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| Public Act 102-0139 | ||||
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Adoption Act is amended by changing | ||||
Sections 1, 2, 11, 13, and 14 as follows:
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(750 ILCS 50/1) (from Ch. 40, par. 1501)
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Sec. 1. Definitions. When used in this Act, unless the | ||||
context
otherwise requires:
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A. "Child" means a person under legal age subject to | ||||
adoption under
this Act.
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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, marriage, | ||||
adoption, or civil union: parent, grand-parent, | ||||
great-grandparent, brother, sister, step-parent,
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step-grandparent, step-brother, step-sister, uncle, aunt, | ||||
great-uncle,
great-aunt, first cousin, or second cousin. A | ||||
person is related to the child as a first cousin or second | ||||
cousin if they are both related to the same ancestor as either | ||||
grandchild or great-grandchild. A child whose parent has | ||||
executed
a consent to adoption, a surrender, or a waiver | ||||
pursuant to Section 10 of this Act or whose parent has signed a | ||||
denial of paternity pursuant to Section 12 of the Vital | ||||
Records Act or Section 12a of this Act, or whose parent has had | ||
his or her parental rights
terminated, is not a related child | ||
to that person, unless (1) the consent is
determined to be void | ||
or is void pursuant to subsection O of Section 10 of this Act;
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or (2) the parent of the child executed a consent to adoption | ||
by a specified person or persons pursuant to subsection A-1 of | ||
Section 10 of this Act and a court of competent jurisdiction | ||
finds that such consent is void; or (3) the order terminating | ||
the parental rights of the parent is vacated by a court of | ||
competent jurisdiction.
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C. "Agency" for the purpose of this Act means a public | ||
child welfare agency
or a licensed child welfare agency.
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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
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accordance with the Abandoned Newborn Infant Protection Act:
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(a) Abandonment of the child.
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(a-1) Abandonment of a newborn infant in a hospital.
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(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.
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(b) Failure to maintain a reasonable degree of | ||
interest, concern or
responsibility as to the child's | ||
welfare.
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(c) Desertion of the child for more than 3 months next | ||
preceding the
commencement of the Adoption proceeding.
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(d) Substantial neglect
of the
child if continuous or | ||
repeated.
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(d-1) Substantial neglect, if continuous or repeated, | ||
of any child
residing in the household which resulted in | ||
the death of that child.
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(e) Extreme or repeated cruelty to the child.
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(f) There is a rebuttable presumption, which can be | ||
overcome only by clear and convincing evidence, that a | ||
parent is unfit if:
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(1) Two or more findings of physical abuse have | ||
been entered regarding any children under 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; or | ||
(2) The parent has been convicted or found not | ||
guilty by reason of insanity and the conviction or | ||
finding resulted from the death of any child by | ||
physical abuse; or
| ||
(3) There is a finding of physical child abuse | ||
resulting from the death of any
child under Section | ||
2-21 of the
Juvenile Court Act of 1987. | ||
No conviction or finding of delinquency pursuant to | ||
Article V of the Juvenile Court Act of 1987 shall be | ||
considered a criminal conviction for the purpose of | ||
applying any presumption under this item (f).
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(g) Failure to protect the child from conditions | ||
within his environment
injurious to the child's welfare.
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(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.
