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90_HB0098
215 ILCS 5/356h from Ch. 73, par. 968h
215 ILCS 125/4-9 from Ch. 111 1/2, par. 1409.2
720 ILCS 525/4 from Ch. 40, par. 1704
750 ILCS 50/1 from Ch. 40, par. 1501
750 ILCS 50/9 from Ch. 40, par. 1511
750 ILCS 50/11 from Ch. 40, par. 1513
750 ILCS 50/13 from Ch. 40, par. 1516
750 ILCS 50/14 from Ch. 40, par. 1517
750 ILCS 50/21 from Ch. 40, par. 1526
Amends the Insurance Code, the Health Maintenance
Organization Act, the Adoption Compensation Prohibition Act,
and the Adoption Act. Imposes certain requirements on
accident and health insurance policies and HMO contracts
concerning adopted children. Adds, as a ground for a finding
of parental unfitness, failure to maintain a reasonable
degree of interest as to the pregnant mother and unborn child
during the period of gestation. Makes other changes.
LRB9000720LDdv
LRB9000720LDdv
1 AN ACT concerning adoption, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Insurance Code is amended by
5 changing Section 356h as follows:
6 (215 ILCS 5/356h) (from Ch. 73, par. 968h)
7 Sec. 356h. Adopted children.
8 (a) No individual or group policy of accident and health
9 insurance which covers the insured's immediate family or
10 children, as well as covering the insured, shall exclude a
11 child from coverage, or limit coverage for a child, or
12 require a greater premium or fee to provide coverage for a
13 child, solely because the child is an adopted child, or
14 solely because the child does not reside with the insured.
15 For purposes of this Section, a child who is in the custody
16 of the insured, pursuant to an interim court order of
17 adoption vesting temporary care of the child in the insured,
18 is an adopted child, regardless of whether a final order
19 granting adoption is ultimately issued.
20 (b) Each policy of accident and health insurance shall
21 contain a provision stating that the accident and health
22 insurance benefits applicable for adopted children shall be
23 granted retroactive to the earlier of:
24 (1) the date of birth of the child, provided that
25 an interim court order of adoption vesting temporary care
26 of the child in the insured was entered by a court of
27 competent jurisdiction within 31 days of the birth of the
28 child;
29 (2) the date of the entry of the interim court
30 order of adoption vesting temporary care of the child in
31 the insured; or
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1 (3) the date of the written placement agreement
2 between the insured and a licensed child welfare agency
3 vesting temporary care of the child in the insured.
4 (c) The coverage for adopted children retroactive to the
5 date of birth shall include coverage of illness, injury,
6 congenital defects, birth abnormalities, and premature birth.
7 (d) If payment of a specific premium is required to
8 provide coverage for a child, the policy may require that
9 notification of the birth of a newborn child, the entry of
10 the interim order of adoption, or the execution of a written
11 placement agreement, as the case may be, and payment of the
12 required premium or fees must be furnished to the insurer
13 within 31 days after the date of birth, the entry of the
14 interim order of adoption, or the execution of the written
15 placement agreement, in order to have the coverage continue
16 beyond the 31-day period.
17 (e) All individual or group policies of accident and
18 health insurance providing coverage of maternity benefits on
19 an expense incurred basis which cover the insured or the
20 insured's immediate family or children shall also provide
21 primary coverage for the costs of the birth of any adopted
22 child of the insured, including but not limited to the
23 hospital and medical expenses of the biological mother of the
24 child. That coverage, however, is subject to the same
25 limitations contained in the policy applicable to the
26 insured.
27 (f) For purposes of this Section, a child who is in the
28 custody of the insured, pursuant to an interim court order of
29 adoption or pursuant to a written placement agreement between
30 the insured and a licensed child welfare agency vesting
31 temporary care of the child in the insured, is an adopted
32 child, regardless of whether a final court order granting
33 adoption is ultimately issued.
34 (Source: P.A. 86-649.)
