | ||||||
20 | parental rights I have to the
child, effective upon
(my death) | ||||||
21 | (the child's other parent's death) or upon (my) (the other
| ||||||
22 | terminally ill
parent's) request for the entry of a final | ||||||
23 | judgment for adoption if .....
(specified person or persons) | ||||||
24 | adopt my child.
| ||||||
25 | That I understand that until (I die) (the child's other | ||||||
26 | parent dies), I
retain all legal rights and obligations | ||||||
27 | concerning the child, but at that time,
I irrevocably give all | ||||||
28 | custody and other parental rights to .... (specified
person or | ||||||
29 | persons).
| ||||||
30 | I understand my child will be adopted by ....... (specified | ||||||
31 | person or
persons) only and that I cannot, under any | ||||||
32 | circumstances, after signing this
document, change my mind and | ||||||
33 | revoke or cancel this consent or obtain or recover
custody or | ||||||
34 | any other rights over my child if ..... (specified person or
| ||||||
35 | persons) adopt my child.
| ||||||
36 | I understand that this consent to standby adoption is valid |
| |||||||
| |||||||
1 | only if the
petition for standby adoption is filed and that if | ||||||
2 | ....... (specified person or
persons), for any reason, cannot | ||||||
3 | or will not file a petition for standby
adoption or if his, | ||||||
4 | her, or their petition for standby adoption is denied, then
| ||||||
5 | this consent is void. I have the right to notice of any other | ||||||
6 | proceeding that
could affect my parental rights.
| ||||||
7 | That I have read and understand the above and I am signing | ||||||
8 | it as my free and
voluntary act.
| ||||||
9 | Dated (insert date).
| ||||||
10 | ....................
| ||||||
11 | If under Section 8 the consent of more than one person is | ||||||
12 | required, then each
such
person shall execute a separate | ||||||
13 | consent. A separate consent shall be executed
for each
child.
| ||||||
14 | (2) If the parent consents to a standby adoption by 2 | ||||||
15 | specified persons,
then the form shall contain 2 additional | ||||||
16 | paragraphs in substantially the
following form:
| ||||||
17 | If .... (specified persons) obtain a judgment of
| ||||||
18 | dissolution of
marriage before the judgment for adoption is | ||||||
19 | entered, then .....
(specified person) shall adopt my child. I | ||||||
20 | understand that I cannot change my
mind and revoke this consent | ||||||
21 | or obtain or recover custody of my child if .....
(specified | ||||||
22 | persons) obtain a judgment of dissolution of marriage and .....
| ||||||
23 | (specified person) adopts my child. I understand that I cannot | ||||||
24 | change my
mind and revoke this consent if ...... (specified | ||||||
25 | persons) obtain a
judgment of dissolution of marriage before | ||||||
26 | the adoption is final. I
understand that this consent to | ||||||
27 | adoption has no effect on who will get custody
of my child if | ||||||
28 | ..... (specified persons) obtain a judgment of dissolution
of | ||||||
29 | marriage after the adoption is final. I understand that if | ||||||
30 | either .....
(specified persons) dies before the petition to | ||||||
31 | adopt my child is granted, then
the surviving person may adopt | ||||||
32 | my child. I understand that I cannot change my
mind and revoke | ||||||
33 | this consent or obtain or recover custody of my child if the
| ||||||
34 | surviving person adopts my child.
| ||||||
35 | A consent to standby adoption by specified persons on this |
| |||||||
| |||||||
1 | form shall have no
effect on a court's determination of custody | ||||||
2 | or visitation under the Illinois
Marriage and Dissolution
of | ||||||
3 | Marriage Act if the marriage of the specified persons is | ||||||
4 | dissolved before
the adoption is final.
| ||||||
5 | (3) The form of the certificate of acknowledgement for a | ||||||
6 | Final and
Irrevocable Consent for Standby Adoption shall be | ||||||
7 | substantially as follows:
| ||||||
8 | STATE OF .....)
| ||||||
9 | ) SS.
| ||||||
10 | COUNTY OF ....)
| ||||||
11 | I, ....... (name of Judge or other person) ..... (official | ||||||
12 | title,
name, and address), certify that ......., personally | ||||||
13 | known to me to be
the same person whose name is subscribed to | ||||||
14 | the foregoing Final and Irrevocable
Consent to Standby | ||||||
15 | Adoption, appeared before me this day in person and
| ||||||
16 | acknowledged that (she) (he) signed and
delivered the consent | ||||||
17 | as (her) (his) free and voluntary act, for the specified
| ||||||
18 | purpose.
