Illinois General Assembly - Full Text of SB0107
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Full Text of SB0107  102nd General Assembly

SB0107enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
SB0107 EnrolledLRB102 04480 LNS 14499 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Adoption Act is amended by changing
5Sections 1, 2, 11, 13, and 14 as follows:
 
6    (750 ILCS 50/1)  (from Ch. 40, par. 1501)
7    Sec. 1. Definitions. When used in this Act, unless the
8context otherwise requires:
9    A. "Child" means a person under legal age subject to
10adoption under this Act.
11    B. "Related child" means a child subject to adoption where
12either or both of the adopting parents stands in any of the
13following relationships to the child by blood, marriage,
14adoption, or civil union: parent, grand-parent,
15great-grandparent, brother, sister, step-parent,
16step-grandparent, step-brother, step-sister, uncle, aunt,
17great-uncle, great-aunt, first cousin, or second cousin. A
18person is related to the child as a first cousin or second
19cousin if they are both related to the same ancestor as either
20grandchild or great-grandchild. A child whose parent has
21executed a consent to adoption, a surrender, or a waiver
22pursuant to Section 10 of this Act or whose parent has signed a
23denial of paternity pursuant to Section 12 of the Vital

 

 

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1Records Act or Section 12a of this Act, or whose parent has had
2his or her parental rights terminated, is not a related child
3to that person, unless (1) the consent is determined to be void
4or is void pursuant to subsection O of Section 10 of this Act;
5or (2) the parent of the child executed a consent to adoption
6by a specified person or persons pursuant to subsection A-1 of
7Section 10 of this Act and a court of competent jurisdiction
8finds that such consent is void; or (3) the order terminating
9the parental rights of the parent is vacated by a court of
10competent jurisdiction.
11    C. "Agency" for the purpose of this Act means a public
12child welfare agency or a licensed child welfare agency.
13    D. "Unfit person" means any person whom the court shall
14find to be unfit to have a child, without regard to the
15likelihood that the child will be placed for adoption. The
16grounds of unfitness are any one or more of the following,
17except that a person shall not be considered an unfit person
18for the sole reason that the person has relinquished a child in
19accordance with the Abandoned Newborn Infant Protection Act:
20        (a) Abandonment of the child.
21        (a-1) Abandonment of a newborn infant in a hospital.
22        (a-2) Abandonment of a newborn infant in any setting
23    where the evidence suggests that the parent intended to
24    relinquish his or her parental rights.
25        (b) Failure to maintain a reasonable degree of
26    interest, concern or responsibility as to the child's

 

 

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1    welfare.
2        (c) Desertion of the child for more than 3 months next
3    preceding the commencement of the Adoption proceeding.
4        (d) Substantial neglect of the child if continuous or
5    repeated.
6        (d-1) Substantial neglect, if continuous or repeated,
7    of any child residing in the household which resulted in
8    the death of that child.
9        (e) Extreme or repeated cruelty to the child.
10        (f) There is a rebuttable presumption, which can be
11    overcome only by clear and convincing evidence, that a
12    parent is unfit if:
13            (1) Two or more findings of physical abuse have
14        been entered regarding any children under Section 2-21
15        of the Juvenile Court Act of 1987, the most recent of
16        which was determined by the juvenile court hearing the
17        matter to be supported by clear and convincing
18        evidence; or
19            (2) The parent has been convicted or found not
20        guilty by reason of insanity and the conviction or
21        finding resulted from the death of any child by
22        physical abuse; or
23            (3) There is a finding of physical child abuse
24        resulting from the death of any child under Section
25        2-21 of the Juvenile Court Act of 1987.
26        No conviction or finding of delinquency pursuant to

 

 

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1    Article V of the Juvenile Court Act of 1987 shall be
2    considered a criminal conviction for the purpose of
3    applying any presumption under this item (f).
4        (g) Failure to protect the child from conditions
5    within his environment injurious to the child's welfare.
6        (h) Other neglect of, or misconduct toward the child;
7    provided that in making a finding of unfitness the court
8    hearing the adoption proceeding shall not be bound by any
9    previous finding, order or judgment affecting or
10    determining the rights of the parents toward the child
11    sought to be adopted in any other proceeding except such
12    proceedings terminating parental rights as shall be had
13    under either this Act, the Juvenile Court Act or the
14    Juvenile Court Act of 1987.
15        (i) Depravity. Conviction of any one of the following
16    crimes shall create a presumption that a parent is
17    depraved which can be overcome only by clear and
18    convincing evidence: (1) first degree murder in violation
19    of paragraph (1) 1 or (2) 2 of subsection (a) of Section
20    9-1 of the Criminal Code of 1961 or the Criminal Code of
21    2012 or conviction of second degree murder in violation of
22    subsection (a) of Section 9-2 of the Criminal Code of 1961
23    or the Criminal Code of 2012 of a parent of the child to be
24    adopted; (2) first degree murder or second degree murder
25    of any child in violation of the Criminal Code of 1961 or
26    the Criminal Code of 2012; (3) attempt or conspiracy to

 

 