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1 Section 10. The Health Maintenance Organization Act is
2 amended by changing Section 4-9 as follows:
3 (215 ILCS 125/4-9) (from Ch. 111 1/2, par. 1409.2)
4 Sec. 4-9. Adopted children.
5 (a) No contract or evidence of coverage issued by a
6 Health Maintenance Organization which provides for coverage
7 of dependents of the principal enrollees shall exclude a
8 child from coverage or eligibility for coverage, or limit
9 coverage for a child, or require a greater premium or fee to
10 provide coverage for a child, solely on the basis that he or
11 she is an adopted child or solely because the child does not
12 reside with the principal enrollee. For purposes of this
13 Section, a child who is in the custody of a principal
14 enrollee, pursuant to an interim court order of adoption
15 vesting temporary care of the child in the enrollee, is an
16 adopted child, regardless of whether a final order granting
17 adoption is ultimately issued.
18 (b) Each contract or evidence of coverage issued by a
19 Health Maintenance Organization shall contain a provision
20 stating that the coverage applicable for adopted children
21 shall be granted retroactive to the earlier of:
22 (1) the date of birth of the child, provided that
23 an interim court order of adoption vesting temporary care
24 of the child in the enrollee was entered by a court of
25 competent jurisdiction within 31 days of the birth of the
26 child;
27 (2) the date of the entry of the interim court
28 order of adoption vesting temporary care of the child in
29 the enrollee; or
30 (3) the date of the written placement agreement
31 between the enrollee and a licensed child welfare agency
32 vesting temporary care of the child in the enrollee.
33 (c) If payment of a specific premium is required to
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1 provide coverage for a child, the contract or evidence of
2 coverage may require that notification of the birth of a
3 newborn child, the entry of the interim order of adoption, or
4 the execution of a written placement agreement, as the case
5 may be, and payment of the required premium or fees must be
6 furnished to the Health Maintenance Organization within 31
7 days after the date of birth, the entry of the interim order
8 of adoption, or the execution of the written placement
9 agreement, in order to have the coverage continue beyond the
10 31-day period.
11 (d) The coverage for newborn children retroactive to the
12 date of birth shall include coverage of illness, injury,
13 congenital defects, birth abnormalities, and premature birth.
14 (e) All contracts or evidences of coverage issued by a
15 Health Maintenance Organization which provide for maternity
16 coverage of the principal enrollee or the enrollee's
17 immediate family or children shall also provide primary
18 coverage for the costs of the birth of any adopted child of
19 the enrollee, including but not limited to the hospital and
20 medical expenses of the biological mother of the child. That
21 coverage, however, is subject to the same limitations
22 contained in the contract or evidence of coverage applicable
23 to the enrollee.
24 (f) For purposes of this Section, a child who is in the
25 custody of the principal enrollee, pursuant to an interim
26 court order of adoption or pursuant to a written placement
27 agreement between the enrollee and a licensed child care
28 welfare agency vesting temporary care of the child in the
29 enrollee, is an adopted child, regardless of whether a final
30 court order granting adoption is ultimately issued.
31 (Source: P.A. 86-620.)
32 Section 15. The Adoption Compensation Prohibition Act is
33 amended by changing Section 4 as follows:
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1 (720 ILCS 525/4) (from Ch. 40, par. 1704)
2 Sec. 4. The provisions of this Act shall not be construed
3 to prevent the payment of salaries or other compensation by a
4 licensed child welfare agency, as that term is defined by the
5 Child Care Act of 1969, as now or hereafter amended, to the
6 officers or employees thereof; nor shall it be construed to
7 prevent the payment by a person with whom a child has been
8 placed out of reasonable and actual medical fees or hospital
9 charges for services rendered in connection with the birth of
10 such child, if such payment is made to the physician or
11 hospital who or which rendered the services or to the
12 biological natural mother of the child or to prevent the
13 receipt of such payment by such physician, hospital, or
14 mother.
15 (Source: P.A. 86-820.)
16 Section 20. The Adoption Act is amended by changing
17 Sections 1, 9, 11, 13, 14, and 21 as follows:
18 (750 ILCS 50/1) (from Ch. 40, par. 1501)
19 Sec. 1. Definitions. When used in this Act, unless the
20 context otherwise requires:
21 A. "Child" means a person under legal age subject to
22 adoption under this Act.
