Illinois Compiled Statutes
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705 ILCS 405/2-29
(705 ILCS 405/2-29)
(from Ch. 37, par. 802-29)
Adoption; appointment of guardian with power to consent.
(1) With leave of the court, a minor who is the subject of an
abuse, neglect, or dependency petition under this
may be the subject of a petition for adoption under the Adoption Act.
parent or parents of a child in whose interest a petition under Section 2-13
of this Act is pending may, in the manner
required by the Adoption Act, (a) surrender him
or her for adoption to an agency legally authorized or licensed to place
children for adoption, (b) consent to his or her adoption, or (c) consent to
his or her adoption by a specified person or persons. Nothing in this
Section requires that the parent or parents execute the surrender, consent, or
consent to adoption by a specified person in open court.
(2) If a petition or motion alleges and the court
finds that it
is in the
interest of the minor that parental rights be terminated and the petition or
motion requests that a guardian of
the person be appointed and
authorized to consent to the adoption of the minor, the court,
with the consent of the parents, if living, or after finding,
and convincing evidence, that a
parent is an unfit person as defined in Section 1 of the Adoption Act, may
terminate parental rights and empower the guardian of the
person of the minor, in the order appointing him or her as such guardian, to
appear in court where any proceedings for the adoption of the minor may at
any time be pending and to consent to the adoption. Such consent is
sufficient to authorize the court in the adoption proceedings to enter a
proper order or judgment of adoption without further notice to, or consent
by, the parents of the minor. An order so empowering the guardian to
consent to adoption deprives the parents of the
minor of all legal rights as respects the minor and relieves them of all
parental responsibility for him or her, and frees the minor from all
obligations of maintenance and obedience to his or her natural parents.
If the minor is over 14 years of age, the court may, in its discretion,
consider the wishes of the minor in determining whether the best interests
of the minor would be promoted by the finding of the unfitness of a
(2.1) Notice to a parent who has appeared or been served with summons
personally or by certified mail, and for whom an order of default has been
entered on the petition for wardship and has not been set aside shall be
provided in accordance with Supreme Court Rule 11. Notice to a parent who was
served by publication and for whom an order of default has been entered on the
petition for wardship and has not been set aside shall be provided in
accordance with Sections 2-15 and 2-16.
(3) Parental consent to the order terminating
parental rights and authorizing the
guardian of the person
to consent to adoption of the minor must be in writing and signed in the form provided
in the Adoption Act,
but no names of petitioners for adoption need be included.
(4) A finding of the
unfitness of a parent must be made in compliance with the
Adoption Act, without regard to the likelihood that the child will be placed
for adoption, and be based upon clear and convincing
evidence. Provisions of the Adoption Act relating to minor
parents and to mentally ill
or mentally deficient parents apply to proceedings under this Section and
any findings with respect to such parents shall be based upon clear and
(Source: P.A. 89-704, eff. 8-16-97 (changed from 1-1-98 by P.A. 90-443);
90-28, eff. 1-1-98; 90-443, eff. 8-16-97; 90-608, eff. 6-30-98.)