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FAMILIES
(750 ILCS 50/)
Adoption Act.
(750 ILCS 50/0.01) (from Ch. 40, par. 1500)
Sec. 0.01. Short title. This Act may be cited as the Adoption Act.
(Source: P.A. 86-1324.)
(750 ILCS 50/1) (from Ch. 40, par. 1501)
(Text of Section from P.A. 94-229)
Sec. 1. Definitions. When used in this Act, unless the context otherwise requires:
A. "Child" means a person under legal age subject to adoption under this Act.
B. "Related child" means a child subject to adoption where either or both of the adopting parents stands in any of the following relationships
to the child by blood or marriage: parent, grand-parent, brother, sister, step-parent, step-grandparent, step-brother, step-sister, uncle, aunt, great-uncle,
great-aunt, or cousin of first degree. A child whose parent has executed a final irrevocable consent to adoption or a final irrevocable surrender for purposes
of adoption, or whose parent has had his or her parental rights terminated, is not a related child to that person, unless the consent is determined to be
void or is void pursuant to subsection O of Section 10.
C. "Agency" for the purpose of this Act means a public child welfare agency or a licensed child welfare agency.
D. "Unfit person" means any person whom the court shall find to be unfit to have a child, without regard to the likelihood that the child will
be placed for adoption. The grounds of unfitness are any one or more of the following, except that a person shall not be considered an unfit person for
the sole reason that the person has relinquished a child in accordance with the Abandoned Newborn Infant Protection Act:
(a) Abandonment of the child.
(a-1) Abandonment of a newborn infant in a hospital.
(a-2) Abandonment of a newborn infant in any setting
where the evidence suggests that the parent intended to relinquish his or her parental rights.
(b) Failure to maintain a reasonable degree of
interest, concern or responsibility as to the child's welfare.
(c) Desertion of the child for more than 3 months
next preceding the commencement of the Adoption proceeding.
(d) Substantial neglect of the child if continuous
or repeated.
(d-1) Substantial neglect, if continuous or
repeated, of any child residing in the household which resulted in the death of that child.
(e) Extreme or repeated cruelty to the child.
(f) Two or more findings of physical abuse to any
children under Section 4-8 of the Juvenile Court Act or Section 2-21 of the Juvenile Court Act of 1987, the most recent of which was determined by the juvenile
court hearing the matter to be supported by clear and convincing evidence; a criminal conviction or a finding of not guilty by reason of insanity resulting
from the death of any child by physical child abuse; or a finding of physical child abuse resulting from the death of any child under Section 4-8 of the
Juvenile Court Act or Section 2-21 of the Juvenile Court Act of 1987.
(g) Failure to protect the child from conditions
within his environment injurious to the child's welfare.
(h) Other neglect of, or misconduct toward the
child; provided that in making a finding of unfitness the court hearing the adoption proceeding shall not be bound by any previous finding, order or judgment
affecting or determining the rights of the parents toward the child sought to be adopted in any other proceeding except such proceedings terminating parental
rights as shall be had under either this Act, the Juvenile Court Act or the Juvenile Court Act of 1987.
(i) Depravity. Conviction of any one of the
following crimes shall create a presumption that a parent is depraved which can be overcome only by clear and convincing evidence: (1) first degree murder
in violation of paragraph 1 or 2 of subsection (a) of Section 9-1 of the Criminal Code of 1961 or conviction of second degree murder in violation of subsection
(a) of Section 9-2 of the Criminal Code of 1961 of a parent of the child to be adopted; (2) first degree murder or second degree murder of any child in
violation of the Criminal Code of 1961; (3) attempt or conspiracy to commit first degree murder or second degree murder of any child in violation of the
Criminal Code of 1961; (4) solicitation to commit murder of any child, solicitation to commit murder of any child for hire, or solicitation to commit second
degree murder of any child in violation of the Criminal Code of 1961; or (5) aggravated criminal sexual assault in violation of Section 12-14(b)(1) of the
Criminal Code of 1961.
There is a rebuttable presumption that a parent is
depraved if the parent has been criminally convicted of at least 3 felonies under the laws of this State or any other state, or under federal law, or the
criminal laws of any United States territory; and at least one of these convictions took place within 5 years of the filing of the petition or motion seeking
termination of parental rights.
There is a rebuttable presumption that a parent is
depraved if that parent has been criminally convicted of either first or second degree murder of any person as defined in the Criminal Code of 1961 within
10 years of the filing date of the petition or motion to terminate parental rights.
(j) Open and notorious adultery or fornication.
(j-1) (Blank).
(k) Habitual drunkenness or addiction to drugs,
other than those prescribed by a physician, for at least one year immediately prior to the commencement of the unfitness proceeding.
There is a rebuttable presumption that a parent is
unfit under this subsection with respect to any child to which that parent gives birth where there is a confirmed test result that at birth the child's
blood, urine, or meconium contained any amount of a controlled substance as defined in subsection (f) of Section 102 of the Illinois Controlled Substances
Act or metabolites of such substances, the presence of which in the newborn infant was not the result of medical treatment administered to the mother or
the newborn infant; and the biological mother of this child is the biological mother of at least one other child who was adjudicated a neglected minor under
subsection (c) of Section 2-3 of the Juvenile Court Act of 1987.
(l) Failure to demonstrate a reasonable degree of
interest, concern or responsibility as to the welfare of a new born child during the first 30 days after its birth.
(m) Failure by a parent (i) to make reasonable
efforts to correct the conditions that were the basis for the removal of the child from the parent, or (ii) to make reasonable progress toward the return
of the child to the parent within 9 months after an adjudication of neglected or abused minor under Section 2-3 of the Juvenile Court Act of 1987 or dependent
minor under Section 2-4 of that Act, or (iii) to make reasonable progress toward the return of the child to the parent during any 9-month period after the
end of the initial 9-month period following the adjudication of neglected or abused minor under Section 2-3 of the Juvenile Court Act of 1987 or dependent
minor under Section 2-4 of that Act. If a service plan has been established as required under Section 8.2 of the Abused and Neglected Child Reporting Act
to correct the conditions that were the basis for the removal of the child from the parent and if those services were available, then, for purposes of this
Act, "failure to make reasonable progress toward the return of the child to the parent" includes (I) the parent's failure to substantially fulfill
his or her obligations under the service plan and correct the conditions that brought the child into care within 9 months after the adjudication under Section
2-3 or 2-4 of the Juvenile Court Act of 1987 and (II) the parent's failure to substantially fulfill his or her obligations under the service plan and correct
the conditions that brought the child into care during any 9-month period after the end of the initial 9-month period following the adjudication under Section
2-3 or 2-4 of the Juvenile Court Act of 1987.
(m-1) Pursuant to the Juvenile Court Act of 1987, a
child has been in foster care for 15 months out of any 22 month period which begins on or after the effective date of this amendatory Act of 1998 unless
the child's parent can prove by a preponderance of the evidence that it is more likely than not that it will be in the best interests of the child to be
returned to the parent within 6 months of the date on which a petition for termination of parental rights is filed under the Juvenile Court Act of 1987.
The 15 month time limit is tolled during any period for which there is a court finding that the appointed custodian or guardian failed to make reasonable
efforts to reunify the child with his or her family, provided that (i) the finding of no reasonable efforts is made within 60 days of the period when reasonable
efforts were not made or (ii) the parent filed a motion requesting a finding of no reasonable efforts within 60 days of the period when reasonable efforts
were not made. For purposes of this subdivision (m-1), the date of entering foster care is the earlier of: (i) the date of a judicial finding at an adjudicatory
hearing that the child is an abused, neglected, or dependent minor; or (ii) 60 days after the date on which the child is removed from his or her parent,
guardian, or legal custodian.