23 B. "Related child" means a child subject to adoption
24 where either or both of the adopting parents stands in any of
25 the following relationships to the child by blood or
26 marriage: parent, grand-parent, brother, sister, step-parent,
27 step-grandparent, step-brother, step-sister, uncle, aunt,
28 great-uncle, great-aunt, or cousin of first degree. A child
29 whose parent has executed a final irrevocable consent to
30 adoption or a final irrevocable surrender for purposes of
31 adoption, or whose parent has had his or her parental rights
32 terminated, is not a related child to that person or to any
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1 other person otherwise related to the child on account of a
2 relationship to that parent.
3 C. "Agency" for the purpose of this Act means a public
4 child welfare agency or a licensed child welfare agency.
5 D. "Unfit person" means any person whom the court shall
6 find to be unfit to have a child, without regard to the
7 likelihood that the child will be placed for adoption. The
8 grounds of unfitness are any one or more of the following:
9 (a) Abandonment of the child.
10 (b) Failure to maintain a reasonable degree of
11 interest, concern or responsibility as to the child's
12 welfare.
13 (c) Desertion of the child for more than 3 months
14 next preceding the commencement of the Adoption
15 proceeding.
16 (d) Substantial neglect of the child if continuous
17 or repeated.
18 (e) Extreme or repeated cruelty to the child.
19 (f) Two or more findings of physical abuse to any
20 children under Section 4-8 of the Juvenile Court Act or
21 Section 2-21 of the Juvenile Court Act of 1987, the most
22 recent of which was determined by the juvenile court
23 hearing the matter to be supported by clear and
24 convincing evidence; a criminal conviction resulting from
25 the death of any child by physical child abuse; or a
26 finding of physical child abuse resulting from the death
27 of any child under Section 4-8 of the Juvenile Court Act
28 or Section 2-21 of the Juvenile Court Act of 1987.
29 (g) Failure to protect the child from conditions
30 within his environment injurious to the child's welfare.
31 (h) Other neglect of, or misconduct toward the
32 child; provided that in making a finding of unfitness the
33 court hearing the adoption proceeding shall not be bound
34 by any previous finding, order or judgment affecting or
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1 determining the rights of the parents toward the child
2 sought to be adopted in any other proceeding except such
3 proceedings terminating parental rights as shall be had
4 under either this Act, the Juvenile Court Act or the
5 Juvenile Court Act of 1987.
6 (i) Depravity.
7 (j) Open and notorious adultery or fornication.
8 (j-1) Conviction of first degree murder in
9 violation of paragraph 1 or 2 of subsection (a) of
10 Section 9-1 of the Criminal Code of 1961 or conviction of
11 second degree murder in violation of subsection (a) of
12 Section 9-2 of the Criminal Code of 1961 of a parent of
13 the child to be adopted shall create a presumption of
14 unfitness that may be overcome only by clear and
15 convincing evidence.
16 (k) Habitual drunkenness or addiction to drugs,
17 other than those prescribed by a physician, for at least
18 one year immediately prior to the commencement of the
19 unfitness proceeding.
20 (l) Failure to demonstrate a reasonable degree of
21 interest, concern or responsibility as to the welfare of
22 a new born child during the first 30 days after its
23 birth.
24 (m) Failure by a parent to make reasonable efforts
25 to correct the conditions that were the basis for the
26 removal of the child from the parent, or to make
27 reasonable progress toward the return of the child to the
28 parent within 12 months after an adjudication of
29 neglected minor, abused minor or dependent minor under
30 the Juvenile Court Act or the Juvenile Court Act of 1987.
