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    AN ACT concerning adoption.

 
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    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:


 
4
    Section 5. The Adoption Act is amended  by changing Sections 
5
7 and 8  as follows:
 



6
    (750 ILCS 50/7)  (from Ch. 40, par. 1509)



7
    Sec. 7. Process. 

8
    A. All persons named in the petition for adoption or 
9
standby adoption,
other
than the
petitioners and any party who 
10
has previously either denied being a parent
pursuant to Section 
11
12a of this Act or whose rights have been terminated
pursuant 
12
to Section 12a of this Act, but including the person sought to 
13
be
adopted, shall be made parties defendant by name, and if the 
14
name or names
of any such persons are alleged in the petition 
15
to be unknown such persons
shall be made parties defendant 
16
under the name and style of "All whom it
may concern". In all 
17
such actions petitioner or his attorney
shall file, at
the 
18
office of the clerk of the court in which the action is 
19
pending, an
affidavit showing that the defendant resides or has 
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gone out of this State,
or on due inquiry cannot be found, or 
21
is concealed within this State, so
that process cannot be 
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served upon him, and stating the place of residence
of the 
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defendant, if known, or that upon diligent inquiry his place of

24
residence cannot be ascertained, the clerk shall cause 
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publication to be
made in some newspaper published in the 
26
county in which the action is
pending. If there is no newspaper 
27
published in that county, then the
publication shall be in a 
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newspaper published in an adjoining county in
this State, 
29
having a circulation in the county in which such action is

30
pending. In the event there is service on any of the parties by

31
publication, the publication shall contain notice of pendency 
32
of the
action, the name of the person to be adopted and the 
 


 






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name of the parties to
be served by publication, and the date 
2
on or after which default may be
entered against such parties. 
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Neither the name of petitioners nor the name
of any party who 
4
has either surrendered said child, has given their consent
to 
5
the adoption of the child, or whose parental rights have been 
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terminated
by a court of competent jurisdiction shall be 
7
included in the notice of
publication. The Clerk shall also, 
8
within ten (10) days of the first
publication of the notice, 
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send a copy thereof by mail, addressed to each
defendant whose 
10
place of residence is stated in such affidavit. The
certificate 
11
of the Clerk that he sent the copies pursuant to this section

12
is evidence that he has done so. Except as provided in this 
13
section
pertaining to service by publication, all parties 
14
defendant shall be
notified of the proceedings in the same 
15
manner as is now or may hereafter
be required in other civil 
16
cases or proceedings. Any party defendant who is
of age of 14 
17
years or upward may waive service of process by entering an

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appearance in writing. The form to be used for publication 
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shall be
substantially as follows:
"ADOPTION NOTICE - STATE OF 
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ILLINOIS, County of ...., ss. - Circuit Court
of .... County. 
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In the matter of the Petition for the Adoption of ...., a

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..male child. Adoption No. .....
To-- .... (whom it may concern 
23
or the named parent)
Take notice that a petition was filed in 
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the Circuit Court of .... County,
Illinois, for the adoption of 
25
a child named ..... Now, therefore, unless
you ...., and all 
26
whom it may concern, file your answer to the Petition in
the 
27
action or otherwise file your appearance therein,
in the said 
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Circuit
Court of ...., County, Room ...., ...., in the City of 
29
...., Illinois, on
or before the .... day of ...., a default 
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may be entered against you at any
time after that day and a 
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judgment entered in accordance with the prayer of
said 
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Petition.
Dated, ...., Illinois, .... ...., Clerk.
(Name and 
33
address of attorney for petitioners.)

34
    B. A minor defendant who has been served in accordance with 
35
this Section
may be defaulted in the same manner as any other 
36
defendant.

 


 






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    C. Notwithstanding any inconsistent provision of this or 
2
any other law,
and in addition to the notice requirements of 
3
any law pertaining to persons
other than those specified in 
4
this subsection, the persons entitled to notice
that a petition 
5
has been filed under Section 5 of this Act shall include:


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        (a) any person adjudicated by a court in this State to 
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    be the father of
the child;


8
        (b) any person adjudicated by a court of another state 
9
    or territory of the
United States to be the father of the 
10
    child, when a certified copy of the court
order has been 
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    filed with the Putative Father Registry under Section 12.1 
12
    of
this Act;


13
        (c) any person who at the time of the filing of the 
14
    petition is registered
in the Putative Father Registry 
15
    under Section 12.1 of this Act as the putative
father of 
16
    the child;


17
        (d) any person who is recorded on the child's birth 
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    certificate as the
child's father;


19
        (e) any person who is openly living with the child or 
20
    the child's mother
at the time the proceeding is initiated 
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    and who is holding himself out to be
the child's father;


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        (f) any person who has been identified as the child's 
23
    father by the mother
in a written, sworn statement, 
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    including an Affidavit of Identification as
specified 
25
    under Section 11 of this Act;


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        (g) any person who was married to the child's mother on 
27
    the date of the
child's birth or within 300 days prior to 
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    the child's birth.