| ||||||
19 | I have fully explained that this consent to adoption is | ||||||
20 | valid only if the
petition to adopt is filed, and that if the | ||||||
21 | specified person or persons, for
any reason, cannot or will not | ||||||
22 | adopt the child or if the adoption petition is
denied, then | ||||||
23 | this consent will be void. I have fully explained that if the
| ||||||
24 | specified person or persons adopt the child, by signing this | ||||||
25 | consent (she) (he)
is irrevocably and permanently | ||||||
26 | relinquishing all parental rights to the child,
and (she) (he) | ||||||
27 | has stated that such is (her) (his) intention and desire.
| ||||||
28 | Dated (insert date).
| ||||||
29 | Signature..............................
| ||||||
30 | (4) If a consent to standby adoption is executed in this | ||||||
31 | form,
the consent shall be valid only if the specified
person | ||||||
32 | or persons adopt the child. The consent shall be void if:
| ||||||
33 | (a) the specified person or persons do not file a petition | ||||||
34 | for standby
adoption of the child; or
|
| |||||||
| |||||||
1 | (b) a court denies the standby adoption petition.
| ||||||
2 | The parent shall not need to take further action to revoke | ||||||
3 | the consent if the
standby adoption by the specified person or | ||||||
4 | persons does not occur,
notwithstanding the provisions of | ||||||
5 | Section 11 of this Act.
| ||||||
6 | C. The form of surrender to any agency given by a parent of | ||||||
7 | a born
child who is to be subsequently placed for adoption | ||||||
8 | shall be
substantially as follows and shall contain such other | ||||||
9 | facts and
statements as the particular agency shall require.
| ||||||
10 | FINAL AND IRREVOCABLE SURRENDER
| ||||||
11 | FOR PURPOSES OF ADOPTION
| ||||||
12 | I, .... (relationship, e.g., mother, father, relative, | ||||||
13 | guardian) of
...., a ..male child, state:
| ||||||
14 | That such child was born on ...., at .....
| ||||||
15 | That I reside at ...., County of ...., and State of .....
| ||||||
16 | That I am of the age of .... years.
| ||||||
17 | That I do hereby surrender and entrust the entire custody | ||||||
18 | and control
of such child to the .... (the "Agency"), a | ||||||
19 | (public) (licensed) child
welfare agency with its principal | ||||||
20 | office in the City of ...., County of
.... and State of ...., | ||||||
21 | for the purpose of enabling it to care for and
supervise the | ||||||
22 | care of such child, to place such child for adoption and
to | ||||||
23 | consent to the legal adoption of such child.
| ||||||
24 | That I hereby grant to the Agency full power and authority | ||||||
25 | to place
such child with any person or persons it may in its | ||||||
26 | sole discretion
select to become the adopting parent or parents | ||||||
27 | and to consent to the
legal adoption of such child by such | ||||||
28 | person or persons; and to take any
and all measures which, in | ||||||
29 | the judgment of the Agency, may be for the
best interests of | ||||||
30 | such child, including authorizing medical, surgical
and dental | ||||||
31 | care and treatment including inoculation and anaesthesia for
| ||||||
32 | such child.
| ||||||
33 | That I wish to and understand that by signing this | ||||||
34 | surrender I do
irrevocably and permanently give up all custody | ||||||
35 | and other parental
rights I have to such child.
| ||||||
36 | That I understand I cannot under any circumstances, after |
| |||||||
| |||||||
1 | signing
this surrender, change my mind and revoke or cancel | ||||||
2 | this surrender or
obtain or recover custody or any other rights | ||||||
3 | over such child.
| ||||||
4 | That I have read and understand the above and I am signing | ||||||
5 | it as my
free and voluntary act.
| ||||||
6 | Dated (insert date).
| ||||||
7 | ........................
| ||||||
8 | D. The form of surrender to an agency given by a parent of | ||||||
9 | an unborn
child who is to be subsequently placed for adoption | ||||||
10 | shall be
substantially as follows and shall contain such other | ||||||
11 | facts and
statements as the particular agency shall require.
| ||||||
12 | SURRENDER OF UNBORN CHILD FOR
| ||||||
13 | PURPOSES OF ADOPTION
| ||||||
14 | I, .... (father), state:
| ||||||
15 | That I am the father of a child expected to be born on or | ||||||
16 | about ....