(n) Evidence of intent to forgo his or her parental
rights, whether or not the child is a ward of the court, (1) as manifested by his or her failure for a period of 12 months: (i) to visit the child, (ii)
to communicate with the child or agency, although able to do so and not prevented from doing so by an agency or by court order, or (iii) to maintain contact
with or plan for the future of the child, although physically able to do so, or (2) as manifested by the father's failure, where he and the mother of the
child were unmarried to each other at the time of the child's birth, (i) to commence legal proceedings to establish his paternity under the Illinois Parentage
Act of 1984 or the law of the jurisdiction of the child's birth within 30 days of being informed, pursuant to Section 12a of this Act, that he is the father
or the likely father of the child or, after being so informed where the child is not yet born, within 30 days of the child's birth, or (ii) to make a good
faith effort to pay a reasonable amount of the expenses related to the birth of the child and to provide a reasonable amount for the financial support of
the child, the court to consider in its determination all relevant circumstances, including the financial condition of both parents; provided that the ground
for termination provided in this subparagraph (n)(2)(ii) shall only be available where the petition is brought by the mother or the husband of the mother.
Contact or communication by a parent with his or her
child that does not demonstrate affection and concern does not constitute reasonable contact and planning under subdivision (n). In the absence of evidence
to the contrary, the ability to visit, communicate, maintain contact, pay expenses and plan for the future shall be presumed. The subjective intent of the
parent, whether expressed or otherwise, unsupported by evidence of the foregoing parental acts manifesting that intent, shall not preclude a determination
that the parent has intended to forgo his or her parental rights. In making this determination, the court may consider but shall not require a showing of
diligent efforts by an authorized agency to encourage the parent to perform the acts specified in subdivision (n).
It shall be an affirmative defense to any allegation
under paragraph (2) of this subsection that the father's failure was due to circumstances beyond his control or to impediments created by the mother or
any other person having legal custody. Proof of that fact need only be by a preponderance of the evidence.
(o) Repeated or continuous failure by the parents,
although physically and financially able, to provide the child with adequate food, clothing, or shelter.
(p) Inability to discharge parental responsibilities
supported by competent evidence from a psychiatrist, licensed clinical social worker, or clinical psychologist of mental impairment, mental illness or mental
retardation as defined in Section 1-116 of the Mental Health and Developmental Disabilities Code, or developmental disability as defined in Section 1-106
of that Code, and there is sufficient justification to believe that the inability to discharge parental responsibilities shall extend beyond a reasonable
time period. However, this subdivision (p) shall not be construed so as to permit a licensed clinical social worker to conduct any medical diagnosis to
determine mental illness or mental impairment.
(q) The parent has been criminally convicted of
aggravated battery, heinous battery, or attempted murder of any child.
(r) The child is in the temporary custody or
guardianship of the Department of Children and Family Services, the parent is incarcerated as a result of criminal conviction at the time the petition or
motion for termination of parental rights is filed, prior to incarceration the parent had little or no contact with the child or provided little or no support
for the child, and the parent's incarceration will prevent the parent from discharging his or her parental responsibilities for the child for a period in
excess of 2 years after the filing of the petition or motion for termination of parental rights.
(s) The child is in the temporary custody or
guardianship of the Department of Children and Family Services, the parent is incarcerated at the time the petition or motion for termination of parental
rights is filed, the parent has been repeatedly incarcerated as a result of criminal convictions, and the parent's repeated incarceration has prevented
the parent from discharging his or her parental responsibilities for the child.
(t) A finding that at birth the child's blood,
urine, or meconium contained any amount of a controlled substance as defined in subsection (f) of Section 102 of the Illinois Controlled Substances Act,
or a metabolite of a controlled substance, with the exception of controlled substances or metabolites of such substances, the presence of which in the newborn
infant was the result of medical treatment administered to the mother or the newborn infant, and that the biological mother of this child is the biological
mother of at least one other child who was adjudicated a neglected minor under subsection (c) of Section 2-3 of the Juvenile Court Act of 1987, after which
the biological mother had the opportunity to enroll in and participate in a clinically appropriate substance abuse counseling, treatment, and rehabilitation
program.
E. "Parent" means the father or mother of a lawful child of the parties or child born out of wedlock. For the purpose of this Act, a person who
has executed a final and irrevocable consent to adoption or a final and irrevocable surrender for purposes of adoption, or whose parental rights have been
terminated by a court, is not a parent of the child who was the subject of the consent or surrender, unless the consent is void pursuant to subsection O
of Section 10.
F. A person is available for adoption when the person is:
(a) a child who has been surrendered for adoption to
an agency and to whose adoption the agency has thereafter consented;
(b) a child to whose adoption a person authorized by
law, other than his parents, has consented, or to whose adoption no consent is required pursuant to Section 8 of this Act;
(c) a child who is in the custody of persons who
intend to adopt him through placement made by his parents;
(c-1) a child for whom a parent has signed a
specific consent pursuant to subsection O of Section 10;
(d) an adult who meets the conditions set forth in
Section 3 of this Act; or
(e) a child who has been relinquished as defined in
Section 10 of the Abandoned Newborn Infant Protection Act.
A person who would otherwise be available for adoption shall not be deemed unavailable for adoption solely by reason of his or her death.
G. The singular includes the plural and the plural includes the singular and the "male" includes the "female", as the context of this
Act may require.
H. "Adoption disruption" occurs when an adoptive placement does not prove successful and it becomes necessary for the child to be removed from
placement before the adoption is finalized.
I. "Foreign placing agency" is an agency or individual operating in a country or territory outside the United States that is authorized by its
country to place children for adoption either directly with families in the United States or through United States based international agencies.
J. "Immediate relatives" means the biological parents, the parents of the biological parents and siblings of the biological parents.
K. "Intercountry adoption" is a process by which a child from a country other than the United States is adopted.
L. "Intercountry Adoption Coordinator" is a staff person of the Department of Children and Family Services appointed by the Director to coordinate
the provision of services by the public and private sector to prospective parents of foreign-born children.
M. "Interstate Compact on the Placement of Children" is a law enacted by most states for the purpose of establishing uniform procedures for handling
the interstate placement of children in foster homes, adoptive homes, or other child care facilities.
N. "Non-Compact state" means a state that has not enacted the Interstate Compact on the Placement of Children.
O. "Preadoption requirements" are any conditions established by the laws or regulations of the Federal Government or of each state that must be
met prior to the placement of a child in an adoptive home.
P. "Abused child" means a child whose parent or immediate family member, or any person responsible for the child's welfare, or any individual
residing in the same home as the child, or a paramour of the child's parent:
(a) inflicts, causes to be inflicted, or allows to
be inflicted upon the child physical injury, by other than accidental means, that causes death, disfigurement, impairment of physical or emotional health,
or loss or impairment of any bodily function;
(b) creates a substantial risk of physical injury to
the child by other than accidental means which would be likely to cause death, disfigurement, impairment of physical or emotional health, or loss or impairment
of any bodily function;
(c) commits or allows to be committed any sex
offense against the child, as sex offenses are defined in the Criminal Code of 1961 and extending those definitions of sex offenses to include children
under 18 years of age;
(d) commits or allows to be committed an act or acts
of torture upon the child; or
(e) inflicts excessive corporal punishment.
Q. "Neglected child" means any child whose parent or other person responsible for the child's welfare withholds or denies nourishment or medically
indicated treatment including food or care denied solely on the basis of the present or anticipated mental or physical impairment as determined by a physician
acting alone or in consultation with other physicians or otherwise does not provide the proper or necessary support, education as required by law, or medical
or other remedial care recognized under State law as necessary for a child's well-being, or other care necessary for his or her well-being, including adequate
food, clothing and shelter; or who is abandoned by his or her parents or other person responsible for the child's welfare.