31 (n) Evidence of intent to forego his or her
32 parental rights, whether or not the child is a ward of
33 the court, (1) as manifested by his or her failure for a
34 period of 12 months: (i) to visit the child, (ii) to
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1 communicate with the child or agency, although able to do
2 so and not prevented from doing so by an agency or by
3 court order, or (iii) to maintain contact with or plan
4 for the future of the child, although physically able to
5 do so, or (2) as manifested by the father's failure,
6 where he and the mother of the child were unmarried to
7 each other at the time of the child's birth, (i) to
8 commence legal proceedings to establish his paternity
9 under the Illinois Parentage Act of 1984 or the law of
10 the jurisdiction of the child's birth within 30 days of
11 being informed, pursuant to Section 12a of this Act, that
12 he is the father or the likely father of the child or,
13 after being so informed where the child is not yet born,
14 within 30 days of the child's birth, or (ii) to make a
15 good faith effort to pay a reasonable amount of the
16 expenses related to the birth of the child and to provide
17 a reasonable amount for the financial support of the
18 child, the court to consider in its determination all
19 relevant circumstances, including the financial condition
20 of both parents; provided that the ground for termination
21 provided in this subparagraph (n)(2)(ii) shall only be
22 available where the petition is brought by the mother or
23 the husband of the mother.
24 Contact or communication by a parent with his or her
25 child that does not demonstrate affection and concern
26 does not constitute reasonable contact and planning under
27 subdivision (n). In the absence of evidence to the
28 contrary, the ability to visit, communicate, maintain
29 contact, pay expenses and plan for the future shall be
30 presumed. The subjective intent of the parent, whether
31 expressed or otherwise, unsupported by evidence of the
32 foregoing parental acts manifesting that intent, shall
33 not preclude a determination that the parent has intended
34 to forego his or her parental rights. In making this
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1 determination, the court may consider but shall not
2 require a showing of diligent efforts by an authorized
3 agency to encourage the parent to perform the acts
4 specified in subdivision (n).
5 It shall be an affirmative defense to any allegation
6 under paragraph (2) of this subsection that the father's
7 failure was due to circumstances beyond his control or to
8 impediments created by the mother or any other person
9 having legal custody. Proof of that fact need only be by
10 a preponderance of the evidence.
11 (o) Repeated or continuous failure by the parents,
12 although physically and financially able, to provide the
13 child with adequate food, clothing, or shelter.
14 (p) Inability to discharge parental
15 responsibilities supported by competent evidence from a
16 psychiatrist, licensed clinical social worker, or
17 clinical psychologist of mental impairment, mental
18 illness or mental retardation as defined in Section 1-116
19 of the Mental Health and Developmental Disabilities Code,
20 or developmental disability as defined in Section 1-106
21 of that Code, and there is sufficient justification to
22 believe that the inability to discharge parental
23 responsibilities shall extend beyond a reasonable time
24 period. However, this subdivision (p) shall not be
25 construed so as to permit a licensed clinical social
26 worker to conduct any medical diagnosis to determine
27 mental illness or mental impairment.
28 (q) A finding of physical abuse of the child under
29 Section 4-8 of the Juvenile Court Act or Section 2-21 of
30 the Juvenile Court Act of 1987 and a criminal conviction
31 of aggravated battery of the child.
32 (r) Failure to maintain a reasonable degree of
33 interest, concern, or responsibility as to the welfare of
34 the pregnant mother and the unborn child during the
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1 period of gestation.
2 E. "Parent" means the father or mother of a legitimate
3 or illegitimate child. For the purpose of this Act, a person
4 who has executed a final and irrevocable consent to adoption
5 or a final and irrevocable surrender for purposes of
6 adoption, or whose parental rights have been terminated by a
7 court, is not a parent of the child who was the subject of
8 the consent or surrender.
9 F. A person is available for adoption when the person
10 is:
11 (a) a child who has been surrendered for adoption
12 to an agency and to whose adoption the agency has
13 thereafter consented;
14 (b) a child to whose adoption a person authorized
15 by law, other than his parents, has consented, or to
16 whose adoption no consent is required pursuant to Section
17 8 of this Act;
18 (c) a child who is in the custody of persons who
19 intend to adopt him through placement made by his
20 parents; or
21 (d) an adult who meets the conditions set forth in
22 Section 3 of this Act.
23 A person who would otherwise be available for adoption
24 shall not be deemed unavailable for adoption solely by reason
25 of his or her death.
