Illinois General Assembly - Full Text of Public Act 096-0601
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Public Act 096-0601


 

Public Act 0601 96TH GENERAL ASSEMBLY



 


 
Public Act 096-0601
 
HB2405 Enrolled LRB096 04182 AJO 14224 b

    AN ACT concerning civil law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Adoption Act is amended by changing Sections
10 and 14.5 as follows:
 
    (750 ILCS 50/10)  (from Ch. 40, par. 1512)
    Sec. 10. Forms of consent and surrender; execution and
acknowledgment thereof.    A. The form of consent required for
the adoption of a born child shall be substantially as follows:
FINAL AND IRREVOCABLE CONSENT TO ADOPTION
    I, ...., (relationship, e.g., mother, father, relative,
guardian) of ...., a ..male child, state:
    That such child was born on .... at ....
    That I reside at ...., County of .... and State of ....
    That I am of the age of .... years.
    That I hereby enter my appearance in this proceeding and
waive service of summons on me.
    That I do hereby consent and agree to the adoption of such
child.
    That I wish to and understand that by signing this consent
I do irrevocably and permanently give up all custody and other
parental rights I have to such child.
    That I understand such child will be placed for adoption
and that I cannot under any circumstances, after signing this
document, change my mind and revoke or cancel this consent or
obtain or recover custody or any other rights over such child.
That I have read and understand the above and I am signing it
as my free and voluntary act.
    Dated (insert date).
.........................
 
    If under Section 8 the consent of more than one person is
required, then each such person shall execute a separate
consent.
    B. The form of consent required for the adoption of an
unborn child shall be substantially as follows:
CONSENT TO ADOPTION OF UNBORN CHILD
    I, ...., state:
    That I am the father of a child expected to be born on or
about .... to .... (name of mother).
    That I reside at .... County of ...., and State of .....
    That I am of the age of .... years.
    That I hereby enter my appearance in such adoption
proceeding and waive service of summons on me.
    That I do hereby consent and agree to the adoption of such
child, and that I have not previously executed a consent or
surrender with respect to such child.
    That I wish to and do understand that by signing this
consent I do irrevocably and permanently give up all custody
and other parental rights I have to such child, except that I
have the right to revoke this consent by giving written notice
of my revocation not later than 72 hours after the birth of the
child.
    That I understand such child will be placed for adoption
and that, except as hereinabove provided, I cannot under any
circumstances, after signing this document, change my mind and
revoke or cancel this consent or obtain or recover custody or
any other rights over such child.
    That I have read and understand the above and I am signing
it as my free and voluntary act.
    Dated (insert date).
........................
    B-5. (1) The parent of a child may execute a consent to
standby adoption by a specified person or persons. A consent
under this subsection B-5 shall be acknowledged by a parent
pursuant to subsection H and subsection K of this Section. The
form of consent required for the standby adoption of a born
child effective at a future date when the consenting parent of
the child dies or requests that a final judgment of adoption be
entered shall be substantially as follows:
FINAL AND IRREVOCABLE CONSENT
TO STANDBY ADOPTION
    I, ..., (relationship, e.g. mother or father) of ...., a
..male child, state:
    That the child was born on .... at .....
    That I reside at ...., County of ...., and State of .....
    That I am of the age of .... years.
    That I hereby enter my appearance in this proceeding and
waive service of summons on me in this action only.
    That I do hereby consent and agree to the standby adoption
of the child, and that I have not previously executed a consent
or surrender with respect to the child.
    That I wish to and understand that by signing this consent
I do irrevocably and permanently give up all custody and other
parental rights I have to the child, effective upon (my death)
(the child's other parent's death) or upon (my) (the other
parent's) request for the entry of a final judgment for
adoption if ..... (specified person or persons) adopt my child.
    That I understand that until (I die) (the child's other
parent dies), I retain all legal rights and obligations
concerning the child, but at that time, I irrevocably give all
custody and other parental rights to .... (specified person or
persons).
    I understand my child will be adopted by ....... (specified
person or persons) only and that I cannot, under any
circumstances, after signing this document, change my mind and
revoke or cancel this consent or obtain or recover custody or
any other rights over my child if ..... (specified person or
persons) adopt my child.
    I understand that this consent to standby adoption is valid
only if the petition for standby adoption is filed and that if
....... (specified person or persons), for any reason, cannot
or will not file a petition for standby adoption or if his,
her, or their petition for standby adoption is denied, then
this consent is void. I have the right to notice of any other
proceeding that could affect my parental rights.
    That I have read and understand the above and I am signing
it as my free and voluntary act.
    Dated (insert date).
....................
 