A child shall not be considered neglected or abused for the sole reason that the child's parent or other person responsible for his or her welfare depends
upon spiritual means through prayer alone for the treatment or cure of disease or remedial care as provided under Section 4 of the Abused and Neglected
Child Reporting Act. A child shall not be considered neglected or abused for the sole reason that the child's parent or other person responsible for the
child's welfare failed to vaccinate, delayed vaccination, or refused vaccination for the child due to a waiver on religious or medical grounds as permitted
by law.
R. "Putative father" means a man who may be a child's father, but who (1) is not married to the child's mother on or before the date that the
child was or is to be born and (2) has not established paternity of the child in a court proceeding before the filing of a petition for the adoption of
the child. The term includes a male who is less than 18 years of age. "Putative father" does not mean a man who is the child's father as a result
of criminal sexual abuse or assault as defined under Article 12 of the Criminal Code of 1961.
S. "Standby adoption" means an adoption in which a parent consents to custody and termination of parental rights to become effective upon the
occurrence of a future event, which is either the death of the parent or the request of the parent for the entry of a final judgment of adoption.
T. (Blank).
(Source: P.A. 93-732, eff. 1-1-05; 94-229, eff. 1-1-06.)
(Text of Section from P.A. 94-563)
Sec. 1. Definitions. When used in this Act, unless the context otherwise requires:
A. "Child" means a person under legal age subject to adoption under this Act.
B. "Related child" means a child subject to adoption where either or both of the adopting parents stands in any of the following relationships
to the child by blood or marriage: parent, grand-parent, brother, sister, step-parent, step-grandparent, step-brother, step-sister, uncle, aunt, great-uncle,
great-aunt, or cousin of first degree. A child whose parent has executed a final irrevocable consent to adoption or a final irrevocable surrender for purposes
of adoption, or whose parent has had his or her parental rights terminated, is not a related child to that person, unless the consent is determined to be
void or is void pursuant to subsection O of Section 10.
C. "Agency" for the purpose of this Act means a public child welfare agency or a licensed child welfare agency.
D. "Unfit person" means any person whom the court shall find to be unfit to have a child, without regard to the likelihood that the child will
be placed for adoption. The grounds of unfitness are any one or more of the following, except that a person shall not be considered an unfit person for
the sole reason that the person has relinquished a child in accordance with the Abandoned Newborn Infant Protection Act:
(a) Abandonment of the child.
(a-1) Abandonment of a newborn infant in a hospital.
(a-2) Abandonment of a newborn infant in any setting
where the evidence suggests that the parent intended to relinquish his or her parental rights.
(b) Failure to maintain a reasonable degree of
interest, concern or responsibility as to the child's welfare.
(c) Desertion of the child for more than 3 months
next preceding the commencement of the Adoption proceeding.
(d) Substantial neglect of the child if continuous
or repeated.
(d-1) Substantial neglect, if continuous or
repeated, of any child residing in the household which resulted in the death of that child.
(e) Extreme or repeated cruelty to the child.
(f) Two or more findings of physical abuse to any
children under Section 4-8 of the Juvenile Court Act or Section 2-21 of the Juvenile Court Act of 1987, the most recent of which was determined by the juvenile
court hearing the matter to be supported by clear and convincing evidence; a criminal conviction or a finding of not guilty by reason of insanity resulting
from the death of any child by physical child abuse; or a finding of physical child abuse resulting from the death of any child under Section 4-8 of the
Juvenile Court Act or Section 2-21 of the Juvenile Court Act of 1987.
(g) Failure to protect the child from conditions
within his environment injurious to the child's welfare.
(h) Other neglect of, or misconduct toward the
child; provided that in making a finding of unfitness the court hearing the adoption proceeding shall not be bound by any previous finding, order or judgment
affecting or determining the rights of the parents toward the child sought to be adopted in any other proceeding except such proceedings terminating parental
rights as shall be had under either this Act, the Juvenile Court Act or the Juvenile Court Act of 1987.
(i) Depravity. Conviction of any one of the
following crimes shall create a presumption that a parent is depraved which can be overcome only by clear and convincing evidence: (1) first degree murder
in violation of paragraph 1 or 2 of subsection (a) of Section 9-1 of the Criminal Code of 1961 or conviction of second degree murder in violation of subsection
(a) of Section 9-2 of the Criminal Code of 1961 of a parent of the child to be adopted; (2) first degree murder or second degree murder of any child in
violation of the Criminal Code of 1961; (3) attempt or conspiracy to commit first degree murder or second degree murder of any child in violation of the
Criminal Code of 1961; (4) solicitation to commit murder of any child, solicitation to commit murder of any child for hire, or solicitation to commit second
degree murder of any child in violation of the Criminal Code of 1961; or (5) aggravated criminal sexual assault in violation of Section 12-14(b)(1) of the
Criminal Code of 1961.
There is a rebuttable presumption that a parent is
depraved if the parent has been criminally convicted of at least 3 felonies under the laws of this State or any other state, or under federal law, or the
criminal laws of any United States territory; and at least one of these convictions took place within 5 years of the filing of the petition or motion seeking
termination of parental rights.
There is a rebuttable presumption that a parent is
depraved if that parent has been criminally convicted of either first or second degree murder of any person as defined in the Criminal Code of 1961 within
10 years of the filing date of the petition or motion to terminate parental rights.
(j) Open and notorious adultery or fornication.
(j-1) (Blank).
(k) Habitual drunkenness or addiction to drugs,
other than those prescribed by a physician, for at least one year immediately prior to the commencement of the unfitness proceeding.
There is a rebuttable presumption that a parent is
unfit under this subsection with respect to any child to which that parent gives birth where there is a confirmed test result that at birth the child's
blood, urine, or meconium contained any amount of a controlled substance as defined in subsection (f) of Section 102 of the Illinois Controlled Substances
Act or metabolites of such substances, the presence of which in the newborn infant was not the result of medical treatment administered to the mother or
the newborn infant; and the biological mother of this child is the biological mother of at least one other child who was adjudicated a neglected minor under
subsection (c) of Section 2-3 of the Juvenile Court Act of 1987.
(l) Failure to demonstrate a reasonable degree of
interest, concern or responsibility as to the welfare of a new born child during the first 30 days after its birth.
(m) Failure by a parent (i) to make reasonable
efforts to correct the conditions that were the basis for the removal of the child from the parent, or (ii) to make reasonable progress toward the return
of the child to the parent within 9 months after an adjudication of neglected or abused minor under Section 2-3 of the Juvenile Court Act of 1987 or dependent
minor under Section 2-4 of that Act, or (iii) to make reasonable progress toward the return of the child to the parent during any 9-month period after the
end of the initial 9-month period following the adjudication of neglected or abused minor under Section 2-3 of the Juvenile Court Act of 1987 or dependent
minor under Section 2-4 of that Act. If a service plan has been established as required under Section 8.2 of the Abused and Neglected Child Reporting Act
to correct the conditions that were the basis for the removal of the child from the parent and if those services were available, then, for purposes of this
Act, "failure to make reasonable progress toward the return of the child to the parent" includes (I) the parent's failure to substantially fulfill
his or her obligations under the service plan and correct the conditions that brought the child into care within 9 months after the adjudication under Section
2-3 or 2-4 of the Juvenile Court Act of 1987 and (II) the parent's failure to substantially fulfill his or her obligations under the service plan and correct
the conditions that brought the child into care during any 9-month period after the end of the initial 9-month period following the adjudication under Section
2-3 or 2-4 of the Juvenile Court Act of 1987. Notwithstanding any other provision, when a petition or motion seeks to terminate parental rights on the basis
of item (iii) of this subsection (m), the petitioner shall file with the court and serve on the parties a pleading that specifies the 9-month period or
periods relied on. The pleading shall be filed and served on the parties no later than 3 weeks before the date set by the court for closure of discovery,
and the allegations in the pleading shall be treated as incorporated into the petition or motion. Failure of a respondent to file a written denial of the
allegations in the pleading shall not be treated as an admission that the allegations are true.