26 G. The singular includes the plural and the plural
27 includes the singular and the "male" includes the "female",
28 as the context of this Act may require.
29 H. "Adoption disruption" occurs when an adoptive
30 placement does not prove successful and it becomes necessary
31 for the child to be removed from placement before the
32 adoption is finalized.
33 I. "Foreign placing agency" is an agency or individual
34 operating in a country or territory outside the United States
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1 that is authorized by its country to place children for
2 adoption either directly with families in the United States
3 or through United States based international agencies.
4 J. "Immediate relatives" means the biological parents,
5 the parents of the biological parents and siblings of the
6 biological parents;
7 K. "Intercountry adoption" is a process by which a child
8 from a country other than the United States is adopted.
9 L. "Intercountry Adoption Coordinator" is a staff person
10 of the Department of Children and Family Services appointed
11 by the Director to coordinate the provision of services by
12 the public and private sector to prospective parents of
13 foreign-born children.
14 M. "Interstate Compact on the Placement of Children" is
15 a law enacted by most states for the purpose of establishing
16 uniform procedures for handling the interstate placement of
17 children in foster homes, adoptive homes, or other child care
18 facilities.
19 N. "Non-Compact state" means a state that has not
20 enacted the Interstate Compact on the Placement of Children.
21 O. "Preadoption requirements" are any conditions
22 established by the laws or regulations of the Federal
23 Government or of each state that must be met prior to the
24 placement of a child in an adoptive home.
25 P. "Abused child" means a child whose parent or
26 immediate family member, or any person responsible for the
27 child's welfare, or any individual residing in the same home
28 as the child, or a paramour of the child's parent:
29 (a) inflicts, causes to be inflicted, or allows to
30 be inflicted upon the child physical injury, by other
31 than accidental means, that causes death, disfigurement,
32 impairment of physical or emotional health, or loss or
33 impairment of any bodily function;
34 (b) creates a substantial risk of physical injury
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1 to the child by other than accidental means which would
2 be likely to cause death, disfigurement, impairment of
3 physical or emotional health, or loss or impairment of
4 any bodily function;
5 (c) commits or allows to be committed any sex
6 offense against the child, as sex offenses are defined in
7 the Criminal Code of 1961 and extending those definitions
8 of sex offenses to include children under 18 years of
9 age;
10 (d) commits or allows to be committed an act or
11 acts of torture upon the child; or
12 (e) inflicts excessive corporal punishment.
13 Q. "Neglected child" means any child whose parent or
14 other person responsible for the child's welfare withholds
15 or denies nourishment or medically indicated treatment
16 including food or care denied solely on the basis of the
17 present or anticipated mental or physical impairment as
18 determined by a physician acting alone or in consultation
19 with other physicians or otherwise does not provide the
20 proper or necessary support, education as required by law, or
21 medical or other remedial care recognized under State law as
22 necessary for a child's well-being, or other care necessary
23 for his or her well-being, including adequate food, clothing
24 and shelter; or who is abandoned by his or her parents or
25 other person responsible for the child's welfare.
26 A child shall not be considered neglected or abused for
27 the sole reason that the child's parent or other person
28 responsible for his or her welfare depends upon spiritual
29 means through prayer alone for the treatment or cure of
30 disease or remedial care as provided under Section 4 of the
31 Abused and Neglected Child Reporting Act.
32 R. "Putative father" means a man who may be a child's
33 father, but who (1) is not married to the child's mother on
34 or before the date that the child was or is to be born and
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1 (2) has not established paternity of the child in a court
2 proceeding before the filing of a petition for the adoption
3 of the child. The term includes a male who is less than 18
4 years of age.
5 (Source: P.A. 88-20; 88-550, eff. 7-3-94; 88-691, eff.
6 1-24-95; 89-235, eff. 8-4-95.)
7 (750 ILCS 50/9) (from Ch. 40, par. 1511)
8 Sec. 9. Time for taking a consent or surrender.
9 A. A consent or a surrender taken not less than 72 hours
10 after the birth of the child is irrevocable except as
11 provided in Section 11 of this Act.