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(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) 1 or (2)
2 of subsection (a) of Section | ||
9-1 of the Criminal Code of 1961 or the Criminal Code of | ||
2012 or conviction
of second degree murder in violation of | ||
subsection (a) of Section 9-2 of the
Criminal Code of 1961 | ||
or the Criminal Code of 2012 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 or | ||
the Criminal Code of 2012; (3)
attempt or conspiracy to | ||
commit first degree murder or second degree murder
of any | ||
child in violation of the Criminal Code of 1961 or the | ||
Criminal Code of 2012; (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 | ||
the Criminal Code of 2012; (5)
predatory criminal sexual | ||
assault of a child in violation of
Section 11-1.40 or | ||
12-14.1 of the Criminal Code of 1961 or the Criminal Code | ||
of 2012; (6) heinous battery of any child in violation of | ||
the Criminal Code of 1961; (7) aggravated battery of any | ||
child in violation of the Criminal Code of 1961 or the | ||
Criminal Code of 2012; (8) any violation of Section | ||
11-1.20 or Section 12-13 of the Criminal Code of 1961 or | ||
the Criminal Code of 2012; (9) any violation of subsection | ||
(a) of Section 11-1.50 or Section 12-16 of the Criminal | ||
Code of 1961 or the Criminal Code of 2012; (10) any | ||
violation of Section 11-9.1 of the Criminal Code of 1961 | ||
or the Criminal Code of 2012; (11) any violation of | ||
Section 11-9.1A of the Criminal Code of 1961 or the | ||
Criminal Code of 2012; or (12) an offense in any other | ||
state the elements of which are similar and bear a
| ||
substantial relationship to any of the enumerated offenses | ||
in this subsection (i).
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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
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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.
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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 or the Criminal Code | ||
of 2012 within 10 years of the filing date of
the petition | ||
or motion to terminate parental rights. | ||
No conviction or finding of delinquency pursuant to | ||
Article 5 of the Juvenile Court Act of 1987 shall be | ||
considered a criminal conviction for the purpose of | ||
applying any presumption under this item (i).
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(j) Open and notorious adultery or fornication.
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(j-1) (Blank).
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(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.
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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
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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.
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(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.
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(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 during any 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, or (ii) | ||
to make reasonable progress
toward the return of the
child | ||
to the parent during any 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 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
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 (ii) 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.
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(m-1) (Blank).
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(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, the Illinois Parentage Act of 2015, | ||
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
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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.
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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).
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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.
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(o) Repeated or continuous failure by the parents, | ||
although physically
and financially able, to provide the | ||
child with adequate food, clothing,
or shelter.
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(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 an intellectual | ||
disability 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.
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(q) (Blank).
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(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.
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E. "Parent" means a person who is the legal mother or legal | ||
father of the child as defined in subsection X or Y of this | ||
Section. For the purpose of this Act, a parent who has executed | ||
a consent to adoption, a surrender, or a waiver pursuant to | ||
Section 10 of this Act, who has signed a Denial of Paternity | ||
pursuant to Section 12 of the Vital Records Act or Section 12a | ||
of this Act, or whose parental rights have been terminated by a | ||
court, is not a parent of the child who was the subject of the | ||
consent, surrender, waiver, or denial unless (1) the consent | ||
is void pursuant to subsection O of Section 10 of this Act; or | ||
(2) the person executed a consent to adoption by a specified | ||
person or persons pursuant to subsection A-1 of Section 10 of | ||
this Act and a court of competent jurisdiction finds that the | ||
consent is void; or (3) the order terminating the parental | ||
rights of the person is vacated by a court of competent | ||
jurisdiction.
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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;
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(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
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(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.
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H. (Blank).
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I. "Habitual residence" has the meaning ascribed to it in | ||
the federal Intercountry Adoption Act of 2000 and regulations | ||
promulgated thereunder.
| ||
J. "Immediate relatives" means the biological parents, the | ||
parents of
the biological parents and siblings of the | ||
biological parents.
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K. "Intercountry adoption" is a process by which a child | ||
from a country
other than the United States is adopted by | ||
persons who are habitual residents of the United States, or | ||
the child is a habitual resident of the United States who is | ||
adopted by persons who are habitual residents of a country | ||
other than the United States.
| ||
L. (Blank).
| ||
M. "Interstate Compact on the Placement of Children" is a | ||
law enacted by all
states and certain territories 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. (Blank).
| ||
O. "Preadoption requirements" means any conditions or | ||
standards established by the laws or administrative rules of | ||
this State that must be met by a prospective adoptive parent
| ||
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 2012
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 11 of the Criminal Code of 2012.