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1    commit first degree murder or second degree murder of any
2    child in violation of the Criminal Code of 1961 or the
3    Criminal Code of 2012; (4) solicitation to commit murder
4    of any child, solicitation to commit murder of any child
5    for hire, or solicitation to commit second degree murder
6    of any child in violation of the Criminal Code of 1961 or
7    the Criminal Code of 2012; (5) predatory criminal sexual
8    assault of a child in violation of Section 11-1.40 or
9    12-14.1 of the Criminal Code of 1961 or the Criminal Code
10    of 2012; (6) heinous battery of any child in violation of
11    the Criminal Code of 1961; (7) aggravated battery of any
12    child in violation of the Criminal Code of 1961 or the
13    Criminal Code of 2012; (8) any violation of Section
14    11-1.20 or Section 12-13 of the Criminal Code of 1961 or
15    the Criminal Code of 2012; (9) any violation of subsection
16    (a) of Section 11-1.50 or Section 12-16 of the Criminal
17    Code of 1961 or the Criminal Code of 2012; (10) any
18    violation of Section 11-9.1 of the Criminal Code of 1961
19    or the Criminal Code of 2012; (11) any violation of
20    Section 11-9.1A of the Criminal Code of 1961 or the
21    Criminal Code of 2012; or (12) an offense in any other
22    state the elements of which are similar and bear a
23    substantial relationship to any of the enumerated offenses
24    in this subsection (i).
25        There is a rebuttable presumption that a parent is
26    depraved if the parent has been criminally convicted of at

 

 

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1    least 3 felonies under the laws of this State or any other
2    state, or under federal law, or the criminal laws of any
3    United States territory; and at least one of these
4    convictions took place within 5 years of the filing of the
5    petition or motion seeking termination of parental rights.
6        There is a rebuttable presumption that a parent is
7    depraved if that parent has been criminally convicted of
8    either first or second degree murder of any person as
9    defined in the Criminal Code of 1961 or the Criminal Code
10    of 2012 within 10 years of the filing date of the petition
11    or motion to terminate parental rights.
12        No conviction or finding of delinquency pursuant to
13    Article 5 of the Juvenile Court Act of 1987 shall be
14    considered a criminal conviction for the purpose of
15    applying any presumption under this item (i).
16        (j) Open and notorious adultery or fornication.
17        (j-1) (Blank).
18        (k) Habitual drunkenness or addiction to drugs, other
19    than those prescribed by a physician, for at least one
20    year immediately prior to the commencement of the
21    unfitness proceeding.
22        There is a rebuttable presumption that a parent is
23    unfit under this subsection with respect to any child to
24    which that parent gives birth where there is a confirmed
25    test result that at birth the child's blood, urine, or
26    meconium contained any amount of a controlled substance as

 

 

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1    defined in subsection (f) of Section 102 of the Illinois
2    Controlled Substances Act or metabolites of such
3    substances, the presence of which in the newborn infant
4    was not the result of medical treatment administered to
5    the mother or the newborn infant; and the biological
6    mother of this child is the biological mother of at least
7    one other child who was adjudicated a neglected minor
8    under subsection (c) of Section 2-3 of the Juvenile Court
9    Act of 1987.
10        (l) Failure to demonstrate a reasonable degree of
11    interest, concern or responsibility as to the welfare of a
12    new born child during the first 30 days after its birth.
13        (m) Failure by a parent (i) to make reasonable efforts
14    to correct the conditions that were the basis for the
15    removal of the child from the parent during any 9-month
16    period following the adjudication of neglected or abused
17    minor under Section 2-3 of the Juvenile Court Act of 1987
18    or dependent minor under Section 2-4 of that Act, or (ii)
19    to make reasonable progress toward the return of the child
20    to the parent during any 9-month period following the
21    adjudication of neglected or abused minor under Section
22    2-3 of the Juvenile Court Act of 1987 or dependent minor
23    under Section 2-4 of that Act. If a service plan has been
24    established as required under Section 8.2 of the Abused
25    and Neglected Child Reporting Act to correct the
26    conditions that were the basis for the removal of the

 

 

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1    child from the parent and if those services were
2    available, then, for purposes of this Act, "failure to
3    make reasonable progress toward the return of the child to
4    the parent" includes the parent's failure to substantially
5    fulfill his or her obligations under the service plan and
6    correct the conditions that brought the child into care
7    during any 9-month period following the adjudication under
8    Section 2-3 or 2-4 of the Juvenile Court Act of 1987.
9    Notwithstanding any other provision, when a petition or
10    motion seeks to terminate parental rights on the basis of
11    item (ii) of this subsection (m), the petitioner shall
12    file with the court and serve on the parties a pleading
13    that specifies the 9-month period or periods relied on.
14    The pleading shall be filed and served on the parties no
15    later than 3 weeks before the date set by the court for
16    closure of discovery, and the allegations in the pleading
17    shall be treated as incorporated into the petition or
18    motion. Failure of a respondent to file a written denial
19    of the allegations in the pleading shall not be treated as
20    an admission that the allegations are true.
21        (m-1) (Blank).
22        (n) Evidence of intent to forgo his or her parental
23    rights, whether or not the child is a ward of the court,
24    (1) as manifested by his or her failure for a period of 12
25    months: (i) to visit the child, (ii) to communicate with
26    the child or agency, although able to do so and not

 

 