12 B. No consent or surrender shall be taken within the 72
13 hour period immediately following the birth of the child.
14 C. A consent or a surrender may be taken from the father
15 prior to the birth of the child. Such consent or surrender
16 shall be revoked if, within 72 hours after the birth of the
17 child, the father who gave such consent or surrender,
18 notifies in writing the person, agency or court
19 representative who took the surrender or consent or any
20 individual representing or connected with such person, agency
21 or court representative of the revocation of the consent or
22 surrender.
23 D. Any consent or surrender taken in accordance with
24 paragraph C above which is not revoked within 72 hours after
25 the birth of the child is irrevocable except as provided in
26 Section 11 of this Act.
27 E. The consent of a parent shall not be taken until a
28 petition for the adoption of the child has been filed with a
29 court of competent jurisdiction, except as provided in
30 subsection C.
31 (Source: P.A. 78-854.)
32 (750 ILCS 50/11) (from Ch. 40, par. 1513)
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1 Sec. 11. Consents, surrenders, irrevocability.
2 (a) A consent to adoption by a parent, including a
3 minor, executed and acknowledged in accordance with the
4 provisions of Section 8 of this Act, or a surrender of a
5 child by a parent, including a minor, to an agency for the
6 purpose of adoption shall be irrevocable unless it shall have
7 been obtained by fraud or duress on the part of the person
8 before whom such consent, surrender, or other document
9 equivalent to a surrender is acknowledged pursuant to the
10 provisions of Section 10 of this Act or on the part of the
11 adopting parents or their agents and a court of competent
12 jurisdiction shall so find. No action to void or revoke a
13 consent to or surrender for adoption, including an action
14 based on fraud or duress, may be commenced after 12 months
15 from the date the consent or surrender was executed. The
16 consent or surrender of a parent who is a minor shall not be
17 voidable because of such minority. A consent to or a
18 surrender for an adoption shall not be limited to a
19 particular adopting parent or to particular adopting parents,
20 but shall be deemed to be final and irrevocable for all
21 purposes pursuant to the terms of this Section.
22 (b) The petitioners in an adoption proceeding are
23 entitled to rely upon a sworn statement of the biological
24 mother of the child to be adopted identifying the father of
25 her child. The affidavit shall be conclusive evidence as to
26 the biological mother regarding the facts stated therein, and
27 shall create a rebuttable presumption of truth as to the
28 biological father only. Except as provided in Section 11 of
29 this Act, the biological mother of the child shall be
30 permanently barred from attacking the proceeding thereafter.
31 The biological mother shall execute such affidavit in writing
32 and under oath. The affidavit shall be executed by the
33 biological mother before or at the time of execution of the
34 consent or surrender, and shall be retained by the court and
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1 be a part of the Court's files. The form of affidavit shall
2 be substantially as follows:
3 AFFIDAVIT OF IDENTIFICATION
4 I, ................., the mother of a (male or female)
5 child, state under oath or affirm as follows:
6 (1) That the child was born, or is expected to be born,
7 on the ... day of ..........., 199..,
8 at......................., in the State of
9 ...................
10 (2) That I reside at .................., in the City or
11 Village of ..........., State of ...................
12 (3) That I am of the age of ....... years.
13 (4) That I acknowledge that I have been asked to
14 identify the father of my child.
15 (5) (CHECK ONE)
16 .... I know and am identifying the biological father.
17 .... I do not know the identity of the biological father.
18 ....I am unwilling to identify the biological father.
19 (6A) If I know and am identifying the father:
20 That the name of the biological father is
21 ....................; his last known home address
22 is............; his last known work address is
23 ....................; and he is ..... years of age; or he is
24 deceased, having died on the ...... day of ............,
25 19...., at .............., in the State of ..................
26 (6B) If I do not know the identity of the biological
27 father:
28 I do not know who the biological father is; the following
29 is an explanation of why I am unable to identify him:
30 .............................................................
31 .............................................................
32 .............................................................