(m-1) Pursuant to the Juvenile Court Act of 1987, a
child has been in foster care for 15 months out of any 22 month period which begins on or after the effective date of this amendatory Act of 1998 unless
the child's parent can prove by a preponderance of the evidence that it is more likely than not that it will be in the best interests of the child to be
returned to the parent within 6 months of the date on which a petition for termination of parental rights is filed under the Juvenile Court Act of 1987.
The 15 month time limit is tolled during any period for which there is a court finding that the appointed custodian or guardian failed to make reasonable
efforts to reunify the child with his or her family, provided that (i) the finding of no reasonable efforts is made within 60 days of the period when reasonable
efforts were not made or (ii) the parent filed a motion requesting a finding of no reasonable efforts within 60 days of the period when reasonable efforts
were not made. For purposes of this subdivision (m-1), the date of entering foster care is the earlier of: (i) the date of a judicial finding at an adjudicatory
hearing that the child is an abused, neglected, or dependent minor; or (ii) 60 days after the date on which the child is removed from his or her parent,
guardian, or legal custodian.
(n) Evidence of intent to forgo his or her parental
rights, whether or not the child is a ward of the court, (1) as manifested by his or her failure for a period of 12 months: (i) to visit the child, (ii)
to communicate with the child or agency, although able to do so and not prevented from doing so by an agency or by court order, or (iii) to maintain contact
with or plan for the future of the child, although physically able to do so, or (2) as manifested by the father's failure, where he and the mother of the
child were unmarried to each other at the time of the child's birth, (i) to commence legal proceedings to establish his paternity under the Illinois Parentage
Act of 1984 or the law of the jurisdiction of the child's birth within 30 days of being informed, pursuant to Section 12a of this Act, that he is the father
or the likely father of the child or, after being so informed where the child is not yet born, within 30 days of the child's birth, or (ii) to make a good
faith effort to pay a reasonable amount of the expenses related to the birth of the child and to provide a reasonable amount for the financial support of
the child, the court to consider in its determination all relevant circumstances, including the financial condition of both parents; provided that the ground
for termination provided in this subparagraph (n)(2)(ii) shall only be available where the petition is brought by the mother or the husband of the mother.
Contact or communication by a parent with his or her
child that does not demonstrate affection and concern does not constitute reasonable contact and planning under subdivision (n). In the absence of evidence
to the contrary, the ability to visit, communicate, maintain contact, pay expenses and plan for the future shall be presumed. The subjective intent of the
parent, whether expressed or otherwise, unsupported by evidence of the foregoing parental acts manifesting that intent, shall not preclude a determination
that the parent has intended to forgo his or her parental rights. In making this determination, the court may consider but shall not require a showing of
diligent efforts by an authorized agency to encourage the parent to perform the acts specified in subdivision (n).
It shall be an affirmative defense to any allegation
under paragraph (2) of this subsection that the father's failure was due to circumstances beyond his control or to impediments created by the mother or
any other person having legal custody. Proof of that fact need only be by a preponderance of the evidence.
(o) Repeated or continuous failure by the parents,
although physically and financially able, to provide the child with adequate food, clothing, or shelter.
(p) Inability to discharge parental responsibilities
supported by competent evidence from a psychiatrist, licensed clinical social worker, or clinical psychologist of mental impairment, mental illness or mental
retardation as defined in Section 1-116 of the Mental Health and Developmental Disabilities Code, or developmental disability as defined in Section 1-106
of that Code, and there is sufficient justification to believe that the inability to discharge parental responsibilities shall extend beyond a reasonable
time period. However, this subdivision (p) shall not be construed so as to permit a licensed clinical social worker to conduct any medical diagnosis to
determine mental illness or mental impairment.
(q) The parent has been criminally convicted of
aggravated battery, heinous battery, or attempted murder of any child.
(r) The child is in the temporary custody or
guardianship of the Department of Children and Family Services, the parent is incarcerated as a result of criminal conviction at the time the petition or
motion for termination of parental rights is filed, prior to incarceration the parent had little or no contact with the child or provided little or no support
for the child, and the parent's incarceration will prevent the parent from discharging his or her parental responsibilities for the child for a period in
excess of 2 years after the filing of the petition or motion for termination of parental rights.
(s) The child is in the temporary custody or
guardianship of the Department of Children and Family Services, the parent is incarcerated at the time the petition or motion for termination of parental
rights is filed, the parent has been repeatedly incarcerated as a result of criminal convictions, and the parent's repeated incarceration has prevented
the parent from discharging his or her parental responsibilities for the child.
(t) A finding that at birth the child's blood,
urine, or meconium contained any amount of a controlled substance as defined in subsection (f) of Section 102 of the Illinois Controlled Substances Act,
or a metabolite of a controlled substance, with the exception of controlled substances or metabolites of such substances, the presence of which in the newborn
infant was the result of medical treatment administered to the mother or the newborn infant, and that the biological mother of this child is the biological
mother of at least one other child who was adjudicated a neglected minor under subsection (c) of Section 2-3 of the Juvenile Court Act of 1987, after which
the biological mother had the opportunity to enroll in and participate in a clinically appropriate substance abuse counseling, treatment, and rehabilitation
program.
E. "Parent" means the father or mother of a legitimate or illegitimate child. For the purpose of this Act, a person who has executed a final and
irrevocable consent to adoption or a final and irrevocable surrender for purposes of adoption, or whose parental rights have been terminated by a court,
is not a parent of the child who was the subject of the consent or surrender, unless the consent is void pursuant to subsection O of Section 10.
F. A person is available for adoption when the person is:
(a) a child who has been surrendered for adoption to
an agency and to whose adoption the agency has thereafter consented;
(b) a child to whose adoption a person authorized by
law, other than his parents, has consented, or to whose adoption no consent is required pursuant to Section 8 of this Act;
(c) a child who is in the custody of persons who
intend to adopt him through placement made by his parents;
(c-1) a child for whom a parent has signed a
specific consent pursuant to subsection O of Section 10;
(d) an adult who meets the conditions set forth in
Section 3 of this Act; or
(e) a child who has been relinquished as defined in
Section 10 of the Abandoned Newborn Infant Protection Act.
A person who would otherwise be available for adoption shall not be deemed unavailable for adoption solely by reason of his or her death.
G. The singular includes the plural and the plural includes the singular and the "male" includes the "female", as the context of this
Act may require.
H. "Adoption disruption" occurs when an adoptive placement does not prove successful and it becomes necessary for the child to be removed from
placement before the adoption is finalized.
I. "Foreign placing agency" is an agency or individual operating in a country or territory outside the United States that is authorized by its
country to place children for adoption either directly with families in the United States or through United States based international agencies.
J. "Immediate relatives" means the biological parents, the parents of the biological parents and siblings of the biological parents.
K. "Intercountry adoption" is a process by which a child from a country other than the United States is adopted.
L. "Intercountry Adoption Coordinator" is a staff person of the Department of Children and Family Services appointed by the Director to coordinate
the provision of services by the public and private sector to prospective parents of foreign-born children.
M. "Interstate Compact on the Placement of Children" is a law enacted by most states for the purpose of establishing uniform procedures for handling
the interstate placement of children in foster homes, adoptive homes, or other child care facilities.
N. "Non-Compact state" means a state that has not enacted the Interstate Compact on the Placement of Children.
O. "Preadoption requirements" are any conditions established by the laws or regulations of the Federal Government or of each state that must be
met prior to the placement of a child in an adoptive home.