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1    prevented from doing so by an agency or by court order, or
2    (iii) to maintain contact with or plan for the future of
3    the child, although physically able to do so, or (2) as
4    manifested by the father's failure, where he and the
5    mother of the child were unmarried to each other at the
6    time of the child's birth, (i) to commence legal
7    proceedings to establish his paternity under the Illinois
8    Parentage Act of 1984, the Illinois Parentage Act of 2015,
9    or the law of the jurisdiction of the child's birth within
10    30 days of being informed, pursuant to Section 12a of this
11    Act, that he is the father or the likely father of the
12    child or, after being so informed where the child is not
13    yet born, within 30 days of the child's birth, or (ii) to
14    make a good faith effort to pay a reasonable amount of the
15    expenses related to the birth of the child and to provide a
16    reasonable amount for the financial support of the child,
17    the court to consider in its determination all relevant
18    circumstances, including the financial condition of both
19    parents; provided that the ground for termination provided
20    in this subparagraph (n)(2)(ii) shall only be available
21    where the petition is brought by the mother or the husband
22    of the mother.
23        Contact or communication by a parent with his or her
24    child that does not demonstrate affection and concern does
25    not constitute reasonable contact and planning under
26    subdivision (n). In the absence of evidence to the

 

 

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1    contrary, the ability to visit, communicate, maintain
2    contact, pay expenses and plan for the future shall be
3    presumed. The subjective intent of the parent, whether
4    expressed or otherwise, unsupported by evidence of the
5    foregoing parental acts manifesting that intent, shall not
6    preclude a determination that the parent has intended to
7    forgo his or her parental rights. In making this
8    determination, the court may consider but shall not
9    require a showing of diligent efforts by an authorized
10    agency to encourage the parent to perform the acts
11    specified in subdivision (n).
12        It shall be an affirmative defense to any allegation
13    under paragraph (2) of this subsection that the father's
14    failure was due to circumstances beyond his control or to
15    impediments created by the mother or any other person
16    having legal custody. Proof of that fact need only be by a
17    preponderance of the evidence.
18        (o) Repeated or continuous failure by the parents,
19    although physically and financially able, to provide the
20    child with adequate food, clothing, or shelter.
21        (p) Inability to discharge parental responsibilities
22    supported by competent evidence from a psychiatrist,
23    licensed clinical social worker, or clinical psychologist
24    of mental impairment, mental illness or an intellectual
25    disability as defined in Section 1-116 of the Mental
26    Health and Developmental Disabilities Code, or

 

 

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1    developmental disability as defined in Section 1-106 of
2    that Code, and there is sufficient justification to
3    believe that the inability to discharge parental
4    responsibilities shall extend beyond a reasonable time
5    period. However, this subdivision (p) shall not be
6    construed so as to permit a licensed clinical social
7    worker to conduct any medical diagnosis to determine
8    mental illness or mental impairment.
9        (q) (Blank).
10        (r) The child is in the temporary custody or
11    guardianship of the Department of Children and Family
12    Services, the parent is incarcerated as a result of
13    criminal conviction at the time the petition or motion for
14    termination of parental rights is filed, prior to
15    incarceration the parent had little or no contact with the
16    child or provided little or no support for the child, and
17    the parent's incarceration will prevent the parent from
18    discharging his or her parental responsibilities for the
19    child for a period in excess of 2 years after the filing of
20    the petition or motion for termination of parental rights.
21        (s) The child is in the temporary custody or
22    guardianship of the Department of Children and Family
23    Services, the parent is incarcerated at the time the
24    petition or motion for termination of parental rights is
25    filed, the parent has been repeatedly incarcerated as a
26    result of criminal convictions, and the parent's repeated

 

 

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1    incarceration has prevented the parent from discharging
2    his or her parental responsibilities for the child.
3        (t) A finding that at birth the child's blood, urine,
4    or meconium contained any amount of a controlled substance
5    as defined in subsection (f) of Section 102 of the
6    Illinois Controlled Substances Act, or a metabolite of a
7    controlled substance, with the exception of controlled
8    substances or metabolites of such substances, the presence
9    of which in the newborn infant was the result of medical
10    treatment administered to the mother or the newborn
11    infant, and that the biological mother of this child is
12    the biological mother of at least one other child who was
13    adjudicated a neglected minor under subsection (c) of
14    Section 2-3 of the Juvenile Court Act of 1987, after which
15    the biological mother had the opportunity to enroll in and
16    participate in a clinically appropriate substance abuse
17    counseling, treatment, and rehabilitation program.
18    E. "Parent" means a person who is the legal mother or legal
19father of the child as defined in subsection X or Y of this
20Section. For the purpose of this Act, a parent who has executed
21a consent to adoption, a surrender, or a waiver pursuant to
22Section 10 of this Act, who has signed a Denial of Paternity
23pursuant to Section 12 of the Vital Records Act or Section 12a
24of this Act, or whose parental rights have been terminated by a
25court, is not a parent of the child who was the subject of the
26consent, surrender, waiver, or denial unless (1) the consent

 

 

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1is void pursuant to subsection O of Section 10 of this Act; or
2(2) the person executed a consent to adoption by a specified
3person or persons pursuant to subsection A-1 of Section 10 of
4this Act and a court of competent jurisdiction finds that the
5consent is void; or (3) the order terminating the parental
6rights of the person is vacated by a court of competent
7jurisdiction.
8    F. A person is available for adoption when the person is:
9        (a) a child who has been surrendered for adoption to
10    an agency and to whose adoption the agency has thereafter
11    consented;
12        (b) a child to whose adoption a person authorized by
13    law, other than his parents, has consented, or to whose
14    adoption no consent is required pursuant to Section 8 of
15    this Act;
16        (c) a child who is in the custody of persons who intend
17    to adopt him through placement made by his parents;
18        (c-1) a child for whom a parent has signed a specific
19    consent pursuant to subsection O of Section 10;
20        (d) an adult who meets the conditions set forth in
21    Section 3 of this Act; or
22        (e) a child who has been relinquished as defined in
23    Section 10 of the Abandoned Newborn Infant Protection Act.
24    A person who would otherwise be available for adoption
25shall not be deemed unavailable for adoption solely by reason
26of his or her death.