| ||
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).
| ||
T-5. "Biological parent", "birth parent", or "natural | ||
parent" of a child are interchangeable terms that mean a | ||
person who is biologically or genetically related to that | ||
child as a parent. | ||
U. "Interstate adoption" means the placement of a minor | ||
child with a prospective adoptive parent for the purpose of | ||
pursuing an adoption for that child that is subject to the | ||
provisions of the Interstate Compact on the Placement of | ||
Children. | ||
V. (Blank). | ||
W. (Blank). | ||
X. "Legal father" of a child means a man who is recognized | ||
as or presumed to be that child's father: | ||
(1) because of his marriage to or civil union with the | ||
child's parent at the time of the child's birth or within | ||
300 days prior to that child's birth, unless he signed a | ||
denial of paternity pursuant to Section 12 of the Vital | ||
Records Act or a waiver pursuant to Section 10 of this Act; | ||
or | ||
(2) because his paternity of the child has been | ||
established pursuant to the Illinois Parentage Act, the | ||
Illinois Parentage Act of 1984, or the Gestational | ||
Surrogacy Act; or | ||
(3) because he is listed as the child's father or | ||
parent on the child's birth certificate, unless he is | ||
otherwise determined by an administrative or judicial | ||
proceeding not to be the parent of the child or unless he | ||
rescinds his acknowledgment of paternity pursuant to the | ||
Illinois Parentage Act of 1984; or | ||
(4) because his paternity or adoption of the child has | ||
been established by a court of competent jurisdiction. | ||
The definition in this subsection X shall not be construed | ||
to provide greater or lesser rights as to the number of parents | ||
who can be named on a final judgment order of adoption or | ||
Illinois birth certificate that otherwise exist under Illinois | ||
law. | ||
Y. "Legal mother" of a child means a woman who is | ||
recognized as or presumed to be that child's mother: | ||
(1) because she gave birth to the child except as | ||
provided in the Gestational Surrogacy Act; or | ||
(2) because her maternity of the child has been | ||
established pursuant to the Illinois Parentage Act of 1984 | ||
or the Gestational Surrogacy Act; or | ||
(3) because her maternity or adoption of the child has | ||
been established by a court of competent jurisdiction; or | ||
(4) because of her marriage to or civil union with the | ||
child's other parent at the time of the child's birth or | ||
within 300 days prior to the time of birth; or | ||
(5) because she is listed as the child's mother or | ||
parent on the child's birth certificate unless she is | ||
otherwise determined by an administrative or judicial | ||
proceeding not to be the parent of the child. | ||
The definition in this subsection Y shall not be construed | ||
to provide greater or lesser rights as to the number of parents | ||
who can be named on a final judgment order of adoption or | ||
Illinois birth certificate that otherwise exist under Illinois | ||
law. | ||
Z. "Department" means the Illinois Department of Children | ||
and Family Services. | ||
AA. "Placement disruption" means a circumstance where the | ||
child is removed from an adoptive placement before the | ||
adoption is finalized. | ||
BB. "Secondary placement" means a placement, including but | ||
not limited to the placement of a youth in care as defined in | ||
Section 4d of the Children and Family Services Act, that | ||
occurs after a placement disruption or an adoption | ||
dissolution. "Secondary placement" does not mean secondary | ||
placements arising due to the death of the adoptive parent of | ||
the child. | ||
CC. "Adoption dissolution" means a circumstance where the | ||
child is removed from an adoptive placement after the adoption | ||
is finalized. | ||
DD. "Unregulated placement" means the secondary placement | ||
of a child that occurs without the oversight of the courts, the | ||
Department, or a licensed child welfare agency. | ||
EE. "Post-placement and post-adoption support services" | ||
means support services for placed or adopted children and | ||
families that include, but are not limited to, mental health | ||
treatment, including counseling and other support services for | ||
emotional, behavioral, or developmental needs, and treatment | ||
for substance abuse. | ||
FF. "Youth in care" has the meaning provided in Section 4d | ||
of the Children and Family Services Act. | ||
(Source: P.A. 100-159, eff. 8-18-17; 101-155, eff. 1-1-20; | ||
101-529, eff. 1-1-20; revised 9-17-19.)