P. "Abused child" means a child whose parent or immediate family member, or any person responsible for the child's welfare, or any individual
residing in the same home as the child, or a paramour of the child's parent:
(a) inflicts, causes to be inflicted, or allows to
be inflicted upon the child physical injury, by other than accidental means, that causes death, disfigurement, impairment of physical or emotional health,
or loss or impairment of any bodily function;
(b) creates a substantial risk of physical injury to
the child by other than accidental means which would be likely to cause death, disfigurement, impairment of physical or emotional health, or loss or impairment
of any bodily function;
(c) commits or allows to be committed any sex
offense against the child, as sex offenses are defined in the Criminal Code of 1961 and extending those definitions of sex offenses to include children
under 18 years of age;
(d) commits or allows to be committed an act or acts
of torture upon the child; or
(e) inflicts excessive corporal punishment.
Q. "Neglected child" means any child whose parent or other person responsible for the child's welfare withholds or denies nourishment or medically
indicated treatment including food or care denied solely on the basis of the present or anticipated mental or physical impairment as determined by a physician
acting alone or in consultation with other physicians or otherwise does not provide the proper or necessary support, education as required by law, or medical
or other remedial care recognized under State law as necessary for a child's well-being, or other care necessary for his or her well-being, including adequate
food, clothing and shelter; or who is abandoned by his or her parents or other person responsible for the child's welfare.
A child shall not be considered neglected or abused for the sole reason that the child's parent or other person responsible for his or her welfare depends
upon spiritual means through prayer alone for the treatment or cure of disease or remedial care as provided under Section 4 of the Abused and Neglected
Child Reporting Act. A child shall not be considered neglected or abused for the sole reason that the child's parent or other person responsible for the
child's welfare failed to vaccinate, delayed vaccination, or refused vaccination for the child due to a waiver on religious or medical grounds as permitted
by law.
R. "Putative father" means a man who may be a child's father, but who (1) is not married to the child's mother on or before the date that the
child was or is to be born and (2) has not established paternity of the child in a court proceeding before the filing of a petition for the adoption of
the child. The term includes a male who is less than 18 years of age. "Putative father" does not mean a man who is the child's father as a result
of criminal sexual abuse or assault as defined under Article 12 of the Criminal Code of 1961.
S. "Standby adoption" means an adoption in which a parent consents to custody and termination of parental rights to become effective upon the
occurrence of a future event, which is either the death of the parent or the request of the parent for the entry of a final judgment of adoption.
T. (Blank).
(Source: P.A. 93-732, eff. 1-1-05; 94-563, eff. 1-1-06.)
(750 ILCS 50/2) (from Ch. 40, par. 1502)
Sec. 2. Who may adopt a child.
A. Any of the following persons, who is under no legal disability (except the minority specified in sub-paragraph (b) and who has resided in the State of
Illinois continuously for a period of at least 6 months immediately preceding the commencement of an adoption proceeding, or any member of the armed forces
of the United States who has been domiciled in the State of Illinois for 90 days, may institute such proceeding:
(a) A reputable person of legal age and of either sex, provided that if such person is married and has not been living separate and apart from his or her
spouse for 12 months or longer, his or her spouse shall be a party to the adoption proceeding, including a husband or wife desiring to adopt a child of
the other spouse, in all of which cases the adoption shall be by both spouses jointly;
(b) A minor, by leave of court upon good cause shown.
B. The residence requirement specified in paragraph A of this Section shall not apply to an adoption of a related child or to an adoption of a child placed
by an agency.
(Source: P.A. 90-608, eff. 6-30-98.)
(750 ILCS 50/2.1) (from Ch. 40, par. 1503)
Sec. 2.1. This Act shall be construed in concert with the Juvenile Court Act of 1987, the Child Care Act of 1969, and the Interstate Compact on the Placement
of Children.
(Source: P.A. 85-1209.)
(750 ILCS 50/3) (from Ch. 40, par. 1504)
Sec. 3. Who may be adopted.
A male or female child, or an adult, may be adopted, provided the other conditions set forth in this Act are met, and further provided, with respect to
an adult, that such adult has resided in the home of the persons intending to adopt him at any time for more than 2 years continuously preceding the commencement
of an adoption proceeding, or in the alternative that such persons are related to him within a degree set forth in the definition of a related child in
Section 1 of this Act.
(Source: Laws 1959, p. 1269.)
(750 ILCS 50/4) (from Ch. 40, par. 1505)
Sec. 4. Jurisdiction and venue.
An adoption proceeding may be commenced in the circuit court of the county in which petitioners reside, or the county in which the person to be adopted
resides, or was born, or the county in which the parents of such person reside, provided, however, if an agency has acquired the custody and control of
a child and such agency is authorized to consent to the adoption of such child, the proceeding may be commenced in any county, and provided further that
if a guardian of the person of such child has been appointed by a court of competent jurisdiction, the proceeding may be commenced in any county.
(Source: Laws 1965, p. 3308.)
(750 ILCS 50/4.1) (from Ch. 40, par. 1506)
Sec. 4.1. Except for children placed with relatives by the Department of Children and Family Services pursuant to subsection (b) of Section 7 of the Children
and Family Services Act, placements under this Act shall comply with the Child Care Act of 1969 and the Interstate Compact on the Placement of Children.
Placements of children born outside the United States or a territory thereof shall comply with rules promulgated by the United States Department of Immigration
and Naturalization.
Rules promulgated by the Department of Children and Family Services shall include but not be limited to the following:
(a) Any agency providing adoption services as defined in Section 2.24 of the Child Care Act of 1969 in this State:
(i) Shall be licensed in this State as a child
welfare agency as defined in Section 2.08 of the Child Care Act of 1969; or
(ii) Shall be licensed as a child placement agency
in a state which is a party to the Interstate Compact on the Placement of Children and shall be approved by the Department to place children into Illinois
in accordance with subsection (a-5) of this Section; or
(iii) Shall be licensed as a child placement agency
in a country other than the United States or, if located in such a country but not so licensed, shall provide information such as a license or court document
which authorizes that agency to place children for adoption and to establish that such agency has legal authority to place children for adoption; or
(iv) Shall be a child placement agency which is so
licensed in a non-compact state and shall be approved by the Department to place children into Illinois in accordance with subsection (a-5) of this Section,
if such agency first files with the Department of Children and Family Services a bond with surety in the amount of $5,000 for each such child to ensure
that such child shall not become a public charge upon this State. Such bond shall remain in effect until a judgment for adoption is entered with respect
to such child pursuant to this Act. The Department of Children and Family Services may accept, in lieu of such bond, a written agreement with such agency
which provides that such agency shall be liable for all costs associated with the placement of such child in the event a judgment of adoption is not entered,
upon such terms and conditions as the Department deems appropriate.
The rules shall also provide that any agency that places children for adoption in this State may not, in any policy or practice relating to the placement
of children for adoption, discriminate against any child or prospective adoptive parent on the basis of race.
(a-5) Out-of-state private placing agencies that seek to place children into Illinois for the purpose of foster care or adoption shall provide all of the
following to the Department:
(i) A copy of the agency's current license or other
form of authorization from the approving authority in the agency's state. If no such license or authorization is issued, the agency must provide a reference
statement from the approving authority stating the agency is authorized to place children in foster care or adoption or both in its jurisdiction.
(ii) A description of the program, including home
studies, placements, and supervisions that the child placing agency conducts within its geographical area, and, if applicable, adoptive placements and the
finalization of adoptions. The child placing agency must accept continued responsibility for placement planning and replacement if the placement fails.
(iii) Notification to the Department of any
significant child placing agency changes after approval.
(iv) Any other information the Department may
require.