 

 

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1    G. The singular includes the plural and the plural
2includes the singular and the "male" includes the "female", as
3the context of this Act may require.
4    H. (Blank).
5    I. "Habitual residence" has the meaning ascribed to it in
6the federal Intercountry Adoption Act of 2000 and regulations
7promulgated thereunder.
8    J. "Immediate relatives" means the biological parents, the
9parents of the biological parents and siblings of the
10biological parents.
11    K. "Intercountry adoption" is a process by which a child
12from a country other than the United States is adopted by
13persons who are habitual residents of the United States, or
14the child is a habitual resident of the United States who is
15adopted by persons who are habitual residents of a country
16other than the United States.
17    L. (Blank).
18    M. "Interstate Compact on the Placement of Children" is a
19law enacted by all states and certain territories for the
20purpose of establishing uniform procedures for handling the
21interstate placement of children in foster homes, adoptive
22homes, or other child care facilities.
23    N. (Blank).
24    O. "Preadoption requirements" means any conditions or
25standards established by the laws or administrative rules of
26this State that must be met by a prospective adoptive parent

 

 

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1prior to the placement of a child in an adoptive home.
2    P. "Abused child" means a child whose parent or immediate
3family member, or any person responsible for the child's
4welfare, or any individual residing in the same home as the
5child, or a paramour of the child's parent:
6        (a) inflicts, causes to be inflicted, or allows to be
7    inflicted upon the child physical injury, by other than
8    accidental means, that causes death, disfigurement,
9    impairment of physical or emotional health, or loss or
10    impairment of any bodily function;
11        (b) creates a substantial risk of physical injury to
12    the child by other than accidental means which would be
13    likely to cause death, disfigurement, impairment of
14    physical or emotional health, or loss or impairment of any
15    bodily function;
16        (c) commits or allows to be committed any sex offense
17    against the child, as sex offenses are defined in the
18    Criminal Code of 2012 and extending those definitions of
19    sex offenses to include children under 18 years of age;
20        (d) commits or allows to be committed an act or acts of
21    torture upon the child; or
22        (e) inflicts excessive corporal punishment.
23    Q. "Neglected child" means any child whose parent or other
24person responsible for the child's welfare withholds or denies
25nourishment or medically indicated treatment including food or
26care denied solely on the basis of the present or anticipated

 

 

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1mental or physical impairment as determined by a physician
2acting alone or in consultation with other physicians or
3otherwise does not provide the proper or necessary support,
4education as required by law, or medical or other remedial
5care recognized under State law as necessary for a child's
6well-being, or other care necessary for his or her well-being,
7including adequate food, clothing and shelter; or who is
8abandoned by his or her parents or other person responsible
9for the child's welfare.
10    A child shall not be considered neglected or abused for
11the sole reason that the child's parent or other person
12responsible for his or her welfare depends upon spiritual
13means through prayer alone for the treatment or cure of
14disease or remedial care as provided under Section 4 of the
15Abused and Neglected Child Reporting Act. A child shall not be
16considered neglected or abused for the sole reason that the
17child's parent or other person responsible for the child's
18welfare failed to vaccinate, delayed vaccination, or refused
19vaccination for the child due to a waiver on religious or
20medical grounds as permitted by law.
21    R. "Putative father" means a man who may be a child's
22father, but who (1) is not married to the child's mother on or
23before the date that the child was or is to be born and (2) has
24not established paternity of the child in a court proceeding
25before the filing of a petition for the adoption of the child.
26The term includes a male who is less than 18 years of age.

 

 

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1"Putative father" does not mean a man who is the child's father
2as a result of criminal sexual abuse or assault as defined
3under Article 11 of the Criminal Code of 2012.
4    S. "Standby adoption" means an adoption in which a parent
5consents to custody and termination of parental rights to
6become effective upon the occurrence of a future event, which
7is either the death of the parent or the request of the parent
8for the entry of a final judgment of adoption.
9    T. (Blank).
10    T-5. "Biological parent", "birth parent", or "natural
11parent" of a child are interchangeable terms that mean a
12person who is biologically or genetically related to that
13child as a parent.
14    U. "Interstate adoption" means the placement of a minor
15child with a prospective adoptive parent for the purpose of
16pursuing an adoption for that child that is subject to the
17provisions of the Interstate Compact on the Placement of
18Children.
19    V. (Blank).
20    W. (Blank).
21    X. "Legal father" of a child means a man who is recognized
22as or presumed to be that child's father:
23        (1) because of his marriage to or civil union with the
24    child's parent at the time of the child's birth or within
25    300 days prior to that child's birth, unless he signed a
26    denial of paternity pursuant to Section 12 of the Vital

 

 

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1    Records Act or a waiver pursuant to Section 10 of this Act;
2    or
3        (2) because his paternity of the child has been
4    established pursuant to the Illinois Parentage Act, the
5    Illinois Parentage Act of 1984, or the Gestational
6    Surrogacy Act; or
7        (3) because he is listed as the child's father or
8    parent on the child's birth certificate, unless he is
9    otherwise determined by an administrative or judicial
10    proceeding not to be the parent of the child or unless he
11    rescinds his acknowledgment of paternity pursuant to the
12    Illinois Parentage Act of 1984; or
13        (4) because his paternity or adoption of the child has
14    been established by a court of competent jurisdiction.
15    The definition in this subsection X shall not be construed
16to provide greater or lesser rights as to the number of parents
17who can be named on a final judgment order of adoption or
18Illinois birth certificate that otherwise exist under Illinois
19law.
20    Y. "Legal mother" of a child means a woman who is
21recognized as or presumed to be that child's mother:
22        (1) because she gave birth to the child except as
23    provided in the Gestational Surrogacy Act; or
24        (2) because her maternity of the child has been
25    established pursuant to the Illinois Parentage Act of 1984
26    or the Gestational Surrogacy Act; or