to .... (name of mother).
| ||||||
17 | That I reside at ...., County of ...., and State of .....
| ||||||
18 | That I am of the age of .... years.
| ||||||
19 | That I do hereby surrender and entrust the entire custody | ||||||
20 | and control
of such child to the .... (the "Agency"), a | ||||||
21 | (public) (licensed) child
welfare agency with its principal | ||||||
22 | office in the City of ...., County of
.... and State of ...., | ||||||
23 | for the purpose of enabling it to care for and
supervise the | ||||||
24 | care of such child, to place such child for adoption and
to | ||||||
25 | consent to the legal adoption of such child, and that I have | ||||||
26 | not
previously executed a consent or surrender with respect to | ||||||
27 | such child.
| ||||||
28 | That I hereby grant to the Agency full power and authority | ||||||
29 | to place
such child with any person or persons it may in its | ||||||
30 | sole discretion
select to become the adopting parent or parents | ||||||
31 | and to consent to the
legal adoption of such child by such | ||||||
32 | person or persons; and to take any
and all measures which, in | ||||||
33 | the judgment of the Agency, may be for the
best interests of | ||||||
34 | such child, including authorizing medical, surgical
and dental | ||||||
35 | care and treatment, including inoculation and anaesthesia for
| ||||||
36 | such child.
|
| |||||||
| |||||||
1 | That I wish to and understand that by signing this | ||||||
2 | surrender I do
irrevocably and permanently give up all custody | ||||||
3 | and other parental
rights I have to such child.
| ||||||
4 | That I understand I cannot under any circumstances, after | ||||||
5 | signing
this surrender, change my mind and revoke or cancel | ||||||
6 | this surrender or
obtain or recover custody or any other rights | ||||||
7 | over such child, except
that I have the right to revoke this | ||||||
8 | surrender by giving written notice
of my revocation not later | ||||||
9 | than 72 hours after the birth of such child.
| ||||||
10 | That I have read and understand the above and I am signing | ||||||
11 | it as my
free and voluntary act.
| ||||||
12 | Dated (insert date).
| ||||||
13 | ........................
| ||||||
14 | E. The form of consent required from the parents for the | ||||||
15 | adoption of
an adult, when such adult elects to obtain such | ||||||
16 | consent, shall be
substantially as follows:
| ||||||
17 | CONSENT
| ||||||
18 | I, ...., (father) (mother) of ...., an adult, state:
| ||||||
19 | That I reside at ...., County of .... and State of .....
| ||||||
20 | That I do hereby consent and agree to the adoption of such | ||||||
21 | adult by
.... and .....
| ||||||
22 | Dated (insert date).
| ||||||
23 | .........................
| ||||||
24 | F. The form of consent required for the adoption of a child | ||||||
25 | of the
age of 14 years or upwards, or of an adult, to be given | ||||||
26 | by such person,
shall be substantially as follows:
| ||||||
27 | CONSENT
| ||||||
28 | I, ...., state:
| ||||||
29 | That I reside at ...., County of .... and State of ..... | ||||||
30 | That I am
of the age of .... years. That I consent and agree to | ||||||
31 | my adoption by
.... and .....
| ||||||
32 | Dated (insert date).
| ||||||
33 | ........................
| ||||||
34 | G. The form of consent given by an agency to the adoption | ||||||
35 | by
specified persons of a child previously surrendered to it | ||||||
36 | shall set
forth that the agency has the authority to execute |
| |||||||
| |||||||
1 | such consent. The
form of consent given by a guardian of the | ||||||
2 | person of a child sought to
be adopted, appointed by a court of | ||||||
3 | competent jurisdiction, shall set
forth the facts of such | ||||||
4 | appointment and the authority of the guardian to
execute such | ||||||
5 | consent.
| ||||||
6 | H. A consent (other than that given by an agency, or | ||||||
7 | guardian of the
person of the child sought to be adopted | ||||||
8 | appointed by a court of
competent jurisdiction) shall be | ||||||
9 | acknowledged by a parent before the
presiding judge of the | ||||||
10 | court in which the petition for adoption has
been, or is to be | ||||||
11 | filed or before any other judge or hearing officer
designated | ||||||
12 | or
subsequently approved by the court, or the circuit clerk if | ||||||
13 | so authorized
by the presiding judge or, except as otherwise | ||||||
14 | provided in
this Act, before a representative of the Department | ||||||
15 | of Children and
Family Services or a licensed child welfare | ||||||
16 | agency, or before social
service personnel under the | ||||||
17 | jurisdiction of a court of competent
jurisdiction, or before | ||||||
18 | social service personnel of the Cook County
Department of | ||||||
19 | Supportive Services designated by the presiding judge.