    If under Section 8 the consent of more than one person is
required, then each such person shall execute a separate
consent. A separate consent shall be executed for each child.
    (2) If the parent consents to a standby adoption by 2
specified persons, then the form shall contain 2 additional
paragraphs in substantially the following form:
    If .... (specified persons) obtain a judgment of
dissolution of marriage before the judgment for adoption is
entered, then ..... (specified person) shall adopt my child. I
understand that I cannot change my mind and revoke this consent
or obtain or recover custody of my child if ..... (specified
persons) obtain a judgment of dissolution of marriage and .....
(specified person) adopts my child. I understand that I cannot
change my mind and revoke this consent if ...... (specified
persons) obtain a judgment of dissolution of marriage before
the adoption is final. I understand that this consent to
adoption has no effect on who will get custody of my child if
..... (specified persons) obtain a judgment of dissolution of
marriage after the adoption is final. I understand that if
either ..... (specified persons) dies before the petition to
adopt my child is granted, then the surviving person may adopt
my child. I understand that I cannot change my mind and revoke
this consent or obtain or recover custody of my child if the
surviving person adopts my child.
    A consent to standby adoption by specified persons on this
form shall have no effect on a court's determination of custody
or visitation under the Illinois Marriage and Dissolution of
Marriage Act if the marriage of the specified persons is
dissolved before the adoption is final.
    (3) The form of the certificate of acknowledgement for a
Final and Irrevocable Consent for Standby Adoption shall be
substantially as follows:
 
STATE OF .....)
              ) SS.
COUNTY OF ....)
 