| ||
(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 or in a civil union | ||
and has not been living separate and apart from his or
her | ||
spouse or civil union partner for 12 months or longer, his | ||
or her spouse or civil union partner shall be a party to | ||
the
adoption
proceeding, including a spouse or civil union | ||
partner desiring to adopt a child of the
other spouse or | ||
civil union partner, in all of which cases the adoption | ||
shall be by both spouses or civil union partners
jointly;
| ||
(b) A minor, by leave of court upon good cause shown.
| ||
(c) Notwithstanding sub-paragraph (a) of this | ||
subsection, a spouse or civil union partner is not | ||
required to join in a petition for adoption for the | ||
adoption of an adult if a petitioner is a former | ||
stepparent of that adult, or to re-adopt a child after an | ||
intercountry adoption if the spouse or civil union partner | ||
did not previously adopt the child as set forth in | ||
subsections (c) and (e) of Section 4.1 of this Act. For | ||
purposes of this Section, "former stepparent" means a | ||
person who was married to, or in a civil union with, the | ||
legal parent of the adult seeking to be adopted, and the | ||
marriage or civil union has ended. | ||
B. The residence requirement specified in paragraph A of | ||
this Section
shall not apply to: | ||
(a) an adoption of a related child; or | ||
(a-1) an adoption of a child previously adopted in a | ||
foreign country by the petitioner; or | ||
(b) an adoption of a child placed by an | ||
Illinois-licensed child welfare an agency performing | ||
adoption services; .
| ||
(c) an adoption of an adult by a former stepparent; or | ||
(d) an adoption of a child born in this State who has | ||
resided continuously in this State since birth, or a child | ||
who has continuously resided in this State for at least 6 | ||
months immediately preceding the commencement of the | ||
adoption proceeding, if: | ||
(1) an Illinois-licensed child welfare agency | ||
performing adoption services has acknowledged a | ||
consent or surrender of one or both of the biological | ||
or legal parents of the child under this Act and the | ||
Child Care Act of 1969; or | ||
(2) an authorized person under Section 10 has | ||
acknowledged a consent of one or both of the | ||
biological or legal parents of the child and an | ||
Illinois-licensed child welfare agency performing | ||
adoption services has counseled the biological or | ||
legal parent or parents of the child as to the birth | ||
parent rights and responsibilities under the Child | ||
Care Act of 1969 and the rules adopted thereunder. | ||
C. Nothing in this Section overrides the requirements | ||
contained in Public Act 94-586. | ||
(Source: P.A. 98-804, eff. 1-1-15; 99-49, eff. 7-15-15.)
| ||
(750 ILCS 50/11) (from Ch. 40, par. 1513)
| ||
Sec. 11. Consents, surrenders, waivers, irrevocability.
| ||
(a) A consent to adoption or standby adoption by a parent, | ||
including a
minor, executed and
acknowledged in accordance | ||
with the provisions of Section 10 of this Act, or
a surrender | ||
of a child by a parent, including a minor, to an agency for the
| ||
purpose of adoption shall be irrevocable unless it shall have | ||
been obtained
by fraud or duress on the part of the person | ||
before whom such consent,
surrender, or other document | ||
equivalent to a surrender is acknowledged
pursuant to the | ||
provisions of Section 10 of this Act or on the part of the
| ||
adopting parents or their agents and a court of competent | ||
jurisdiction
shall so find. No action to void or revoke a | ||
consent to or surrender for
adoption, including an action | ||
based on fraud or duress, may be commenced
after 12 months from | ||
the date the consent or surrender was executed.