If the adoption is finalized prior to bringing or sending the child to Illinois, Department approval of the out-of-state child placing agency involved is
not required under this Section, nor is compliance with the Interstate Compact on the Placement of Children.
(b) As an alternative to requiring the bond provided for in paragraph (a)(iv) of this Section, the Department of Children and Family Services may require
the filing of such a bond by the individual or individuals seeking to adopt such a child through placement of such child by a child placement agency located
in a state which is not a party to the Interstate Compact on the Placement of Children.
(c) In the case of any foreign-born child brought to the United States for adoption in this State, the following preadoption requirements shall be met:
(1) Documentation that the child is legally free for
adoption prior to entry into the United States shall be submitted.
(2) A medical report on the child, by authorized
medical personnel in the country of the child's origin, shall be provided when such personnel are available.
(3) Verification that the adoptive family has been
licensed as a foster family home pursuant to the Child Care Act of 1969, as now or hereafter amended, shall be provided.
(4) A valid home study conducted by a licensed child
welfare agency that complies with guidelines established by the United States Immigration and Naturalization Service at 8 CFR 204.4(d)(2)(i), as now or
hereafter amended, shall be submitted. A home study is considered valid if it contains:
(i) A factual evaluation of the financial,
physical, mental and moral capabilities of the prospective parent or parents to rear and educate the child properly.
(ii) A detailed description of the living
accommodations where the prospective parent or parents currently reside.
(iii) A detailed description of the living
accommodations in the United States where the child will reside, if known.
(iv) A statement or attachment recommending the
proposed adoption signed by an official of the child welfare agency which has conducted the home study.
(5) The placing agency located in a non-compact
state or a family desiring to adopt through an authorized placement party in a non-compact state or a foreign country shall file with the Department of
Children and Family Services a bond with surety in the amount of $5,000 as protection that a foreign-born child accepted for care or supervision not become
a public charge upon the State of Illinois.
(6) In lieu of the $5,000 bond, the placement agency
may sign a binding agreement with the Department of Children and Family Services to assume full liability for all placements should, for any reason, the
adoption be disrupted or not be completed, including financial and planning responsibility until the child is either returned to the country of its origin
or placed with a new adoptive family in the United States and that adoption is finalized.
(7) Compliance with the requirements of the
Interstate Compact on the Placement of Children, when applicable, shall be demonstrated.
(8) When a child is adopted in a foreign country and
a final, complete and valid Order of Adoption is issued in that country, as determined by both the United States Department of State and the United States
Department of Justice, this State shall not impose any additional preadoption requirements. The adoptive family, however, must comply with applicable requirements
of the United States Department of Immigration and Naturalization as provided in 8 CFR 204.4 (d)(2)(ii), as now or hereafter amended.
(d) The Department of Children and Family Services shall maintain the office of Intercountry Adoption Coordinator, shall maintain and protect the rights
of families and children participating in adoption of foreign born children, and shall develop ongoing programs of support and services to such families
and children. The Intercountry Adoption Coordinator shall determine that all preadoption requirements have been met and report such information to the Department
of Immigration and Naturalization.
(Source: P.A. 94-586, eff. 8-15-05.)
(750 ILCS 50/5) (from Ch. 40, par. 1507)
Sec. 5. Petition, contents, verification, filing.
A. A proceeding to adopt a child, other than a related child, shall be commenced by the filing of a petition within 30 days after such child has become
available for adoption, provided that such petition may be filed at a later date by leave of court upon a showing that the failure to file such petition
within such 30 day period was not due to the petitioners' culpable negligence or their wilful disregard of the provisions of this Section. In the case of
a child born outside the United States or a territory thereof, if the prospective adoptive parents of such child have been appointed guardians of such child
by a court of competent jurisdiction in a country other than the United States or a territory thereof, such parents shall file a petition as provided in
this Section within 30 days after entry of the child into the United States. A petition to adopt an adult or a related child may be filed at any time. A
petition for adoption may include more than one person sought to be adopted.
B. A petition to adopt a child other than a related child shall state:
(a) The full names of the petitioners and, if
minors, their respective ages;
(b) The place of residence of the petitioners and
the length of residence of each in the State of Illinois immediately preceding the filing of the petition;
(c) When the petitioners acquired, or intend to
acquire, custody of the child, and the name and address of the persons or agency from whom the child was or will be received;
(d) The name, the place and date of birth if known,
and the sex of the child sought to be adopted;
(e) The relationship, if any, of the child to each
petitioner;
(f) The names, if known, and the place of residence,
if known, of the parents; and whether such parents are minors, or otherwise under any legal disability. The names and addresses of the parents shall be
omitted and they shall not be made parties defendant to the petition if (1) the rights of the parents have been terminated by a court of competent jurisdiction,
or (2) if the child has been surrendered to an agency, or (3) if the parent or parents have been served with the notice provided in Section 12a of this
Act and said parent or parents have filed a disclaimer of paternity as therein provided or have failed to file such declaration of paternity or a request
for notice as provided in said Section;
(g) If it is alleged that the child has no living
parent, then the name of the guardian, if any, of such child and the court which appointed such guardian;
(h) If it is alleged that the child has no living
parent and that no guardian of such child is known to petitioners, then the name of a near relative, if known, shall be set forth, or an allegation that
no near relative is known and on due inquiry cannot be ascertained by petitioners;
(i) The name to be given the child or adult;
(j) That the person or agency, having authority to
consent under Section 8 of this Act, has consented, or has indicated willingness to consent, to the adoption of the child by the petitioners, or that the
person having authority to consent is an unfit person and the ground therefor, or that no consent is required under paragraph (f) of Section 8 of this Act;
(k) Whatever orders, judgments or decrees have
heretofore been entered by any court affecting (1) adoption or custody of the child, or (2) the adoptive, custodial or parental rights of either petitioner,
including the prior denial of any petition for adoption pertaining to such child, or to the petitioners, or either of them.
C. A petition to adopt a related child shall include the information specified in sub-paragraphs (a), (b), (d), (e), (f), (i) and (k)
of paragraph B and a petition to adopt an adult shall contain the information required by sub-paragraphs (a), (b) and (i) of paragraph B in addition to
the name, place, date of birth and sex of such adult.
D. The petition shall be verified by the petitioners.
E. Upon the filing of the petition the petitioners shall furnish the Clerk of the Court in which the petition is pending such information not contained
in such petition as shall be necessary to enable the Clerk of such Court to complete a certificate of adoption as hereinafter provided.
F. A petition for standby adoption shall conform to the requirements of this Act with respect to petition contents, verification, and filing. The petition
for standby adoption shall also state the facts concerning the consent of the child's parent to the standby adoption. A petition for standby adoption shall
include the information in paragraph B if the petitioner seeks to adopt a child other than a related child. A petition for standby adoption shall include
the information in paragraph C if the petitioner seeks to adopt a related child or adult.
(Source: P.A. 91-357, eff. 7-29-99; 91-572, eff. 1-1-00.)
(750 ILCS 50/6) (from Ch. 40, par. 1508)
Sec. 6. A. Investigation; all cases. Within 10 days after the filing of a petition for the adoption or standby adoption of a child other than a related
child, the court shall appoint a child welfare agency approved by the Department of Children and Family Services, or a person deemed competent by the court,
or in Cook County the Court Services Division of the Cook County Department of Public Aid, or the Department of Children and Family Services if the court
determines that no child welfare agency is available or that the petitioner is financially unable to pay for the investigation, to investigate accurately,
fully and promptly, the allegations contained in the petition; the character, reputation, health and general standing in the community of the petitioners;
the religious faith of the petitioners and, if ascertainable, of the child sought to be adopted; and whether the petitioners are proper persons to adopt
the child and whether the child is a proper subject of adoption. The investigation required under this Section shall include a fingerprint based criminal
background check with a review of fingerprints by the Illinois State Police and Federal Bureau of Investigation. Each petitioner subject to this investigation,
shall submit his or her fingerprints to the Department of State Police in the form and manner prescribed by the Department of State Police. These fingerprints
shall be checked against the fingerprint records now and hereafter filed in the Department of State Police and Federal Bureau of Investigation criminal
history records databases. The Department of State Police shall charge a fee for conducting the criminal history records check, which shall be deposited
in the State Police Services Fund and shall not exceed the actual cost of the records check. The criminal background check required by this Section shall
include a listing of when, where and by whom the criminal background check was prepared. The criminal background check required by this Section shall not
be more than two years old.