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    The sole purpose of notice under this Section shall be to 
30
enable the person
receiving notice to appear in the adoption 
31
proceedings to present evidence to
the court relevant to 
32
whether the consent or surrender of the person to the adoption 
33
is required pursuant to Section 8 of this Act.  If the court 
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determines that the consent or surrender of the person is not 
35
required pursuant to Section 8, then the person shall not be 
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entitled to participate in the proceedings or to any further 
 


 






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notice of the proceedings
the best interests of the child.

2
(Source: P.A. 91-572, eff. 1-1-00.)

 



3
    (750 ILCS 50/8)  (from Ch. 40, par. 1510)



4
    Sec. 8. Consents to adoption and surrenders for purposes of

5
adoption. 

6
    (a) Except as hereinafter provided in this
Section consents 
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or surrenders shall be required in all cases, unless the
person 
8
whose
consent or surrender would otherwise be required shall be 
9
found by the
court:


10
        (1) to be an unfit person
as defined in Section
1 of 
11
    this Act, by clear and convincing evidence; or


12
        (2) not to be the biological or adoptive father of the 
13
    child; or


14
        (3) to have waived his parental rights to the child 
15
    under Section 12a or
12.1 of
this Act; or


16
        (4) to be the parent of an adult
sought to be adopted; 
17
    or


18
        (5) to be
the father of the child as a result of 
19
    criminal sexual abuse or assault as
defined under Article 
20
    12 of the Criminal Code of 1961, including but not limited 
21
    to:
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            (i) the father of the child, who is a family member 
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        of the mother of the child, and the mother is under the 
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        age of 18 at the time of the child's conception;  for 
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        purposes of this subsection, a "family member" is a 
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        parent, step-parent, grandparent, step-grandparent, 
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        sibling; or cousin of the first degree, whether by 
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        whole blood, half-blood, or adoption, as well as a 
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        person who has resided in the household with the mother 
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        continuously for at least one year; or
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            (ii) the father of the child, who is at least 5 
32
        years older than the child's mother, and the mother was 
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        under the age of 17 at the time of the child's 
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        conception, unless the mother and father voluntarily 
35
        acknowledge the father's paternity of the child by 
 


 






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        marrying or by establishing the father's paternity by 
2
        consent of the parties pursuant to the Illinois 
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        Parentage Act of 1984 or pursuant to a substantially 
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        similar statute in another state.
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        A criminal conviction of any offense pursuant to 
6
    Article 12 of the Criminal Code of 1961 is not required. ; 
7
    or


8
        (6) to have been indicated for child sexual abuse as 
9
    defined in the
Abused and Neglected Child Reporting Act 
10
    that involved sexual penetration of
the mother; or


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        (7) to be at least 5 years older than the mother and 
12
    the mother was under
the age 17 at the time of conception 
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    of the child to be adopted.

14
    (b) Where consents are required in the case of an adoption

15
of a minor child, the consents of the following persons shall 
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be
sufficient:


17
        (1)  (A) The mother of the minor child; and


18
            (B) The father of the minor child, if the father:


19
                (i) was married to the mother on the date of 
20
            birth of the child or
within
300 days before the 
21
            birth of the child, except for a husband or former

22
            husband who has been found by a court of competent 
23
            jurisdiction not to be the
biological father of the 
24
            child; or


25
                (ii) is the father of the child under a 
26
            judgment for adoption, an
order of parentage, or an 
27
            acknowledgment of parentage or paternity pursuant

28
            to subsection (a) of Section 5 of the Illinois 
29
            Parentage Act of 1984; or


30
                (iii) in the case of a child placed with the 
31
            adopting parents less
than
6 months after birth, 
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            openly lived with the child, the child's 
33
            biological
mother, or
both,
and
held himself out to 
34
            be the child's biological father during the first 
35
            30 days
following the birth of the child; or


36
                (iv) in the case of a child placed with the 
 


 






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            adopting parents less than
6
months after birth, 
2
            made a good faith effort to pay a reasonable amount 
3
            of the
expenses
related to the birth of the child 
4
            and to provide a reasonable amount for the

5
            financial support of the child before the 
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            expiration of 30 days following the
birth of the 
7
            child,
provided that the court may consider in its 
8
            determination all
relevant circumstances, 
9
            including the financial condition of both 
10
            biological
parents; or


11
                (v) in the case of a child placed with the 
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            adopting parents
more
than 6 months after birth, 
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            has maintained substantial and continuous or

14
            repeated contact with the child as manifested by:

15
            (I) the payment by the father
toward the support of 
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            the child of a fair and reasonable sum, according 
17
            to the
father's means, and either (II) the father's 
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            visiting the child at least
monthly
when 
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            physically and financially able to do so and not 
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            prevented from doing so
by the person or authorized 
21
            agency having lawful custody of the child, or (III)

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            the father's regular communication with the child 
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            or with the person or agency
having the care or 
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            custody of the child, when physically and 
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            financially unable
to visit the child or prevented 
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            from doing so by the person or authorized
agency 
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            having lawful custody of the child.  The subjective 
28
            intent of the
father,
whether expressed or 
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            otherwise unsupported by evidence of acts 
30
            specified in
this sub-paragraph as manifesting 
31
            such intent, shall not preclude a
determination 
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            that the father failed to maintain substantial and 
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            continuous or
repeated contact with the child; or