The consent or | ||
surrender of a parent who is a minor shall
not be voidable | ||
because of such minority.
| ||
(a-1) A waiver signed by a putative or legal father, | ||
including a minor, executed and acknowledged in accordance | ||
with Section 10 of this Act, shall be irrevocable unless it | ||
shall have been obtained by fraud or duress on the part of the | ||
adopting parents or their agents and a court of competent | ||
jurisdiction shall so find. No action to void a waiver may be | ||
commenced after 12 months from the date the waiver was | ||
executed. The waiver of a putative or legal father who is a | ||
minor shall not be voidable because of such minority. | ||
(b) The petitioners in an adoption proceeding are entitled | ||
to rely upon a
sworn statement of the biological mother of the | ||
child to be adopted identifying
the father of her child. The | ||
affidavit shall be conclusive evidence as to the
biological | ||
mother regarding the facts stated therein, and shall create a
| ||
rebuttable presumption of truth as to the biological father | ||
only. Except as
provided in Section 11 of this Act, the | ||
biological mother of the child shall be
permanently barred | ||
from attacking the proceeding thereafter. The biological
| ||
mother, including a biological mother who is a petitioner, | ||
shall execute such affidavit in writing and under oath. The | ||
affidavit
shall be executed by the biological mother before or | ||
at the time of execution
of the consent or surrender, and shall | ||
be retained by the court and be a part
of the Court's files. | ||
The form of affidavit shall be substantially as follows:
| ||
AFFIDAVIT OF IDENTIFICATION
| ||
I, ................., the mother of a (male or female) | ||
child, state under
oath or affirm as follows:
| ||
(1) That the child was born, or is expected to be born, on | ||
(insert
date), at ......................., in
the State of | ||
...................
| ||
(2) That I reside at .................., in the City or | ||
Village of
..........., State of ...................
| ||
(3) That I am of the age of ....... years.
| ||
(4) That I acknowledge that I have been asked to identify | ||
the father of my
child.
| ||
(5) (CHECK ONE)
| ||
.... I know and am identifying the biological father.
| ||
.... I do not know the identity of the biological father.
| ||
.... I am unwilling to identify the biological father.
| ||
(6A) If I know and am identifying the father:
| ||
That the name of the biological father is | ||
....................; his last
known home address is | ||
............; his last known work address is
| ||
....................; and he is ..... years of age; or he is | ||
deceased, having
died on (insert date) at
.............., in | ||
the State of ..................
| ||
(6B) If I do not know the identity of the biological | ||
father:
| ||
I do not know who the biological father is; the following | ||
is
an explanation of why I am unable to identify him:
| ||
.............................................................
| ||
.............................................................
| ||
..............................................................
| ||
(6C) If I am unwilling to identify the biological father:
| ||
I do not wish to name the biological father of the child | ||
for the following
reasons:
| ||
.............................................................
| ||
.............................................................
| ||
.............................................................
| ||
(7) (CHECK ONE) | ||
.... I am married to the biological father. | ||
.... I am not and have not been married to the biological | ||
father within 300 days of the child's birth. | ||
.... The child has another legal parent who is not the | ||
biological parent (please explain): | ||
| . | ||
| .............................. | ||
| .............................. | ||
(8) Regarding whether a court order has been entered by | ||
any court finding any person to be the biological father or | ||
legal parent of the child: (CHECK ONE) | ||
.... No, a court order has not been entered. | ||
.... Yes, a court order has been entered and it is Case No. | ||
..... in the Circuit Court located in ............... County | ||
(if the case number and county is known). | ||
.... I do not know whether there are any court or other | ||
proceedings related to a finding of any person to be the | ||
biological father or legal parent of the child. | ||
(9) (7) The physical description of the biological father | ||
is:
.........................................................
| ||
.............................................................
| ||
.............................................................
| ||
(10) (8) I reaffirm that the information contained in this | ||
Affidavit paragraphs 5, 6, and 7,
inclusive, is true and | ||
correct.