    I, ....... (name of Judge or other person) ..... (official
title, name, and address), certify that ......., personally
known to me to be the same person whose name is subscribed to
the foregoing Final and Irrevocable Consent to Standby
Adoption, appeared before me this day in person and
acknowledged that (she) (he) signed and delivered the consent
as (her) (his) free and voluntary act, for the specified
purpose.
    I have fully explained that this consent to adoption is
valid only if the petition to adopt is filed, and that if the
specified person or persons, for any reason, cannot or will not
adopt the child or if the adoption petition is denied, then
this consent will be void. I have fully explained that if the
specified person or persons adopt the child, by signing this
consent (she) (he) is irrevocably and permanently
relinquishing all parental rights to the child, and (she) (he)
has stated that such is (her) (his) intention and desire.
    Dated (insert date).
    Signature..............................
    (4) If a consent to standby adoption is executed in this
form, the consent shall be valid only if the specified person
or persons adopt the child. The consent shall be void if:
    (a) the specified person or persons do not file a petition
for standby adoption of the child; or
    (b) a court denies the standby adoption petition.
    The parent shall not need to take further action to revoke
the consent if the standby adoption by the specified person or
persons does not occur, notwithstanding the provisions of
Section 11 of this Act.
    C. The form of surrender to any agency given by a parent of
a born child who is to be subsequently placed for adoption
shall be substantially as follows and shall contain such other
facts and statements as the particular agency shall require.
FINAL AND IRREVOCABLE SURRENDER
FOR PURPOSES OF ADOPTION
    I, .... (relationship, e.g., mother, father, relative,
guardian) of ...., a ..male child, state:
    That such child was born on ...., at .....
    That I reside at ...., County of ...., and State of .....
    That I am of the age of .... years.
    That I do hereby surrender and entrust the entire custody
and control of such child to the .... (the "Agency"), a
(public) (licensed) child welfare agency with its principal
office in the City of ...., County of .... and State of ....,
for the purpose of enabling it to care for and supervise the
care of such child, to place such child for adoption and to
consent to the legal adoption of such child.
    That I hereby grant to the Agency full power and authority
to place such child with any person or persons it may in its
sole discretion select to become the adopting parent or parents
and to consent to the legal adoption of such child by such
person or persons; and to take any and all measures which, in
the judgment of the Agency, may be for the best interests of
such child, including authorizing medical, surgical and dental
care and treatment including inoculation and anaesthesia for
such child.
    That I wish to and understand that by signing this
surrender I do irrevocably and permanently give up all custody
and other parental rights I have to such child.
    That I understand I cannot under any circumstances, after
signing this surrender, change my mind and revoke or cancel
this surrender or obtain or recover custody or any other rights
over such child.
    That I have read and understand the above and I am signing
it as my free and voluntary act.
    Dated (insert date).
........................
    D. The form of surrender to an agency given by a parent of
an unborn child who is to be subsequently placed for adoption
shall be substantially as follows and shall contain such other
facts and statements as the particular agency shall require.
SURRENDER OF UNBORN CHILD FOR
PURPOSES OF ADOPTION
    I, .... (father), state:
    That I am the father of a child expected to be born on or
about .... to .... (name of mother).
    That I reside at ...., County of ...., and State of .....
    That I am of the age of .... years.
    That I do hereby surrender and entrust the entire custody
and control of such child to the .... (the "Agency"), a
(public) (licensed) child welfare agency with its principal
office in the City of ...., County of .... and State of ....,
for the purpose of enabling it to care for and supervise the
care of such child, to place such child for adoption and to
consent to the legal adoption of such child, and that I have
not previously executed a consent or surrender with respect to
such child.
    That I hereby grant to the Agency full power and authority
to place such child with any person or persons it may in its
sole discretion select to become the adopting parent or parents
and to consent to the legal adoption of such child by such
person or persons; and to take any and all measures which, in
the judgment of the Agency, may be for the best interests of
such child, including authorizing medical, surgical and dental
care and treatment, including inoculation and anaesthesia for
such child.
    That I wish to and understand that by signing this