 

 

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1        (3) because her maternity or adoption of the child has
2    been established by a court of competent jurisdiction; or
3        (4) because of her marriage to or civil union with the
4    child's other parent at the time of the child's birth or
5    within 300 days prior to the time of birth; or
6        (5) because she is listed as the child's mother or
7    parent on the child's birth certificate unless she is
8    otherwise determined by an administrative or judicial
9    proceeding not to be the parent of the child.
10    The definition in this subsection Y shall not be construed
11to provide greater or lesser rights as to the number of parents
12who can be named on a final judgment order of adoption or
13Illinois birth certificate that otherwise exist under Illinois
14law.
15    Z. "Department" means the Illinois Department of Children
16and Family Services.
17    AA. "Placement disruption" means a circumstance where the
18child is removed from an adoptive placement before the
19adoption is finalized.
20    BB. "Secondary placement" means a placement, including but
21not limited to the placement of a youth in care as defined in
22Section 4d of the Children and Family Services Act, that
23occurs after a placement disruption or an adoption
24dissolution. "Secondary placement" does not mean secondary
25placements arising due to the death of the adoptive parent of
26the child.

 

 

SB0107 Enrolled- 20 -LRB102 04480 LNS 14499 b

1    CC. "Adoption dissolution" means a circumstance where the
2child is removed from an adoptive placement after the adoption
3is finalized.
4    DD. "Unregulated placement" means the secondary placement
5of a child that occurs without the oversight of the courts, the
6Department, or a licensed child welfare agency.
7    EE. "Post-placement and post-adoption support services"
8means support services for placed or adopted children and
9families that include, but are not limited to, mental health
10treatment, including counseling and other support services for
11emotional, behavioral, or developmental needs, and treatment
12for substance abuse.
13    FF. "Youth in care" has the meaning provided in Section 4d
14of the Children and Family Services Act.
15(Source: P.A. 100-159, eff. 8-18-17; 101-155, eff. 1-1-20;
16101-529, eff. 1-1-20; revised 9-17-19.)
 
17    (750 ILCS 50/2)  (from Ch. 40, par. 1502)
18    Sec. 2. Who may adopt a child.
19    A. Any of the following persons, who is under no legal
20disability (except the minority specified in sub-paragraph
21(b)) and who has resided in the State of Illinois continuously
22for a period of at least 6 months immediately preceding the
23commencement of an adoption proceeding, or any member of the
24armed forces of the United States who has been domiciled in the
25State of Illinois for 90 days, may institute such proceeding:

 

 

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1        (a) A reputable person of legal age and of either sex,
2    provided that if such person is married or in a civil union
3    and has not been living separate and apart from his or her
4    spouse or civil union partner for 12 months or longer, his
5    or her spouse or civil union partner shall be a party to
6    the adoption proceeding, including a spouse or civil union
7    partner desiring to adopt a child of the other spouse or
8    civil union partner, in all of which cases the adoption
9    shall be by both spouses or civil union partners jointly;
10        (b) A minor, by leave of court upon good cause shown.
11        (c) Notwithstanding sub-paragraph (a) of this
12    subsection, a spouse or civil union partner is not
13    required to join in a petition for adoption for the
14    adoption of an adult if a petitioner is a former
15    stepparent of that adult, or to re-adopt a child after an
16    intercountry adoption if the spouse or civil union partner
17    did not previously adopt the child as set forth in
18    subsections (c) and (e) of Section 4.1 of this Act. For
19    purposes of this Section, "former stepparent" means a
20    person who was married to, or in a civil union with, the
21    legal parent of the adult seeking to be adopted, and the
22    marriage or civil union has ended.
23    B. The residence requirement specified in paragraph A of
24this Section shall not apply to:
25        (a) an adoption of a related child; or
26        (a-1) an adoption of a child previously adopted in a

 

 

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1    foreign country by the petitioner; or
2        (b) an adoption of a child placed by an
3    Illinois-licensed child welfare an agency performing
4    adoption services; .
5        (c) an adoption of an adult by a former stepparent; or
6        (d) an adoption of a child born in this State who has
7    resided continuously in this State since birth, or a child
8    who has continuously resided in this State for at least 6
9    months immediately preceding the commencement of the
10    adoption proceeding, if:
11            (1) an Illinois-licensed child welfare agency
12        performing adoption services has acknowledged a
13        consent or surrender of one or both of the biological
14        or legal parents of the child under this Act and the
15        Child Care Act of 1969; or
16            (2) an authorized person under Section 10 has
17        acknowledged a consent of one or both of the
18        biological or legal parents of the child and an
19        Illinois-licensed child welfare agency performing
20        adoption services has counseled the biological or
21        legal parent or parents of the child as to the birth
22        parent rights and responsibilities under the Child
23        Care Act of 1969 and the rules adopted thereunder.
24    C. Nothing in this Section overrides the requirements
25contained in Public Act 94-586.
26(Source: P.A. 98-804, eff. 1-1-15; 99-49, eff. 7-15-15.)
 