| ||||||
20 | I. A surrender, or any other document equivalent to a | ||||||
21 | surrender, by
which a child is surrendered to an agency shall | ||||||
22 | be acknowledged by the
person signing such surrender, or other | ||||||
23 | document, before a judge or hearing
officer or the
clerk of any | ||||||
24 | court of record, either in this State or any other state of
the | ||||||
25 | United States, or before a representative of an agency or | ||||||
26 | before any
other person designated or approved by the presiding | ||||||
27 | judge of the court
in which the petition for adoption has been, | ||||||
28 | or is to be, filed.
| ||||||
29 | J. The form of the certificate of acknowledgment for a | ||||||
30 | consent, a
surrender, or any other document equivalent to a | ||||||
31 | surrender, shall be
substantially as follows:
| ||||||
32 | STATE OF ....)
| ||||||
33 | ) SS.
| ||||||
34 | COUNTY OF ...)
| ||||||
35 | I, .... (Name of judge or other person), .... (official | ||||||
36 | title, name and
location of court or status or position of |
| |||||||
| |||||||
1 | other person),
certify that ...., personally known to me to be | ||||||
2 | the same person whose
name is subscribed to the foregoing | ||||||
3 | (consent) (surrender), appeared
before me this day in person | ||||||
4 | and acknowledged that (she) (he) signed and
delivered such | ||||||
5 | (consent) (surrender) as (her) (his) free and voluntary
act, | ||||||
6 | for the specified purpose.
| ||||||
7 | I have fully explained that by signing such (consent) | ||||||
8 | (surrender)
(she) (he) is irrevocably relinquishing all | ||||||
9 | parental rights to such
child or adult and (she) (he) has | ||||||
10 | stated that such is (her) (his)
intention and desire.
| ||||||
11 | Dated (insert date).
| ||||||
12 | Signature ...............
| ||||||
13 | K. When the execution of a consent or a surrender is | ||||||
14 | acknowledged
before someone other than a judge or the clerk of | ||||||
15 | a court of record,
such other person shall have his signature | ||||||
16 | on the certificate
acknowledged before a notary public, in form | ||||||
17 | substantially as follows:
| ||||||
18 | STATE OF ....)
| ||||||
19 | ) SS.
| ||||||
20 | COUNTY OF ...)
| ||||||
21 | I, a Notary Public, in and for the County of ......, in the | ||||||
22 | State of
......, certify that ...., personally known to me to | ||||||
23 | be the
same person whose name is subscribed to the foregoing | ||||||
24 | certificate of
acknowledgment, appeared before me in person and | ||||||
25 | acknowledged that (she)
(he) signed such certificate as (her) | ||||||
26 | (his) free and voluntary act and
that the statements made in | ||||||
27 | the certificate are true.
| ||||||
28 | Dated (insert date).
| ||||||
29 | Signature ...................... Notary Public
| ||||||
30 | (official seal)
| ||||||
31 | There shall be attached a certificate of magistracy, or | ||||||
32 | other
comparable proof of office of the notary public | ||||||
33 | satisfactory to the
court, to a consent signed and acknowledged | ||||||
34 | in another state.
| ||||||
35 | L. A surrender or consent executed and acknowledged outside |
| |||||||
| |||||||
1 | of this
State, either in accordance with the law of this State | ||||||
2 | or in accordance
with the law of the place where executed, is | ||||||
3 | valid.
| ||||||
4 | M. Where a consent or a surrender is signed in a foreign | ||||||
5 | country,
the execution of such consent shall be acknowledged or | ||||||
6 | affirmed in a
manner conformable to the law and procedure of | ||||||
7 | such country.
| ||||||
8 | N. If the person signing a consent or surrender is in the | ||||||
9 | military
service of the United States, the execution of such | ||||||
10 | consent or surrender
may be acknowledged before a commissioned | ||||||
11 | officer and the signature of
such officer on such certificate | ||||||
12 | shall be verified or acknowledged
before a notary public or by | ||||||
13 | such other procedure as is then in effect
for such division or | ||||||
14 | branch of the armed forces.