surrender I do irrevocably and permanently give up all custody
and other parental rights I have to such child.
    That I understand I cannot under any circumstances, after
signing this surrender, change my mind and revoke or cancel
this surrender or obtain or recover custody or any other rights
over such child, except that I have the right to revoke this
surrender by giving written notice of my revocation not later
than 72 hours after the birth of such child.
    That I have read and understand the above and I am signing
it as my free and voluntary act.
    Dated (insert date).
........................
    E. The form of consent required from the parents for the
adoption of an adult, when such adult elects to obtain such
consent, shall be substantially as follows:
CONSENT
    I, ...., (father) (mother) of ...., an adult, state:
    That I reside at ...., County of .... and State of .....
    That I do hereby consent and agree to the adoption of such
adult by .... and .....
    Dated (insert date).
.........................
    F. The form of consent required for the adoption of a child
of the age of 14 years or upwards, or of an adult, to be given
by such person, shall be substantially as follows:
CONSENT
    I, ...., state:
    That I reside at ...., County of .... and State of .....
That I am of the age of .... years. That I consent and agree to
my adoption by .... and .....
    Dated (insert date).
........................
    G. The form of consent given by an agency to the adoption
by specified persons of a child previously surrendered to it
shall set forth that the agency has the authority to execute
such consent. The form of consent given by a guardian of the
person of a child sought to be adopted, appointed by a court of
competent jurisdiction, shall set forth the facts of such
appointment and the authority of the guardian to execute such
consent.
    H. A consent (other than that given by an agency, or
guardian of the person of the child sought to be adopted who
was appointed by a court of competent jurisdiction) shall be
acknowledged by a parent before a the presiding judge of a the
court of competent jurisdiction in which the petition for
adoption has been, or is to be filed or before any other judge
or hearing officer designated or subsequently approved by the
court, or the circuit clerk if so authorized by the presiding
judge or, except as otherwise provided in this Act, before a
representative of an the Department of Children and Family
Services or a licensed child welfare agency, or before a
person, other than the attorney for the prospective adoptive
parent or parents, designated by social service personnel under
the jurisdiction of a court of competent jurisdiction, or
before social service personnel of the Cook County Department
of Supportive Services designated by the presiding judge.
    I. A surrender, or any other document equivalent to a
surrender, by which a child is surrendered to an agency shall
be acknowledged by the person signing such surrender, or other
document, before a judge of a court of competent jurisdiction
or hearing officer or the clerk of any court of record, either
in this State or any other state of the United States, or,
except as otherwise provided in this Act, before a
representative of an agency, or before a any other person
designated or approved by a the presiding judge of the court of
competent jurisdiction in which the petition for adoption has
been, or is to be, filed.
    J. The form of the certificate of acknowledgment for a
consent, a surrender, or any other document equivalent to a
surrender, shall be substantially as follows:
STATE OF ....)
             ) SS.
COUNTY OF ...)
    I, .... (Name of judge or other person), .... (official
title, name and location of court or status or position of
other person), certify that ...., personally known to me to be
the same person whose name is subscribed to the foregoing
(consent) (surrender), appeared before me this day in person
and acknowledged that (she) (he) signed and delivered such
(consent) (surrender) as (her) (his) free and voluntary act,
for the specified purpose.
    I have fully explained that by signing such (consent)
(surrender) (she) (he) is irrevocably relinquishing all
parental rights to such child or adult and (she) (he) has
stated that such is (her) (his) intention and desire.
    Dated (insert date).
    Signature ...............
    K. When the execution of a consent or a surrender is
acknowledged before someone other than a judge or the clerk of
a court of record, such other person shall have his or her
signature on the certificate acknowledged before a notary
public, in form substantially as follows:
STATE OF ....)
             ) SS.
COUNTY OF ...)
    I, a Notary Public, in and for the County of ......, in the
State of ......, certify that ...., personally known to me to
be the same person whose name is subscribed to the foregoing
certificate of acknowledgment, appeared before me in person and
acknowledged that (she) (he) signed such certificate as (her)
(his) free and voluntary act and that the statements made in
the certificate are true.
    Dated (insert date).
    