| ||
(11) (9) I have been informed and understand that if I am | ||
unwilling, refuse to
identify, or misidentify the biological | ||
father of the child, absent fraud
or duress, I am permanently | ||
barred from attacking the proceedings for the
adoption of the | ||
child at any time after I sign a final and irrevocable
consent | ||
to adoption or surrender for purposes of adoption.
| ||
(12) (10) I have read this Affidavit and have had the | ||
opportunity to review and
question it; it was explained to me | ||
by ............................; and I am
signing it as my | ||
free and voluntary act and understand the contents and the
| ||
results of signing it.
| ||
Dated (insert date).
| ||
...................................
| ||
Signature
| ||
Under penalties as provided by law under Section 1-109 of | ||
the Code
of Civil Procedure, the undersigned certifies that | ||
the statements set
forth in this Affidavit are true and | ||
correct.
| ||
...................................
| ||
Signature
| ||
(Source: P.A. 97-493, eff. 8-22-11.)
| ||
(750 ILCS 50/13) (from Ch. 40, par. 1516)
| ||
Sec. 13. Interim order. As soon as practicable after the | ||
filing of a
petition for adoption the court shall hold a | ||
hearing for the following
purposes:
| ||
A. In other than an adoption of a related child or an | ||
adoption through
an agency, or of an adult:
| ||
(a) To determine the validity of the consent, provided | ||
that the
execution of a consent pursuant to this Act shall | ||
be prima facie evidence
of its validity, and provided that | ||
the validity of a consent shall not be
affected by the | ||
omission therefrom of the names of the petitioners or
| ||
adopting parents at the time the consent is executed or | ||
acknowledged, and
further provided that the execution of a | ||
consent prior to the filing of a
petition for adoption | ||
shall not affect its validity.
| ||
(b) To determine whether there is available suitable | ||
temporary custodial
care for a child sought to be adopted.
| ||
B. In all cases except standby adoptions and re-adoptions:
| ||
(a) The court shall appoint some licensed attorney | ||
other than the State's
attorney acting in his or her | ||
official capacity as guardian ad
litem to represent a | ||
child sought to be adopted. Such guardian ad litem
shall | ||
have power to consent to the adoption of the child, if such | ||
consent
is required. In the case of a related adoption | ||
where the child sought to be adopted is not a youth in | ||
care, the court shall have the discretion to waive the | ||
appointment of a guardian ad litem.
| ||
(b) The court shall appoint a guardian ad litem for | ||
all named minors or
defendants who are persons under legal | ||
disability, if any. In the case of a related adoption | ||
where the child sought to be adopted is not a youth in | ||
care, the court shall have the discretion to waive the | ||
appointment of a guardian ad litem.
| ||
(c) If the petition alleges a person to be unfit | ||
pursuant to the
provisions of subparagraph (p) of | ||
paragraph D of Section 1 of this Act,
such person shall be | ||
represented by counsel. If such person is indigent
or an | ||
appearance has not been entered on his behalf at the time | ||
the matter
is set for hearing, the court shall appoint as | ||
counsel for him either the
Guardianship and Advocacy | ||
Commission, the public defender, or, only if no
attorney | ||
from the Guardianship and Advocacy Commission or the | ||
public defender
is available, an attorney licensed to | ||
practice law in this State.
| ||
(d) If it is proved to the satisfaction of the court, | ||
after such
investigation as the court deems necessary, | ||
that termination of parental
rights and temporary | ||
commitment of the child to an agency or to a person
deemed | ||
competent by the court, including petitioners, will be for | ||
the
welfare of the child, the court may order the child to | ||
be so committed and
may terminate the parental rights of | ||
the parents and declare the child a
ward of the court or, | ||
if it is not so proved, the court may enter such
other | ||
order as it shall deem necessary and advisable.