| ||||||
15 | O. (1) The parent or parents of a child in whose interests | ||||||
16 | a petition
under Section 2-13 of the Juvenile Court Act of 1987 | ||||||
17 | is pending may, with the
approval of the designated | ||||||
18 | representative of the Department of Children and
Family | ||||||
19 | Services, execute a consent to adoption by a specified person | ||||||
20 | or
persons:
| ||||||
21 | (a) in whose physical custody the child has resided for | ||||||
22 | at least 6
months;
or
| ||||||
23 | (b) in whose physical custody at least one sibling of | ||||||
24 | the child who is the
subject of this consent has resided | ||||||
25 | for at least 6 months, and
the child who is
the subject of | ||||||
26 | this consent is currently residing in this foster home; or
| ||||||
27 | (c) in whose physical custody a child under one year of | ||||||
28 | age has resided
for at least 3 months.
| ||||||
29 | A consent under this subsection O shall be acknowledged by a | ||||||
30 | parent pursuant to
subsection H and subsection K of this | ||||||
31 | Section.
| ||||||
32 | (2) The consent to adoption by a specified person or | ||||||
33 | persons shall have the
caption of the proceeding in which it is | ||||||
34 | to be filed and shall be substantially
as follows:
| ||||||
35 | FINAL AND IRREVOCABLE CONSENT TO ADOPTION BY
| ||||||
36 | A SPECIFIED PERSON OR PERSONS
|
| |||||||
| |||||||
1 | I, ......................................, the | ||||||
2 | .................. (mother or
father) of a ....male child, | ||||||
3 | state:
| ||||||
4 | 1. My child ............................ (name of | ||||||
5 | child) was born on
(insert date) at .................... | ||||||
6 | Hospital in
................ County, State of | ||||||
7 | ...............
| ||||||
8 | 2. I reside at ......................, County of | ||||||
9 | ............. and
State of ..............
| ||||||
10 | 3. I, ..........................., am .... years old.
| ||||||
11 | 4. I enter my appearance in this action to adopt my | ||||||
12 | child by the
person or persons specified herein by me and | ||||||
13 | waive service of
summons on me in this action only.
| ||||||
14 | 5. I consent to the adoption of my child by
| ||||||
15 | .............................
(specified person or | ||||||
16 | persons) only.
| ||||||
17 | 6. I wish to sign this consent and I understand that by | ||||||
18 | signing this
consent I irrevocably and permanently give up | ||||||
19 | all parental rights I have to my
child if my child is | ||||||
20 | adopted by ............................. (specified person
| ||||||
21 | or persons).
| ||||||
22 | 7. I understand my child will be adopted by | ||||||
23 | .............................
(specified person or | ||||||
24 | persons) only and that I cannot under any circumstances,
| ||||||
25 | after signing this document, change my mind and revoke or | ||||||
26 | cancel this consent
or obtain or recover custody or any | ||||||
27 | other rights over my child if
............................ | ||||||
28 | (specified person or persons) adopt my child.
| ||||||
29 | 8. I understand that this consent to adoption is valid | ||||||
30 | only if the
petition to adopt is filed within one year from | ||||||
31 | the date that I sign it and
that if ....................... | ||||||
32 | (specified person or persons), for any reason,
cannot or | ||||||
33 | will not file a petition to adopt my child within that one | ||||||
34 | year
period or if their adoption petition is denied, then | ||||||
35 | this consent will be
voidable after one year upon the | ||||||
36 | timely filing of my motion. If I file this
motion before |
| |||||||
| |||||||
1 | the filing of the petition for adoption, I understand that | ||||||
2 | the
court shall revoke this specific consent.
I have the | ||||||
3 | right to notice of any other proceeding that could affect | ||||||
4 | my
parental rights, except for the proceeding for | ||||||
5 | ............. (specified person
or persons) to adopt my | ||||||
6 | child.
| ||||||
7 | 9. I have read and understand the above and I am | ||||||
8 | signing it as my free
and voluntary act.
| ||||||
9 | Dated (insert date).
| ||||||
10 | .............................................
| ||||||
11 | Signature of parent
| ||||||
12 | (3) If the parent consents to an adoption by 2 specified | ||||||
13 | persons, then the
form shall contain 2 additional paragraphs in | ||||||
14 | substantially the following form:
| ||||||
15 | 10. If ............... (specified persons) get a | ||||||
16 | divorce
before the petition to adopt my child is granted, | ||||||
17 | then ..........