 

 

SB0107 Enrolled- 23 -LRB102 04480 LNS 14499 b

1    (750 ILCS 50/11)  (from Ch. 40, par. 1513)
2    Sec. 11. Consents, surrenders, waivers, irrevocability.
3    (a) A consent to adoption or standby adoption by a parent,
4including a minor, executed and acknowledged in accordance
5with the provisions of Section 10 of this Act, or a surrender
6of a child by a parent, including a minor, to an agency for the
7purpose of adoption shall be irrevocable unless it shall have
8been obtained by fraud or duress on the part of the person
9before whom such consent, surrender, or other document
10equivalent to a surrender is acknowledged pursuant to the
11provisions of Section 10 of this Act or on the part of the
12adopting parents or their agents and a court of competent
13jurisdiction shall so find. No action to void or revoke a
14consent to or surrender for adoption, including an action
15based on fraud or duress, may be commenced after 12 months from
16the date the consent or surrender was executed. The consent or
17surrender of a parent who is a minor shall not be voidable
18because of such minority.
19    (a-1) A waiver signed by a putative or legal father,
20including a minor, executed and acknowledged in accordance
21with Section 10 of this Act, shall be irrevocable unless it
22shall have been obtained by fraud or duress on the part of the
23adopting parents or their agents and a court of competent
24jurisdiction shall so find. No action to void a waiver may be
25commenced after 12 months from the date the waiver was

 

 

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1executed. The waiver of a putative or legal father who is a
2minor shall not be voidable because of such minority.
3    (b) The petitioners in an adoption proceeding are entitled
4to rely upon a sworn statement of the biological mother of the
5child to be adopted identifying the father of her child. The
6affidavit shall be conclusive evidence as to the biological
7mother regarding the facts stated therein, and shall create a
8rebuttable presumption of truth as to the biological father
9only. Except as provided in Section 11 of this Act, the
10biological mother of the child shall be permanently barred
11from attacking the proceeding thereafter. The biological
12mother, including a biological mother who is a petitioner,
13shall execute such affidavit in writing and under oath. The
14affidavit shall be executed by the biological mother before or
15at the time of execution of the consent or surrender, and shall
16be retained by the court and be a part of the Court's files.
17The form of affidavit shall be substantially as follows:
18
AFFIDAVIT OF IDENTIFICATION
19    I, ................., the mother of a (male or female)
20child, state under oath or affirm as follows:
21    (1) That the child was born, or is expected to be born, on
22(insert date), at ......................., in the State of
23...................
24    (2) That I reside at .................., in the City or
25Village of ..........., State of ...................
26    (3) That I am of the age of ....... years.

 

 

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1    (4) That I acknowledge that I have been asked to identify
2the father of my child.
3    (5) (CHECK ONE)
4    .... I know and am identifying the biological father.
5    .... I do not know the identity of the biological father.
6    .... I am unwilling to identify the biological father.
7    (6A) If I know and am identifying the father:
8    That the name of the biological father is
9....................; his last known home address is
10............; his last known work address is
11....................; and he is ..... years of age; or he is
12deceased, having died on (insert date) at .............., in
13the State of ..................
14    (6B) If I do not know the identity of the biological
15father:
16    I do not know who the biological father is; the following
17is an explanation of why I am unable to identify him:
18.............................................................
19.............................................................
20..............................................................
21    (6C) If I am unwilling to identify the biological father:
22    I do not wish to name the biological father of the child
23for the following reasons:
24.............................................................
25.............................................................
26.............................................................

 

 

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1    (7) (CHECK ONE)
2    .... I am married to the biological father.
3    .... I am not and have not been married to the biological
4father within 300 days of the child's birth.
5    .... The child has another legal parent who is not the
6biological parent (please explain):
7.
8..............................
9..............................
10    (8) Regarding whether a court order has been entered by
11any court finding any person to be the biological father or
12legal parent of the child: (CHECK ONE)
13    .... No, a court order has not been entered.
14    .... Yes, a court order has been entered and it is Case No.
15..... in the Circuit Court located in ............... County
16(if the case number and county is known).
17    .... I do not know whether there are any court or other
18proceedings related to a finding of any person to be the
19biological father or legal parent of the child.
20    (9) (7) The physical description of the biological father
21is: .........................................................
22.............................................................
23.............................................................
24    (10) (8) I reaffirm that the information contained in this
25Affidavit paragraphs 5, 6, and 7, inclusive, is true and
26correct.

 

 

SB0107 Enrolled- 27 -LRB102 04480 LNS 14499 b

1    (11) (9) I have been informed and understand that if I am
2unwilling, refuse to identify, or misidentify the biological
3father of the child, absent fraud or duress, I am permanently
4barred from attacking the proceedings for the adoption of the
5child at any time after I sign a final and irrevocable consent
6to adoption or surrender for purposes of adoption.
7    (12) (10) I have read this Affidavit and have had the
8opportunity to review and question it; it was explained to me
9by ............................; and I am signing it as my
10free and voluntary act and understand the contents and the
11results of signing it.
12    Dated (insert date).
13
...................................
14
Signature
15    Under penalties as provided by law under Section 1-109 of
16the Code of Civil Procedure, the undersigned certifies that
17the statements set forth in this Affidavit are true and
18correct.
19
...................................
20
Signature
21(Source: P.A. 97-493, eff. 8-22-11.)
 