Signature ...................... Notary Public
(official seal)

 
    There shall be attached a certificate of magistracy, or
other comparable proof of office of the notary public
satisfactory to the court, to a consent signed and acknowledged
in another state.
    L. A surrender or consent executed and acknowledged outside
of this State, either in accordance with the law of this State
or in accordance with the law of the place where executed, is
valid.
    M. Where a consent or a surrender is signed in a foreign
country, the execution of such consent shall be acknowledged or
affirmed in a manner conformable to the law and procedure of
such country.
    N. If the person signing a consent or surrender is in the
military service of the United States, the execution of such
consent or surrender may be acknowledged before a commissioned
officer and the signature of such officer on such certificate
shall be verified or acknowledged before a notary public or by
such other procedure as is then in effect for such division or
branch of the armed forces.
    O. (1) The parent or parents of a child in whose interests
a petition under Section 2-13 of the Juvenile Court Act of 1987
is pending may, with the approval of the designated
representative of the Department of Children and Family
Services, execute a consent to adoption by a specified person
or persons:
        (a) in whose physical custody the child has resided for
    at least 6 months; or
        (b) in whose physical custody at least one sibling of
    the child who is the subject of this consent has resided
    for at least 6 months, and the child who is the subject of
    this consent is currently residing in this foster home; or
        (c) in whose physical custody a child under one year of
    age has resided for at least 3 months.
A consent under this subsection O shall be acknowledged by a
parent pursuant to subsection H and subsection K of this
Section.
    (2) The consent to adoption by a specified person or
persons shall have the caption of the proceeding in which it is
to be filed and shall be substantially as follows:
FINAL AND IRREVOCABLE CONSENT TO ADOPTION BY
A SPECIFIED PERSON OR PERSONS
    I, ......................................, the
.................. (mother or father) of a ....male child,
state:
        1. My child ............................ (name of
    child) was born on (insert date) at ....................
    Hospital in ................ County, State of
    ...............
        2. I reside at ......................, County of
    ............. and State of ..............
        3. I, ..........................., am .... years old.
        4. I enter my appearance in this action to adopt my
    child by the person or persons specified herein by me and
    waive service of summons on me in this action only.
        5. I consent to the adoption of my child by
    ............................. (specified person or
    persons) only.
        6. I wish to sign this consent and I understand that by
    signing this consent I irrevocably and permanently give up
    all parental rights I have to my child if my child is
    adopted by ............................. (specified person
    or persons).
        7. I understand my child will be adopted by
    ............................. (specified person or
    persons) only and that I cannot under any circumstances,
    after signing this document, change my mind and revoke or
    cancel this consent or obtain or recover custody or any
    other rights over my child if ............................
    (specified person or persons) adopt my child.
        8. I understand that this consent to adoption is valid
    only if the petition to adopt is filed within one year from
    the date that I sign it and that if .......................
    (specified person or persons), for any reason, cannot or
    will not file a petition to adopt my child within that one
    year period or if their adoption petition is denied, then
    this consent will be voidable after one year upon the
    timely filing of my motion. If I file this motion before
    the filing of the petition for adoption, I understand that
    the court shall revoke this specific consent. I have the
    right to notice of any other proceeding that could affect
    my parental rights, except for the proceeding for
    ............. (specified person or persons) to adopt my
    child.
        9. I have read and understand the above and I am
    signing it as my free and voluntary act.
        Dated (insert date).
        .............................................
        Signature of parent
    (3) If the parent consents to an adoption by 2 specified
persons, then the form shall contain 2 additional paragraphs in
substantially the following form:
        10. If ............... (specified persons) get a
    divorce before the petition to adopt my child is granted,
    then .......... (specified person) shall adopt my child. I
    understand that I cannot change my mind and revoke this
    consent or obtain or recover custody over my child if
    ............. (specified persons) divorce and
    ............. (specified person) adopts my child. I
    understand that I cannot change my mind and revoke this
    consent or obtain or recover custody over my child if
    ................. (specified persons) divorce after the
    adoption is final. I understand that this consent to
    adoption has no effect on who will get custody of my child
    if they divorce after the adoption is final.
        11. I understand that if either ...............
    (specified persons) dies before the petition to adopt my
    child is granted, then the surviving person can adopt my
    child. I understand that I cannot change my mind and revoke
    this consent or obtain or recover custody over my child if
    the surviving person adopts my child.
    A consent to adoption by specified persons on this form
shall have no effect on a court's determination of custody or
visitation under the Illinois Marriage and Dissolution of
Marriage Act if the marriage of the specified persons is
dissolved after the adoption is final.
    (4) The form of the certificate of acknowledgement for a
Final and Irrevocable Consent for Adoption by a Specified
Person or Persons shall be substantially as follows:
 