Neither a clerk of the circuit court nor a judge may require that a criminal background check or fingerprint review be filed with, or at the same time as,
an initial petition for adoption.
B. Investigation; foreign-born child. In the case of a child born outside the United States or a territory thereof, in addition to the investigation required
under subsection (A) of this Section, a post-placement investigation shall be conducted in accordance with the requirements of the Child Care Act of 1969,
the Interstate Compact on the Placement of Children, and regulations of the foreign placing agency and the supervising agency.
The requirements of a post-placement investigation shall be deemed to have been satisfied if a valid final order or judgment of adoption has been entered
by a court of competent jurisdiction in a country other than the United States or a territory thereof with respect to such child and the petitioners.
C. Report of investigation. The court shall determine whether the costs of the investigation shall be charged to the petitioners. The information obtained
as a result of such investigation shall be presented to the court in a written report. The results of the criminal background check required under subsection
(A) shall be provided to the court for its review. The court may, in its discretion, weigh the significance of the results of the criminal background check
against the entirety of the background of the petitioners. The Court, in its discretion, may accept the report of the investigation previously made by a
licensed child welfare agency, if made within one year prior to the entry of the judgment. Such report shall be treated as confidential and withheld from
inspection unless findings adverse to the petitioners or to the child sought to be adopted are contained therein, and in that event the court shall inform
the petitioners of the relevant portions pertaining to the adverse findings. In no event shall any facts set forth in the report be considered at the hearing
of the proceeding, unless established by competent evidence. The report shall be filed with the record of the proceeding. If the file relating to the proceeding
is not impounded, the report shall be impounded by the clerk of the court and shall be made available for inspection only upon order of the court.
D. Related adoption. Such investigation shall not be made when the petition seeks to adopt a related child or an adult unless the court, in its discretion,
shall so order. In such an event the court may appoint a person deemed competent by the court.
(Source: P.A. 93-418, eff. 1-1-04.)
(750 ILCS 50/7) (from Ch. 40, par. 1509)
Sec. 7. Process.
A. All persons named in the petition for adoption or standby adoption, other than the petitioners and any party who has previously either denied being a
parent pursuant to Section 12a of this Act or whose rights have been terminated pursuant to Section 12a of this Act, but including the person sought to
be adopted, shall be made parties defendant by name, and if the name or names of any such persons are alleged in the petition to be unknown such persons
shall be made parties defendant under the name and style of "All whom it may concern". In all such actions petitioner or his attorney shall file,
at the office of the clerk of the court in which the action is pending, an affidavit showing that the defendant resides or has gone out of this State, or
on due inquiry cannot be found, or is concealed within this State, so that process cannot be served upon him, and stating the place of residence of the
defendant, if known, or that upon diligent inquiry his place of residence cannot be ascertained, the clerk shall cause publication to be made in some newspaper
published in the county in which the action is pending. If there is no newspaper published in that county, then the publication shall be in a newspaper
published in an adjoining county in this State, having a circulation in the county in which such action is pending. In the event there is service on any
of the parties by publication, the publication shall contain notice of pendency of the action, the name of the person to be adopted and the name of the
parties to be served by publication, and the date on or after which default may be entered against such parties. Neither the name of petitioners nor the
name of any party who has either surrendered said child, has given their consent to the adoption of the child, or whose parental rights have been terminated
by a court of competent jurisdiction shall be included in the notice of publication. The Clerk shall also, within ten (10) days of the first publication
of the notice, send a copy thereof by mail, addressed to each defendant whose place of residence is stated in such affidavit. The certificate of the Clerk
that he sent the copies pursuant to this section is evidence that he has done so. Except as provided in this section pertaining to service by publication,
all parties defendant shall be notified of the proceedings in the same manner as is now or may hereafter be required in other civil cases or proceedings.
Any party defendant who is of age of 14 years or upward may waive service of process by entering an appearance in writing. The form to be used for publication
shall be substantially as follows: "ADOPTION NOTICE - STATE OF ILLINOIS, County of ...., ss. - Circuit Court of .... County. In the matter of the Petition
for the Adoption of ...., a ..male child. Adoption No. ..... To-- .... (whom it may concern or the named parent) Take notice that a petition was filed in
the Circuit Court of .... County, Illinois, for the adoption of a child named ..... Now, therefore, unless you ...., and all whom it may concern, file your
answer to the Petition in the action or otherwise file your appearance therein, in the said Circuit Court of ...., County, Room ...., ...., in the City
of ...., Illinois, on or before the .... day of ...., a default may be entered against you at any time after that day and a judgment entered in accordance
with the prayer of said Petition. Dated, ...., Illinois, .... ...., Clerk. (Name and address of attorney for petitioners.)
B. A minor defendant who has been served in accordance with this Section may be defaulted in the same manner as any other defendant.
C. Notwithstanding any inconsistent provision of this or any other law, and in addition to the notice requirements of any law pertaining to persons other
than those specified in this subsection, the persons entitled to notice that a petition has been filed under Section 5 of this Act shall include:
(a) any person adjudicated by a court in this State
to be the father of the child;
(b) any person adjudicated by a court of another
state or territory of the United States to be the father of the child, when a certified copy of the court order has been filed with the Putative Father
Registry under Section 12.1 of this Act;
(c) any person who at the time of the filing of the
petition is registered in the Putative Father Registry under Section 12.1 of this Act as the putative father of the child;
(d) any person who is recorded on the child's birth
certificate as the child's father;
(e) any person who is openly living with the child
or the child's mother at the time the proceeding is initiated and who is holding himself out to be the child's father;
(f) any person who has been identified as the
child's father by the mother in a written, sworn statement, including an Affidavit of Identification as specified under Section 11 of this Act;
(g) any person who was married to the child's mother
on the date of the child's birth or within 300 days prior to the child's birth.
The sole purpose of notice under this Section shall be to enable the person receiving notice to appear in the adoption proceedings to present evidence to
the court relevant to whether the consent or surrender of the person to the adoption is required pursuant to Section 8 of this Act. If the court determines
that the consent or surrender of the person is not required pursuant to Section 8, then the person shall not be entitled to participate in the proceedings
or to any further notice of the proceedings.
(Source: P.A. 94-530, eff. 1-1-06.)
(750 ILCS 50/8) (from Ch. 40, par. 1510)
Sec. 8. Consents to adoption and surrenders for purposes of adoption.
(a) Except as hereinafter provided in this Section consents or surrenders shall be required in all cases, unless the person whose consent or surrender would
otherwise be required shall be found by the court:
(1) to be an unfit person as defined in Section 1 of
this Act, by clear and convincing evidence; or
(2) not to be the biological or adoptive father of
the child; or
(3) to have waived his parental rights to the child
under Section 12a or 12.1 of this Act; or
(4) to be the parent of an adult sought to be
adopted; or
(5) to be the father of the child as a result of
criminal sexual abuse or assault as defined under Article 12 of the Criminal Code of 1961; or
(6) to be the father of a child who:
(i) is a family member of the mother of the
child, and the mother is under the age of 18 at the time of the child's conception; for purposes of this subsection, a "family member" is a parent,
step-parent, grandparent, step-grandparent, sibling, or cousin of the first degree, whether by whole blood, half-blood, or adoption, as well as a person
age 18 or over at the time of the child's conception who has resided in the household with the mother continuously for at least one year; or
(ii) is at least 5 years older than the child's
mother, and the mother was under the age of 17 at the time of the child's conception, unless the mother and father voluntarily acknowledge the father's
paternity of the child by marrying or by establishing the father's paternity by consent of the parties pursuant to the Illinois Parentage Act of 1984 or
pursuant to a substantially similar statute in another state.