22    (750 ILCS 50/13)  (from Ch. 40, par. 1516)
23    Sec. 13. Interim order. As soon as practicable after the
24filing of a petition for adoption the court shall hold a
25hearing for the following purposes:

 

 

SB0107 Enrolled- 28 -LRB102 04480 LNS 14499 b

1    A. In other than an adoption of a related child or an
2adoption through an agency, or of an adult:
3        (a) To determine the validity of the consent, provided
4    that the execution of a consent pursuant to this Act shall
5    be prima facie evidence of its validity, and provided that
6    the validity of a consent shall not be affected by the
7    omission therefrom of the names of the petitioners or
8    adopting parents at the time the consent is executed or
9    acknowledged, and further provided that the execution of a
10    consent prior to the filing of a petition for adoption
11    shall not affect its validity.
12        (b) To determine whether there is available suitable
13    temporary custodial care for a child sought to be adopted.
14    B. In all cases except standby adoptions and re-adoptions:
15        (a) The court shall appoint some licensed attorney
16    other than the State's attorney acting in his or her
17    official capacity as guardian ad litem to represent a
18    child sought to be adopted. Such guardian ad litem shall
19    have power to consent to the adoption of the child, if such
20    consent is required. In the case of a related adoption
21    where the child sought to be adopted is not a youth in
22    care, the court shall have the discretion to waive the
23    appointment of a guardian ad litem.
24        (b) The court shall appoint a guardian ad litem for
25    all named minors or defendants who are persons under legal
26    disability, if any. In the case of a related adoption

 

 

SB0107 Enrolled- 29 -LRB102 04480 LNS 14499 b

1    where the child sought to be adopted is not a youth in
2    care, the court shall have the discretion to waive the
3    appointment of a guardian ad litem.
4        (c) If the petition alleges a person to be unfit
5    pursuant to the provisions of subparagraph (p) of
6    paragraph D of Section 1 of this Act, such person shall be
7    represented by counsel. If such person is indigent or an
8    appearance has not been entered on his behalf at the time
9    the matter is set for hearing, the court shall appoint as
10    counsel for him either the Guardianship and Advocacy
11    Commission, the public defender, or, only if no attorney
12    from the Guardianship and Advocacy Commission or the
13    public defender is available, an attorney licensed to
14    practice law in this State.
15        (d) If it is proved to the satisfaction of the court,
16    after such investigation as the court deems necessary,
17    that termination of parental rights and temporary
18    commitment of the child to an agency or to a person deemed
19    competent by the court, including petitioners, will be for
20    the welfare of the child, the court may order the child to
21    be so committed and may terminate the parental rights of
22    the parents and declare the child a ward of the court or,
23    if it is not so proved, the court may enter such other
24    order as it shall deem necessary and advisable.
25        (e) Before an interim custody order is granted under
26    this Section, service of summons shall be had upon the

 

 

SB0107 Enrolled- 30 -LRB102 04480 LNS 14499 b

1    parent or parents whose rights have not been terminated,
2    except as provided in subsection (f). Reasonable notice
3    and opportunity to be heard shall be given to the parent or
4    parents after service of summons when the address of the
5    parent or parents is available. The party seeking an
6    interim custody order shall make all reasonable efforts to
7    locate the parent or parents of the child or children they
8    are seeking to adopt and to notify the parent or parents of
9    the party's request for an interim custody order pursuant
10    to this Section.
11        (f) An interim custody order may be granted without
12    notice upon presentation to the court of a written
13    petition, accompanied by an affidavit, stating that there
14    is an immediate danger to the child and that irreparable
15    harm will result to the child if notice is given to the
16    parent or parents or legal guardian. Upon making a finding
17    that there is an immediate danger to the child if service
18    of process is had upon and notice of hearing is given to
19    the parent or parents or legal guardian prior to the entry
20    of an order granting temporary custody to someone other
21    than a parent or legal guardian, the court may enter an
22    order of temporary custody which shall expire not more
23    than 10 days after its entry. Every ex parte custody order
24    granted without notice shall state the injury which the
25    court sought to avoid by granting the order, the
26    irreparable injury that would have occurred had notice

 

 

SB0107 Enrolled- 31 -LRB102 04480 LNS 14499 b

1    been given, and the reason the order was granted without
2    notice. The matter shall be set down for full hearing
3    before the expiration of the ex parte order and will be
4    heard after service of summons is had upon and notice of
5    hearing is given to the parent or parents or legal
6    guardian. At the hearing the burden of proof shall be upon
7    the party seeking to extend the interim custody order to
8    show that the order was properly granted without notice
9    and that custody should remain with the party seeking to
10    adopt during the pendency of the adoption proceeding. If
11    the interim custody order is extended, the reasons for
12    granting the extension shall be stated in the order.
13    C. In the case of a child born outside the United States or
14a territory thereof, if the petitioners have previously been
15appointed guardians of such child by a court of competent
16jurisdiction in a country other than the United States or a
17territory thereof, the court may order that the petitioners
18continue as guardians of such child.
19    D. In standby adoption cases:
20        (a) The court shall appoint a licensed attorney other
21    than the State's Attorney acting in his or her official
22    capacity as guardian ad litem to represent a child sought
23    to be adopted. The guardian ad litem shall have power to
24    consent to the adoption of the child, if consent is
25    required.
26        (b) The court shall appoint a guardian ad litem for

 

 

SB0107 Enrolled- 32 -LRB102 04480 LNS 14499 b

1    all named minors or defendants who are persons under legal
2    disability, if any. In the case of a related adoption
3    where the child sought to be adopted is not a youth in
4    care, the court shall have the discretion to waive the
5    appointment of a guardian ad litem.
6        (c) The court lacks jurisdiction to proceed on the
7    petition for standby adoption if the child has a living
8    parent, adoptive parent, or adjudicated parent whose
9    rights have not been terminated and whose whereabouts are
10    known, unless the parent consents to the standby adoption
11    or, after receiving notice of the hearing on the standby
12    adoption petition, fails to object to the appointment of a
13    standby adoptive parent at the hearing on the petition.
14        (d) The court shall investigate as needed for the
15    welfare of the child and shall determine whether the
16    petitioner or petitioners shall be permitted to adopt.
17(Source: P.A. 99-49, eff. 7-15-15.)
 