STATE OF..............)
                      ) SS.
COUNTY OF.............)
 
    I, .................... (Name of Judge or other person),
..................... (official title, name, and address),
certify that ............., personally known to me to be the
same person whose name is subscribed to the foregoing Final and
Irrevocable Consent for Adoption by a Specified Person or
Persons, appeared before me this day in person and acknowledged
that (she)(he) signed and delivered the consent as (her)(his)
free and voluntary act, for the specified purpose.
    I have fully explained that this consent to adoption is
valid only if the petition to adopt is filed within one year
from the date that it is signed, and that if the specified
person or persons, for any reason, cannot or will not adopt the
child or if the adoption petition is denied, then this consent
will be voidable after one year upon the timely filing of a
motion by the parent to revoke the consent. I explained that if
this motion is filed before the filing of the petition for
adoption, the court shall revoke this specific consent. I have
fully explained that if the specified person or persons adopt
the child, by signing this consent this parent is irrevocably
and permanently relinquishing all parental rights to the child,
and this parent has stated that such is (her)(his) intention
and desire.
    Dated (insert date).
    ...............................
    Signature
    (5) If a consent to adoption by a specified person or
persons is executed in this form, the following provisions
shall apply. The consent shall be valid only if that specified
person or persons adopt the child. The consent shall be
voidable after one year if:
        (a) the specified person or persons do not file a
    petition to adopt the child within one year after the
    consent is signed and the parent files a timely motion to
    revoke this consent. If this motion is filed before the
    filing of the petition for adoption the court shall revoke
    this consent; or
        (b) a court denies the adoption petition; or
        (c) the Department of Children and Family Services
    Guardianship Administrator determines that the specified
    person or persons will not or cannot complete the adoption,
    or in the best interests of the child should not adopt the
    child.
    Within 30 days of the consent becoming void, the Department
of Children and Family Services Guardianship Administrator
shall make good faith attempts to notify the parent in writing
and shall give written notice to the court and all additional
parties in writing that the adoption has not occurred or will
not occur and that the consent is void. If the adoption by a
specified person or persons does not occur, no proceeding for
termination of parental rights shall be brought unless the
biological parent who executed the consent to adoption by a
specified person or persons has been notified of the proceeding
pursuant to Section 7 of this Act or subsection (4) of Section
2-13 of the Juvenile Court Act of 1987. The parent shall not
need to take further action to revoke the consent if the
specified adoption does not occur, notwithstanding the
provisions of Section 11 of this Act.
    (6) The Department of Children and Family Services is
authorized to promulgate rules necessary to implement this
subsection O.
    (7) The Department shall collect and maintain data
concerning the efficacy of specific consents. This data shall
include the number of specific consents executed and their
outcomes, including but not limited to the number of children
adopted pursuant to the consents, the number of children for
whom adoptions are not completed, and the reason or reasons why
the adoptions are not completed.
    P. If the person signing a consent is incarcerated or
detained in a correctional facility, prison, jail, detention
center, or other comparable institution, either in this State
or any other jurisdiction, the execution of such consent may be
acknowledged before social service personnel of such
institution, or before a person designated by a court of
competent jurisdiction.
    Q. A consent may be acknowledged telephonically, via
audiovisual connection, or other electronic means, provided
that a court of competent jurisdiction has entered an order
approving the execution of the consent in such manner and has
designated an individual to be physically present with the
parent executing such consent in order to verify the identity
of the parent.
    R. An agency whose representative is acknowledging a
consent pursuant to this Section shall be a public child
welfare agency, or a child welfare agency, or a child placing
agency that is authorized or licensed in the State or
jurisdiction in which the consent is signed.
(Source: P.A. 92-320, eff. 1-1-02; 93-732, eff. 1-1-05.)
 
