Illinois Compiled Statutes
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705 ILCS 405/4-27
(705 ILCS 405/4-27)
(from Ch. 37, par. 804-27)
Adoption; appointment of guardian with power to consent.
(1) A ward of the court under this Act, with the consent of the court,
may be the subject of a petition for adoption under "An Act in relation to
the adoption of persons, and to repeal an Act therein named", approved July
17, 1959, as amended, or with like consent his or her parent or parents
may, in the manner required by such Act, surrender him or her for adoption
to an agency legally authorized or licensed to place children for adoption.
(2) If the petition prays and the court finds that it is in the best
interests of the minor 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, based upon clear
and convincing evidence, that a non-consenting
parent is an unfit person as defined in Section 1 of "An Act in relation
to the adoption of persons, and to repeal an Act therein named", approved
July 17, 1959, as amended, may 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 terminates parental rights, 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 non-consenting parent.
(3) Parental consent to the order authorizing the guardian of the person
to consent to adoption of the Minor shall be given in open court whenever
possible and otherwise must be in writing and signed in the form provided
in "An Act in relation to the adoption of persons, and to repeal an Act
therein named", approved July 17, 1959, as amended,
but no names of petitioners for adoption need be included. A finding of the
unfitness of a nonconsenting parent must be made in compliance with that
Act and be based upon clear and convincing evidence. Provisions of that
Act relating to minor parents and to mentally ill or mentally deficient
parents apply to proceedings under this Section and shall be based upon
clear and convincing evidence.
(Source: P.A. 85-601.)