(specified person) shall adopt my child. I | ||||||
18 | understand that I
cannot change my mind and revoke this | ||||||
19 | consent or obtain or
recover custody over my child if | ||||||
20 | ............. (specified persons)
divorce and | ||||||
21 | ............. (specified person) adopts my
child. I | ||||||
22 | understand that I cannot change my mind and revoke
this | ||||||
23 | consent or obtain or recover custody over my child if
| ||||||
24 | ................. (specified persons) divorce after the
| ||||||
25 | adoption is final. I understand that this consent to | ||||||
26 | adoption
has no effect on who will get custody of my child | ||||||
27 | if they
divorce after the adoption is final.
| ||||||
28 | 11. I understand that if either ...............
| ||||||
29 | (specified persons) dies before the petition to adopt
my | ||||||
30 | child is granted, then the surviving person can adopt my | ||||||
31 | child. I
understand that I cannot change my mind and revoke | ||||||
32 | this consent
or obtain or recover custody over my child if | ||||||
33 | the surviving
person adopts my child.
| ||||||
34 | A consent to adoption by specified persons on this form | ||||||
35 | shall
have no effect on a court's determination of custody or | ||||||
36 | visitation
under the Illinois Marriage and Dissolution of |
| |||||||
| |||||||
1 | Marriage Act if the
marriage of the
specified persons is | ||||||
2 | dissolved after the adoption is final.
| ||||||
3 | (4) The form of the certificate of acknowledgement for a | ||||||
4 | Final and
Irrevocable Consent for Adoption by a Specified | ||||||
5 | Person or Persons shall be
substantially as follows:
| ||||||
6 | STATE OF..............)
| ||||||
7 | ) SS.
| ||||||
8 | COUNTY OF.............)
| ||||||
9 | I, .................... (Name of Judge or other person),
| ||||||
10 | ..................... (official title, name, and address),
| ||||||
11 | certify that ............., personally known to me to be the | ||||||
12 | same person whose
name is subscribed to the foregoing Final and | ||||||
13 | Irrevocable Consent for Adoption
by a Specified Person or | ||||||
14 | Persons, appeared before me this day
in person and acknowledged | ||||||
15 | that (she)(he) signed and delivered the consent as
(her)(his) | ||||||
16 | free and voluntary act, for the specified purpose.
| ||||||
17 | I have fully explained that this consent to adoption is | ||||||
18 | valid only if the
petition to adopt is filed within one year | ||||||
19 | from the date that it is signed, and
that if the specified | ||||||
20 | person or persons, for any reason, cannot or will not
adopt the | ||||||
21 | child or if the adoption petition is denied, then this consent | ||||||
22 | will
be voidable after one year upon the timely filing of a | ||||||
23 | motion by the parent
to revoke the consent. I explained that if | ||||||
24 | this motion is filed before the
filing of the petition for | ||||||
25 | adoption, the court shall revoke this specific
consent. I have | ||||||
26 | fully explained that if the specified person or
persons adopt
| ||||||
27 | the child, by signing this consent this parent is irrevocably
| ||||||
28 | and permanently
relinquishing all parental rights to the child, | ||||||
29 | and this parent has stated that
such is (her)(his) intention | ||||||
30 | and desire.
| ||||||
31 | Dated (insert date).
| ||||||
32 | ...............................
| ||||||
33 | Signature
| ||||||
34 | (5) If a consent to adoption by a specified person or |
| |||||||
| |||||||
1 | persons is executed in
this form, the following provisions | ||||||
2 | shall apply. The consent shall be valid
only if that specified | ||||||
3 | person or persons adopt the child. The consent shall be
| ||||||
4 | voidable after one year if:
| ||||||
5 | (a) the specified person or persons do not file a | ||||||
6 | petition to adopt the
child within one year after the | ||||||
7 | consent is signed and the parent files a
timely motion to | ||||||
8 | revoke this consent. If this motion is filed before the
| ||||||
9 | filing of the petition for adoption the court shall revoke | ||||||
10 | this consent; or
| ||||||
11 | (b) a court denies the adoption petition; or
| ||||||
12 | (c) the Department of Children and Family Services | ||||||
13 | Guardianship
Administrator determines that the specified | ||||||
14 | person or persons will not or
cannot complete the adoption, | ||||||
15 | or in the best interests of the child should not
adopt the | ||||||
16 | child.