    (750 ILCS 50/14.5 new)
    Sec. 14.5. Petition to adopt by former parent.
    (a) For purposes of this Section, the term "former parent"
means a person whose rights were terminated as described in
paragraph (1) or (2). A petition to adopt by a former parent
may be filed regarding any minor who was a ward of the court
under Article II of the Juvenile Court Act of 1987 when:
        (1) while the minor was under the jurisdiction of the
    court under Article II of the Juvenile Court Act of 1987,
    the minor's former parent or former parents surrendered the
    minor for adoption to an agency legally authorized to place
    children for adoption, or the minor's former parent or
    former parents consented to the minor's adoption, or the
    former parent's or former parents' rights were terminated
    pursuant to a finding of unfitness pursuant to Section 2-29
    of the Juvenile Court Act of 1987 and a guardian was
    appointed with the power to consent to adoption pursuant to
    Section 2-29 of the Juvenile Court Act of 1987; or
        (2) following the appointment of a guardian with the
    right to consent to the adoption of the minor pursuant to
    Section 2-29 of the Juvenile Court Act of 1987, the former
    parent's or former parents' rights were terminated
    pursuant to a finding of unfitness pursuant to paragraph
    (d) of subsection B of Section 13; and
        (3) (i) since the signing of the surrender or consent,
    or the unfitness finding, the minor remained a ward of the
    court and was subsequently adopted by an individual or
    individuals who, at the time of the adoption, were
    biologically related to the minor as defined in subsection
    B of Section 1 and (ii) either the adoptive parent has died
    (or both adoptive parents have died in the case of 2
    adoptive parents) and no standby guardian or standby
    adoptive parent has been appointed for the minor, and no
    guardian has been appointed by the adoptive parent for the
    minor through a will; or due to a mental or physical
    impairment the adoptive parent is no longer able to provide
    care for the minor and the adoptive parent has consented in
    open court, or by such means as is approved by the court,
    to the adoption of the minor by the petitioner; and
        (4) the former parent named in the petition wishes to
    adopt the minor and meets the criteria established in this
    Section to adopt; and
        (5) it is in the best interests of the minor to have
    the petitioner adopt and have parental rights reinstated.
    (b) The petition may be filed by any party or by the former
parent now seeking to adopt the minor.
    (c) Where a former parent seeks to have a court order for
adoption, the following procedures shall apply:
        (1) In addition to the requirements set out in this Act
    in Section 5, a petition by a former parent to adopt filed
    by a former parent shall include the following allegations:
            (A) that his or her parental rights were previously
        terminated pursuant to Section 2-29 of the Juvenile
        Court Act of 1987;
            (B) the basis upon which his or her parental rights
        were terminated;
            (C) that the petitioner is able and willing to
        resume care, custody, and control of the minor;
            (D) that the adoptive parent of the minor is
        deceased and no standby guardian or standby adoptive
        parent has been appointed for the minor, and no
        guardian has been appointed by the adoptive parent for
        the minor through a will; or the adoptive parent is no
        longer able to provide care for the minor due to a
        mental or physical impairment and has consented to the
        petitioner's adoption of the minor in open court or by
        such means as is approved by the court; and
            (E) that it is in the best interests of the minor
        to be adopted by the petitioner and for the
        petitioner's parental rights to be reinstated.
        (2) A former parent shall not have standing to file a
    petition for adoption, where the minor is the subject of a
    pending petition filed under Article II of the Juvenile
    Court Act of 1987. If the minor named in the petition for
    adoption is not the subject of a pending petition filed
    under Article II of the Juvenile Court Act of 1987, a
    former parent shall have standing to file a petition for
    adoption only if: the adoptive parent is deceased and no
    standby guardian or standby adoptive parent has been
    appointed for the minor, and no guardian has been appointed
    by the adoptive parent for the minor through a will; or the
    adoptive parent is no longer able to provide care for the
    minor due to a mental or physical impairment and has
    consented to such adoption in open court or by such means
    as is approved by the court.
    (d) Interim order. Following presentment of a petition for
adoption by a former parent concerning a child who was
previously named in a petition filed under Article II of the
Juvenile Court Act of 1987 the following procedures and
safeguards shall be employed, in addition to the applicable
requirements set out in this Act, and shall be included in the
written interim order for the adoption by a former parent:
        (1) In determining the minor's best interests pursuant
    to Section 2-29 of the Juvenile Court Act of 1987 and this
    Act, the Court shall consider, in addition to the factors
    set forth in subsection 4.05 of Section 1-3 of the Juvenile
    Court Act of 1987, the reasons why the case was initially
    brought to the attention of the juvenile court and adoption
    proceedings were instituted, the history of the case as it
    relates to the former parent seeking adoption, and the
    current circumstances of the former parent for whom
    adoption is sought.
        (2) In any case involving a child who meets these
    criteria for adoption by a former parent, the Department of
    Children and Family Services shall be appointed as the
    investigator as outlined in Section 6 to conduct an
    investigation and report to the court (i) the facts and
    circumstances which raised concerns as to the petitioner's
    ability and willingness to provide adequate care and
    protection to children in his or her custody, (ii) an
    assessment of the petitioner's current ability and
    willingness to provide adequate care and protection for the
    child named in the petition, and (iii) any information
    which might reasonably raise a concern as to the child's
    safety, well being, or best interests should the court
    grant the petition to adopt by the former parent.
        (3) In selecting the minor's guardian ad litem,
    pursuant to subsection B of Section 13, whenever practical,
    the court shall give preference to the guardian ad litem
    who represented the minor in the juvenile court proceeding.
    The guardian ad litem shall have the right to review and
    copy all records, including juvenile court records
    relating to the petitioner, the minor, and the minor's
    siblings and half siblings.
        (4) The report of the investigator and the guardian ad
    litem shall be presented in writing to the court and shall
    serve as a basis for the order of court upon the petition
    for adoption by a former parent.
    (e) Order of adoption.
        (1) If it is proved to the satisfaction of the court
    that the adoption will be in the best interests of the
    minor, after such investigation as the court deems
    necessary, an order of adoption shall be entered.
        (2) An order of adoption shall be final as to all
    findings and shall be entered in writing.
        (3) Upon the entry of an order granting a petition to
    adopt by a former parent, all parental rights of the former
    parent named in the order shall be reinstated and the
    physical care, custody and control of the minor shall be
    reinstated to the former parent.
        (4) The order of adoption shall include an order to the
    Illinois Department of Public Health to issue a new birth
    certificate for the person who is the subject of the
    petition for adoption by a former parent.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/21/2009