33 (6C) If I am unwilling to identify the biological
34 father:
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1 I do not wish to name the biological father of the child
2 for the following reasons:
3 .............................................................
4 .............................................................
5 .............................................................
6 (7) The physical description of the biological father
7 is: .........................................................
8 .............................................................
9 .............................................................
10 (8) I reaffirm that the information contained in
11 paragraphs 5, 6, and 7, inclusive, is true and correct.
12 (9) I have been informed and understand that if I am
13 unwilling, refuse to identify, or misidentify the biological
14 father of the child, absent fraud or duress, I am permanently
15 barred from attacking the proceedings for the adoption of the
16 child at any time after I sign a final and irrevocable
17 consent to adoption or surrender for purposes of adoption.
18 (10) I have read this Affidavit and have had the
19 opportunity to review and question it; it was explained to me
20 by ............................; and I am signing it as my
21 free and voluntary act and understand the contents and the
22 results of signing it.
23 Dated this... day of ..................., 199...
24 ...................................
25 Signature
26 Under penalties as provided by law under Section 1-109 of
27 the Code of Civil Procedure, the undersigned certifies that
28 the statements set forth in this Affidavit are true and
29 correct.
30 ...................................
31 Signature
32 (Source: P.A. 88-550, eff. 7-3-94; 89-315, eff. 1-1-96.)
33 (750 ILCS 50/13) (from Ch. 40, par. 1516)
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1 Sec. 13. Interim order. As soon as practicable after the
2 filing of a petition for adoption the court shall hold a
3 hearing for the following purposes:
4 A. In other than an adoption of a related child or an
5 adoption through an agency, or of an adult:
6 (a) To determine the validity of the consent,
7 provided that the execution of a consent pursuant to this
8 Act shall be prima facie evidence of its validity, and
9 provided that the validity of a consent shall not be
10 affected by the omission therefrom of the names of the
11 petitioners or adopting parents at the time the consent
12 is executed or acknowledged, and further provided that
13 the execution of a consent prior to the filing of a
14 petition for adoption shall not affect its validity;
15 (b) To determine whether there is available
16 suitable temporary custodial care for a child sought to
17 be adopted.
18 B. In all cases:
19 (a) The court shall appoint some licensed attorney
20 other than the State's attorney acting in his official
21 capacity as guardian ad litem to represent a child sought
22 to be adopted. Such guardian ad litem shall have power to
23 consent to the adoption of the child, if such consent is
24 required;
25 (b) The court shall appoint a guardian ad litem for
26 all named minors or defendants who are persons under
27 legal disability, if any.
28 (c) If the petition alleges a person to be unfit
29 pursuant to the provisions of subparagraph (p) of
30 paragraph D of Section 1 of this Act, such person shall
31 be represented by counsel. If such person is indigent or
32 an appearance has not been entered on his behalf at the
33 time the matter is set for hearing, the court shall
34 appoint as counsel for him either the Guardianship and
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1 Advocacy Commission, the public defender, or, only if no
2 attorney from the Guardianship and Advocacy Commission or
3 the public defender is available, an attorney licensed to
4 practice law in this State.
5 (d) If it is proved to the satisfaction of the
6 court, after such investigation as the court deems
7 necessary, that termination of parental rights and
8 temporary commitment of the child to an agency or to a
9 person deemed competent by the court, including
10 petitioners, will be for the welfare of the child, the
11 court may order the child to be so committed and may
12 terminate the parental rights of the parents and declare
13 the child a ward of the court or, if it is not so proved,
14 the court may enter such other order as it shall deem
15 necessary and advisable.
16 C. In the case of a child born outside the United States
17 or a territory thereof, if the petitioners have previously
18 been appointed guardians of such child by a court of
19 competent jurisdiction in a country other than the United
20 States or a territory thereof, the court may order that the
21 petitioners continue as guardians of such child.
22 (Source: P.A. 89-644, eff. 1-1-97.)