| ||||||
17 | Within 30 days of the consent becoming void, the Department | ||||||
18 | of Children and
Family Services Guardianship Administrator | ||||||
19 | shall make good faith attempts to
notify the parent in writing | ||||||
20 | and shall give written notice to the court and all
additional | ||||||
21 | parties in writing that the adoption has not occurred or will | ||||||
22 | not
occur and that the consent is void. If the adoption by a | ||||||
23 | specified person or
persons does not occur, no proceeding for | ||||||
24 | termination of parental rights shall
be brought unless the | ||||||
25 | biological parent who executed the consent to adoption by
a | ||||||
26 | specified person or persons has been notified of the proceeding | ||||||
27 | pursuant to
Section 7 of this Act or subsection (4) of Section | ||||||
28 | 2-13 of the Juvenile Court
Act of 1987. The parent shall not | ||||||
29 | need to take further action to revoke the
consent if the | ||||||
30 | specified adoption does not occur, notwithstanding the
| ||||||
31 | provisions of Section 11 of this Act.
| ||||||
32 | (6) The Department of Children and Family Services is | ||||||
33 | authorized
to promulgate rules necessary to implement this | ||||||
34 | subsection O.
| ||||||
35 | (7) The Department shall collect and maintain data | ||||||
36 | concerning the efficacy
of specific consents. This data shall |
| |||||||
| |||||||
1 | include the number of specific consents
executed and their | ||||||
2 | outcomes, including but not limited to the number of
children | ||||||
3 | adopted pursuant to the consents, the number of children for | ||||||
4 | whom
adoptions are not completed, and the reason or reasons why | ||||||
5 | the adoptions are
not completed.
| ||||||
6 | (Source: P.A. 91-357, eff. 7-29-99; 91-572, eff. 1-1-00; | ||||||
7 | 92-320, eff.
1-1-02 .)
| ||||||
8 | (750 ILCS 50/13.1)
| ||||||
9 | Sec. 13.1. Order for standby adoption.
| ||||||
10 | (a) If it is proved to the satisfaction of the court, after | ||||||
11 | such
investigation as the court deems necessary, that the | ||||||
12 | child's parent
consents to or fails to object to the standby | ||||||
13 | adoption and adoption by the
petitioner will be for the welfare | ||||||
14 | of the child, the court may
enter an order for standby | ||||||
15 | adoption. However, the consenting
terminally ill parent's | ||||||
16 | parental rights may not be terminated until consent
becomes | ||||||
17 | effective.
| ||||||
18 | (b) The order for standby adoption shall be final as to all | ||||||
19 | findings and
shall be followed in the judgment of adoption | ||||||
20 | unless the
court finds by clear and convincing evidence that it | ||||||
21 | is no longer in the best
interest of the child for the adoption | ||||||
22 | to be finalized.
| ||||||
23 | (c) Once the standby adoptive parent receives knowledge of | ||||||
24 | the
death of the consenting
terminally ill parent, or the | ||||||
25 | consenting
terminally ill parent
requests that a final judgment | ||||||
26 | for adoption be entered, the standby
adoptive parent shall have | ||||||
27 | 60 days to apply for a judgment
for adoption.
| ||||||
28 | (Source: P.A. 91-572, eff. 1-1-00.)
| ||||||
29 | (750 ILCS 50/14) (from Ch. 40, par. 1517)
| ||||||
30 | Sec. 14. Judgment.
| ||||||
31 | (a) Prior to the entry of the judgment for order of
| ||||||
32 | adoption in any case other than an adoption of a related child | ||||||
33 | or of an
adult, each petitioner and each
person, agency, | ||||||
34 | association, corporation, institution, society or
organization |
| |||||||
| |||||||
1 | involved in the adoption of the child, except a child welfare
| ||||||
2 | agency, shall
execute an affidavit setting forth the hospital | ||||||
3 | and medical costs, legal
fees, counseling fees, and any other | ||||||
4 | fees or expenditures paid in accordance
with the Adoption | ||||||
5 | Compensation Prohibition Act.
| ||||||
6 | (b) Before the entry of the judgment for adoption, each | ||||||
7 | child welfare agency
involved in the adoption of the child | ||||||
8 | shall file an affidavit concerning the
costs, expenses, | ||||||
9 | contributions, fees, compensation, or other things of value
| ||||||
10 | which have been given, promised, or received including but not | ||||||
11 | limited to
hospital and medical costs, legal fees, social | ||||||
12 | services, living expenses, or
any other expenses related to the | ||||||
13 | adoption paid in accordance with the Adoption
Compensation | ||||||
14 | Prohibition Act.