A criminal conviction of any offense pursuant to
Article 12 of the Criminal Code of 1961 is not required.
(b) Where consents are required in the case of an adoption of a minor child, the consents of the following persons shall be sufficient:
(1) (A) The mother of the minor child; and
(B) The father of the minor child, if the father:
(i) was married to the mother on the date of
birth of the child or within 300 days before the birth of the child, except for a husband or former husband who has been found by a court of competent jurisdiction
not to be the biological father of the child; or
(ii) is the father of the child under a
judgment for adoption, an order of parentage, or an acknowledgment of parentage or paternity pursuant to subsection (a) of Section 5 of the Illinois Parentage
Act of 1984; or
(iii) in the case of a child placed with the
adopting parents less than 6 months after birth, openly lived with the child, the child's biological mother, or both, and held himself out to be the child's
biological father during the first 30 days following the birth of the child; or
(iv) in the case of a child placed with the
adopting parents less than 6 months after birth, made a good faith effort to pay a reasonable amount of the expenses related to the birth of the child and
to provide a reasonable amount for the financial support of the child before the expiration of 30 days following the birth of the child, provided that the
court may consider in its determination all relevant circumstances, including the financial condition of both biological parents; or
(v) in the case of a child placed with the
adopting parents more than 6 months after birth, has maintained substantial and continuous or repeated contact with the child as manifested by: (I) the
payment by the father toward the support of the child of a fair and reasonable sum, according to the father's means, and either (II) the father's visiting
the child at least monthly when physically and financially able to do so and not prevented from doing so by the person or authorized agency having lawful
custody of the child, or (III) the father's regular communication with the child or with the person or agency having the care or custody of the child, when
physically and financially unable to visit the child or prevented from doing so by the person or authorized agency having lawful custody of the child. The
subjective intent of the father, whether expressed or otherwise unsupported by evidence of acts specified in this sub-paragraph as manifesting such intent,
shall not preclude a determination that the father failed to maintain substantial and continuous or repeated contact with the child; or
(vi) in the case of a child placed with the
adopting parents more than six months after birth, openly lived with the child for a period of six months within the one year period immediately preceding
the placement of the child for adoption and openly held himself out to be the father of the child; or
(vii) has timely registered with Putative
Father Registry, as provided in Section 12.1 of this Act, and prior to the expiration of 30 days from the date of such registration, commenced legal proceedings
to establish paternity under the Illinois Parentage Act of 1984 or under the law of the jurisdiction of the child's birth; or
(2) The legal guardian of the person of the child,
if there is no surviving parent; or
(3) An agency, if the child has been surrendered for
adoption to such agency; or
(4) Any person or agency having legal custody of a
child by court order if the parental rights of the parents have been judicially terminated, and the court having jurisdiction of the guardianship of the
child has authorized the consent to the adoption; or
(5) The execution and verification of the petition
by any petitioner who is also a parent of the child sought to be adopted shall be sufficient evidence of such parent's consent to the adoption.
(c) Where surrenders to an agency are required in the case of a placement for adoption of a minor child by an agency, the surrenders of the following persons
shall be sufficient:
(1) (A) The mother of the minor child; and
(B) The father of the minor child, if the father:
(i) was married to the mother on the date of
birth of the child or within 300 days before the birth of the child, except for a husband or former husband who has been found by a court of competent jurisdiction
not to be the biological father of the child; or
(ii) is the father of the child under a
judgment for adoption, an order of parentage, or an acknowledgment of parentage or paternity pursuant to subsection (a) of Section 5 of the Illinois Parentage
Act of 1984; or
(iii) in the case of a child placed with the
adopting parents less than 6 months after birth, openly lived with the child, the child's biological mother, or both, and held himself out to be the child's
biological father during the first 30 days following the birth of a child; or
(iv) in the case of a child placed with the
adopting parents less than 6 months after birth, made a good faith effort to pay a reasonable amount of the expenses related to the birth of the child and
to provide a reasonable amount for the financial support of the child before the expiration of 30 days following the birth of the child, provided that the
court may consider in its determination all relevant circumstances, including the financial condition of both biological parents; or
(v) in the case of a child placed with the
adopting parents more than six months after birth, has maintained substantial and continuous or repeated contact with the child as manifested by: (I) the
payment by the father toward the support of the child of a fair and reasonable sum, according to the father's means, and either (II) the father's visiting
the child at least monthly when physically and financially able to do so and not prevented from doing so by the person or authorized agency having lawful
custody of the child or (III) the father's regular communication with the child or with the person or agency having the care or custody of the child, when
physically and financially unable to visit the child or prevented from doing so by the person or authorized agency having lawful custody of the child. The
subjective intent of the father, whether expressed or otherwise, unsupported by evidence of acts specified in this sub-paragraph as manifesting such intent,
shall not preclude a determination that the father failed to maintain substantial and continuous or repeated contact with the child; or
(vi) in the case of a child placed with the
adopting parents more than six months after birth, openly lived with the child for a period of six months within the one year period immediately preceding
the placement of the child for adoption and openly held himself out to be the father of the child; or
(vii) has timely registered with the
Putative Father Registry, as provided in Section 12.1 of this Act, and prior to the expiration of 30 days from the date of such registration, commenced
legal proceedings to establish paternity under the Illinois Parentage Act of 1984, or under the law of the jurisdiction of the child's birth.
(d) In making a determination under subparagraphs (b)(1) and (c)(1), no showing shall be required of diligent efforts by a person or agency to encourage
the father to perform the acts specified therein.
(e) In the case of the adoption of an adult, only the consent of such adult shall be required.
(Source: P.A. 93-510, eff. 1-1-04; 94-530, eff. 1-1-06.)
(750 ILCS 50/9) (from Ch. 40, par. 1511)
Sec. 9. Time for taking a consent or surrender.
A. A consent or a surrender taken not less than 72 hours after the birth of the child is irrevocable except as provided in Section 11 of this Act.
B. No consent or surrender shall be taken within the 72 hour period immediately following the birth of the child.
C. A consent or a surrender may be taken from the father prior to the birth of the child. Such consent or surrender shall be revoked if, within 72 hours
after the birth of the child, the father who gave such consent or surrender, notifies in writing the person, agency or court representative who took the
surrender or consent or any individual representing or connected with such person, agency or court representative of the revocation of the consent or surrender.
D. Any consent or surrender taken in accordance with paragraph C above which is not revoked within 72 hours after the birth of the child is irrevocable
except as provided in Section 11 of this Act.
E. Consent may be given to a standby adoption by a parent whose consent is required pursuant to Section 8 of this Act to become effective when the consenting
parent of the child dies or that parent requests that the final judgment of adoption be entered.
(Source: P.A. 93-732, eff. 1-1-05.)
(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 appointed by a court of competent jurisdiction)
shall be acknowledged by a parent before the presiding judge of the court 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 the Department of Children and Family Services or a licensed child welfare agency, or before 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 or hearing officer or the clerk of any court of record, either in this State or any other state of the
United States, or before a representative of an agency or before any other person designated or approved by the presiding judge of the court 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 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:
Part 1(Above)
Part 2 (Click Here) |