18    (750 ILCS 50/14)  (from Ch. 40, par. 1517)
19    Sec. 14. Judgment.
20    (a) Prior to the entry of the judgment for order of
21adoption in any case other than an adoption of a related child
22or of an adult, each petitioner and each person, agency,
23association, corporation, institution, society or organization
24involved in the adoption of the child, except a child welfare
25agency, shall execute an affidavit setting forth the hospital

 

 

SB0107 Enrolled- 33 -LRB102 04480 LNS 14499 b

1and medical costs, legal fees, counseling fees, and any other
2fees or expenditures paid in accordance with the Adoption
3Compensation Prohibition Act or Section 12C-70 of the Criminal
4Code of 2012.
5    (b) Before the entry of the judgment for adoption, each
6child welfare agency involved in the adoption of the child
7shall file an affidavit concerning the costs, expenses,
8contributions, fees, compensation, or other things of value
9which have been given, promised, or received including but not
10limited to hospital and medical costs, legal fees, social
11services, living expenses, or any other expenses related to
12the adoption paid in accordance with the Adoption Compensation
13Prohibition Act or Section 12C-70 of the Criminal Code of
142012.
15    If the total amount paid by the child welfare agency is
16$4,500 or more, the affidavit shall contain an itemization of
17expenditures.
18    If the total amount paid by the child welfare agency is
19less than $4,500, the agency may file an unitemized affidavit
20stating that the total amount paid is less than $4,500 unless
21the court, in its discretion, requires that agency to file an
22itemized affidavit.
23    (c) No affidavit need be filed in the case of an adoption
24of a related child or an adult, nor shall an affidavit be
25required to be filed by a non-consenting parent, or by any
26judge, or clerk, involved in an official capacity in the

 

 

SB0107 Enrolled- 34 -LRB102 04480 LNS 14499 b

1adoption proceedings.
2    (d) All affidavits filed in accordance with this Section
3shall be under penalty of perjury and shall include, but are
4not limited to, hospital and medical costs, legal fees, social
5services, living expenses or any other expenses related to the
6adoption or to the placement of the child, whether or not the
7payments are permitted by applicable laws.
8    (e) Except as provided in subsections (f), (f-1), (f-2),
9and (f-5), upon Upon the expiration of 6 months after the date
10of any interim order vesting temporary care, custody and
11control of a child, other than a related child, in the
12petitioners, entered pursuant to this Act, the petitioners may
13apply to the court for a judgment of adoption. Notice of such
14application shall be served by the petitioners upon the
15investigating agency or the person making such investigation,
16and the guardian ad litem. After the hearing on such
17application, at which the petitioners and the child shall
18appear in person, unless their presence is waived by the court
19for good cause shown, the court may enter a judgment for
20adoption, provided the court is satisfied from the report of
21the investigating agency or the person making the
22investigation, and from the evidence, if any, introduced, that
23the adoption is for the welfare of the child and that there is
24a valid consent, or that no consent is required as provided in
25Section 8 of this Act.
26    (f) A judgment for adoption of a related child, an adult,

 

 

SB0107 Enrolled- 35 -LRB102 04480 LNS 14499 b

1or a child as to whose adoption an agency or person authorized
2by law has the right of authority to consent may be entered at
3any time after service of process and after the return day
4designated therein.
5    (f-1) A judgment for adoption of an adult may be entered at
6any time after the adult has consented to the adoption.
7    (f-2) A judgment for adoption of a child as to whose
8adoption an Illinois-licensed child welfare agency, or person
9authorized by law, has the right of authority to consent may be
10entered at any time after placement and completion of
11investigation as required by this Act.
12    (f-5) A standby adoption judgment may be entered upon
13notice of the death of the consenting parent or upon the
14consenting parent's request that a final judgment for adoption
15be entered. The notice must be provided to the court within 60
16days after the standby adoptive parent's receipt of knowledge
17of death of the consenting parent or the consenting parent's
18request that a final judgment for adoption be entered. If the
19court finds that adoption is for the welfare of the child and
20that there is a valid consent, including consent for standby
21adoption, which is still in effect, or that no consent is
22required under Section 8 of the Act, a judgment for adoption
23shall be entered unless the court finds by clear and
24convincing evidence that it is no longer in the best interest
25of the child for the adoption to be finalized.
26    (g) No special findings of fact or certificate of evidence

 

 

SB0107 Enrolled- 36 -LRB102 04480 LNS 14499 b

1shall be necessary in any case to support the judgment.
2    (h) Only the circuit court that entered the judgment of
3the adoption may order the issuance of any contents of the
4court file or that the original birth record of the adoptee be
5provided to any persons.
6(Source: P.A. 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)