| ||||||
15 | If the total amount paid by the child welfare agency is | ||||||
16 | $4,500 or more, the
affidavit shall contain an itemization of | ||||||
17 | expenditures.
| ||||||
18 | If the total amount paid by the child welfare agency is | ||||||
19 | less than $4,500, the
agency may file an unitemized affidavit | ||||||
20 | stating that the total amount paid is
less than $4,500 unless | ||||||
21 | the court, in its discretion, requires that agency to
file an | ||||||
22 | itemized affidavit.
| ||||||
23 | (c) No affidavit need be filed
in the case of an adoption | ||||||
24 | of a related child or an adult, nor shall an
affidavit be | ||||||
25 | required to be filed
by a non-consenting parent, or by any | ||||||
26 | judge, or clerk, involved in an
official capacity in the | ||||||
27 | adoption
proceedings.
| ||||||
28 | (d) All affidavits filed in accordance with this Section | ||||||
29 | shall be under penalty of perjury
and shall include, but are | ||||||
30 | not limited to, hospital and medical
costs,
legal fees, social | ||||||
31 | services, living expenses or any other expenses
related to the | ||||||
32 | adoption or to the placement of the child, whether or not the
| ||||||
33 | payments are permitted by applicable laws.
| ||||||
34 | (e) Upon the expiration of 6 months after the date
of any | ||||||
35 | interim order vesting temporary care, custody and control of a
| ||||||
36 | child, other than a related child, in the petitioners, entered |
| |||||||
| |||||||
1 | pursuant
to this Act, the petitioners may apply to the court | ||||||
2 | for a judgment of
adoption. Notice of such application shall be | ||||||
3 | served by the petitioners
upon the investigating agency or the | ||||||
4 | person making such investigation,
and the guardian ad litem. | ||||||
5 | After the hearing on such application, at
which the petitioners | ||||||
6 | and the child shall appear in person, unless their
presence is | ||||||
7 | waived by the court for good cause shown, the court may
enter a | ||||||
8 | judgment for adoption, provided the court is
satisfied from the
| ||||||
9 | report of the investigating agency or the person making the
| ||||||
10 | investigation, and from the evidence, if any, introduced, that | ||||||
11 | the
adoption is for the welfare of the child and that there is | ||||||
12 | a valid
consent, or that no consent is required as provided in | ||||||
13 | Section 8 of this
Act.
| ||||||
14 | (f) A judgment for adoption of a related child, an adult, | ||||||
15 | or a child as
to
whose adoption an agency or person authorized | ||||||
16 | by law has the right of
authority to consent may be entered at | ||||||
17 | any time after service of process
and after the return day | ||||||
18 | designated therein.
| ||||||
19 | (f-5) A standby adoption judgment may be entered upon | ||||||
20 | notice of the death
of the consenting
terminally ill parent
or | ||||||
21 | upon the consenting
terminally ill parent's request that a | ||||||
22 | final judgment for adoption
be entered. The notice must be | ||||||
23 | provided to the court within 60 days after the
standby adoptive | ||||||
24 | parent's receipt of knowledge of death of the consenting
| ||||||
25 | terminally ill parent or the consenting
terminally ill parent's | ||||||
26 | request that a
final judgment for adoption be entered. If the | ||||||
27 | court finds that adoption is
for the welfare of the child and | ||||||
28 | that there is a valid consent, including
consent for standby | ||||||
29 | adoption, which is still in effect, or that no consent is
| ||||||
30 | required under Section 8 of the Act, a judgment for adoption | ||||||
31 | shall be entered
unless the court finds by clear and convincing | ||||||
32 | evidence that it is no longer in
the best interest of the child | ||||||
33 | for the adoption to be finalized.
| ||||||
34 | (g) No special findings of fact or certificate of evidence | ||||||
35 | shall be
necessary in any case to support the judgment.
| ||||||
36 | (h) Only the circuit court that entered the judgment of the |
| |||||||
| |||||||
1 | adoption may
order the issuance of any contents of the court | ||||||
2 | file or that the original
birth record of the adoptee be | ||||||
3 | provided to any persons.
| ||||||
4 | (Source: P.A. 91-572, eff. 1-1-00.)
|