23 (750 ILCS 50/14) (from Ch. 40, par. 1517)
24 Sec. 14. Judgment; affidavit of expenses.
25 (a) Prior to the entry of the judgment for order of
26 adoption in any case other than an adoption of a related
27 child or of an adult, each petitioner and each person,
28 agency, association, corporation, institution, society or
29 organization involved in the adoption of the child, except a
30 child welfare agency, as that term is defined in the Child
31 Care Act of 1969, shall execute an affidavit setting forth
32 the hospital and medical costs, legal fees, counseling fees,
33 and any other fees or expenditures paid in accordance with
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1 the Adoption Compensation Prohibition Act.
2 (b) Before the entry of the judgment for adoption, each
3 child welfare agency (as that term is defined in the Child
4 Care Act of 1969) involved in the adoption of the child shall
5 execute file an affidavit concerning the costs, expenses,
6 contributions, fees, compensation, or other things of value
7 which have been given, promised, or received including but
8 not limited to hospital and medical costs, legal fees, social
9 services, birth parent living expenses, or any other expenses
10 related to the adoption paid in accordance with the Adoption
11 Compensation Prohibition Act.
12 If the total amount paid by the child welfare agency is
13 $4,500 or more, the affidavit shall contain an itemization of
14 expenditures.
15 If the total amount paid by the child welfare agency is
16 less than $4,500, the execution of an affidavit to that
17 effect shall be sufficient agency may file an unitemized
18 affidavit stating that the total amount paid is less than
19 $4,500 unless the court, in its discretion, requires that
20 agency to file an itemized affidavit.
21 (c) No affidavit need be filed in the case of an
22 adoption of a related child or an adult, nor shall an
23 affidavit be required to be filed by a non-consenting parent,
24 or by any judge, or clerk, involved in an official capacity
25 in the adoption proceedings.
26 (d) All affidavits filed in accordance with this Section
27 shall be under penalty of perjury and shall include, but are
28 not limited to, hospital and medical costs, legal fees,
29 social services, birth parent living expenses, or any other
30 expenses related to the adoption or to the placement of the
31 child, whether or not the payments are permitted by
32 applicable laws.
33 (e) Upon the expiration of 6 months after the date of
34 any interim order vesting temporary care, custody and control
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1 of a child, other than a related child, in the petitioners,
2 entered pursuant to this Act, the petitioners may apply to
3 the court for a judgment for of adoption. Notice of such
4 application shall be served by the petitioners upon the
5 investigating agency or the person making such investigation,
6 and the guardian ad litem. After the hearing on such
7 application, at which the petitioners and the child shall
8 appear in person, unless their presence is waived by the
9 court for good cause shown, the court may enter a judgment
10 for adoption, provided the court is satisfied from the report
11 of the investigating agency or the person making the
12 investigation, and from the evidence, if any, introduced,
13 that the adoption is for the welfare of the child and that
14 there is a valid consent, or that no consent is required as
15 provided in Section 8 of this Act.
16 (f) A judgment for adoption of a related child, an
17 adult, or a child as to whose adoption an agency or person
18 authorized by law has the right of authority to consent may
19 be entered at any time after service of process and after the
20 return day designated therein.
21 (g) No special findings of fact or certificate of
22 evidence shall be necessary in any case to support the
23 judgment.
24 (h) Only the circuit court that entered the judgment of
25 the adoption may order the issuance of any contents of the
26 court file or that the original birth record of the adoptee
27 be provided to any persons.
28 (Source: P.A. 88-148.)
29 (750 ILCS 50/21) (from Ch. 40, par. 1526)
30 Sec. 21. Compensation for placing of children prohibited.
31 No person, agency, association, corporation, institution,
32 society or other organization, except a child welfare agency
33 as defined by the the "Child Care Act of 1969", approved July
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1 10, 1957, as now or hereafter amended, shall receive or
2 accept, or pay or give any compensation or thing of value,
3 directly or indirectly, for placing out of a child as is more
4 specifically provided in the Adoption Compensation
5 Prohibition Act "An Act to prevent the payment or receipt of
6 compensation for placing out children for adoption or for the
7 purpose of providing care", approved July 14, 1955, as now or
8 hereafter amended.
9 (Source: Laws, 1959, p. 1269.)