34
                (vi) in the case of a child placed with the 
35
            adopting parents more than
six
months after birth, 
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            openly lived with the child for a period of six 
 


 






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            months
within the one year period immediately 
2
            preceding the placement of the child for
adoption 
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            and openly held himself out to be the father of the 
4
            child; or


5
                (vii) has timely registered with Putative 
6
            Father Registry, as provided
in
Section 12.1 of 
7
            this Act,
and prior to the expiration of 30 days 
8
            from the date
of such registration, commenced 
9
            legal
proceedings to establish paternity under the 
10
            Illinois Parentage Act of 1984
or under the law of 
11
            the jurisdiction of the child's birth; or


12
        (2) The legal guardian of the person of the child, if 
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    there
is no surviving parent; or


14
        (3) An agency, if the child has been surrendered for

15
    adoption to such agency; or


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        (4) Any person or agency having legal custody of a 
17
    child by court order
if the parental rights of the parents 
18
    have been judicially terminated, and
the court having 
19
    jurisdiction of the guardianship of the child has 
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    authorized
the consent to the adoption; or


21
        (5) The execution and
verification of the petition by 
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    any petitioner who is
also a parent of the child sought to 
23
    be adopted shall be sufficient evidence
of such parent's 
24
    consent to the adoption.

25
    (c) Where surrenders to an agency are required in the case 
26
of a placement
for adoption of a minor child by an agency, the 
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surrenders of the following
persons shall be sufficient:


28
        (1)  (A) The mother of the minor child; and


29
            (B) The father of the minor child, if the father:


30
                (i) was married to the mother on the date of 
31
            birth of the child or
within 300 days before the 
32
            birth of the child, except for a husband or former

33
            husband who has been found by a court of competent 
34
            jurisdiction not to be the
biological father of the 
35
            child; or


36
                (ii) is the father of the child under a 
 


 






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            judgment for adoption, an
order of parentage, or an 
2
            acknowledgment of parentage or paternity pursuant

3
            to subsection (a) of Section 5 of the Illinois 
4
            Parentage Act of 1984; or


5
                (iii) in the case of a child placed with the 
6
            adopting parents less
than
6 months after birth, 
7
            openly lived with the child, the child's 
8
            biological
mother, or
both,
and
held himself out to 
9
            be the child's biological father during the first 
10
            30 days
following the birth of a child; or


11
                (iv) in the case of a child placed with the 
12
            adopting parents less than
6
months after birth, 
13
            made a good faith effort to pay a reasonable amount 
14
            of the
expenses
related to the birth of the child 
15
            and to provide a reasonable amount for the

16
            financial support of the child before
the 
17
            expiration of 30 days following the birth of
the

18
            child,
provided that the court may consider in its 
19
            determination all relevant
circumstances, 
20
            including the financial condition of both 
21
            biological parents;
or


22
                (v) in the case of a child placed with the 
23
            adopting parents more than
six
months after birth, 
24
            has maintained substantial and continuous or 
25
            repeated
contact with the child as manifested by: 
26
            (I) the payment by the father toward
the support of 
27
            the child of a fair and reasonable sum, according 
28
            to the
father's means, and either (II) the father's 
29
            visiting the child at least
monthly when 
30
            physically and financially able to do so and not 
31
            prevented from
doing so by the person or authorized 
32
            agency having lawful custody of the child
or (III) 
33
            the father's regular communication with the child 
34
            or with the person
or agency having the care or 
35
            custody of the child, when physically and

36
            financially unable to visit the child or prevented 
 


 






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            from doing so by the person
or authorized agency 
2
            having lawful custody of the child.  The subjective

3
            intent of the father, whether expressed or 
4
            otherwise, unsupported by evidence
of acts 
5
            specified in this sub-paragraph as manifesting 
6
            such intent, shall not
preclude a determination 
7
            that the father failed to maintain substantial and

8
            continuous or repeated contact with the child; or


9
                (vi) in the case of a child placed with the 
10
            adopting parents more than
six
months after birth, 
11
            openly lived with the child for a period of six 
12
            months
within the one year period immediately 
13
            preceding the placement of the child for
adoption 
14
            and openly held himself out to be the father of the 
15
            child; or


16
                (vii) has timely registered with the Putative 
17
            Father Registry, as
provided
in Section 12.1 of 
18
            this Act,
and prior to the expiration of 30 days 
19
            from the date
of such
registration, commenced 
20
            legal
proceedings to establish paternity under the 
21
            Illinois Parentage Act of 1984, or
under the law of 
22
            the jurisdiction of the child's birth.

23
    (d) In making a determination under subparagraphs (b)(1) 
24
and (c)(1), no
showing shall be required of diligent efforts by 
25
a person or agency to
encourage the father to perform the acts 
26
specified therein.

27
    (e) In the case of the adoption of an adult, only the 
28
consent of
such adult shall be required.

29
(Source: P.A. 93-510, eff. 1-1-04.)