| ||
(e) Before an interim custody order is granted under | ||
this
Section,
service of
summons shall be had upon the | ||
parent or parents whose rights have not been
terminated, | ||
except as provided in subsection (f). Reasonable notice | ||
and
opportunity to be heard shall be given to
the
parent or | ||
parents after service of summons when the address of the | ||
parent or
parents is available. The party seeking an | ||
interim custody order shall make
all reasonable efforts to | ||
locate the parent or parents of the child or children
they | ||
are seeking to adopt and to notify the parent or parents of | ||
the party's
request for an interim custody order pursuant | ||
to this Section.
| ||
(f) An interim custody order may be granted without | ||
notice upon
presentation to the court of a written | ||
petition, accompanied by an affidavit,
stating that
there | ||
is an immediate danger to the child and that irreparable | ||
harm will result
to the child if notice is given to the | ||
parent or parents or legal guardian.
Upon making a finding | ||
that there is an immediate danger to the child if
service | ||
of process is had upon and notice of hearing is given to | ||
the parent or
parents or
legal guardian prior to the entry | ||
of an order granting temporary custody to
someone other | ||
than a parent or legal guardian, the court may enter an | ||
order of
temporary custody which shall expire not more | ||
than 10 days after its entry.
Every ex parte custody order | ||
granted without notice shall state the injury
which the | ||
court sought to avoid by granting the order, the | ||
irreparable injury
that would have occurred had notice | ||
been given, and the reason the order was
granted without | ||
notice.
The matter shall be set down for full hearing | ||
before the expiration of the ex
parte order and will be | ||
heard after service of summons is had upon and notice
of | ||
hearing is given to the parent or parents or legal | ||
guardian.
At the hearing the burden of proof shall be upon | ||
the party seeking to extend
the interim custody order to | ||
show that the order was properly granted without
notice | ||
and that custody should remain with the party seeking to | ||
adopt during
the pendency of the adoption proceeding. If | ||
the interim custody order is
extended, the reasons for | ||
granting the extension shall be stated in the
order.
| ||
C. In the case of a child born outside the United States or | ||
a
territory thereof, if the petitioners have previously been | ||
appointed
guardians of such child by a court of competent | ||
jurisdiction in a country
other than the United States or a | ||
territory thereof, the court may order
that the petitioners | ||
continue as guardians of such child.
| ||
D. In standby adoption cases:
| ||
(a) The court shall appoint a licensed attorney other | ||
than the State's
Attorney
acting in his or her official | ||
capacity as guardian ad litem to represent a
child sought | ||
to be
adopted. The guardian ad litem shall have power to | ||
consent to the adoption of
the child,
if consent is | ||
required.
| ||
(b) The court shall appoint a guardian ad litem for | ||
all named minors or
defendants
who are persons under legal | ||
disability, if any. In the case of a related adoption | ||
where the child sought to be adopted is not a youth in | ||
care, the court shall have the discretion to waive the | ||
appointment of a guardian ad litem.
| ||
(c) The court lacks jurisdiction to proceed on the | ||
petition for standby
adoption if the child has a living | ||
parent, adoptive parent, or adjudicated
parent whose | ||
rights have not been terminated and whose whereabouts are | ||
known,
unless the parent consents to the standby adoption | ||
or, after
receiving notice of the hearing on the standby | ||
adoption petition, fails to
object to the appointment of a | ||
standby adoptive parent at the
hearing on the petition.
| ||
(d) The court shall investigate as needed for the | ||
welfare of the child and
shall
determine whether the | ||
petitioner or petitioners shall be permitted to adopt.
| ||
(Source: P.A. 99-49, eff. 7-15-15.)
| ||
(750 ILCS 50/14) (from Ch. 40, par. 1517)
| ||
Sec. 14. Judgment.
| ||
(a) Prior to the entry of the judgment for order of
| ||
adoption in any case other than an adoption of a related child | ||
or of an
adult, each petitioner and each
person, agency, | ||
association, corporation, institution, society or
organization | ||
involved in the adoption of the child, except a child welfare
| ||
agency, shall
execute an affidavit setting forth the hospital | ||
and medical costs, legal
fees, counseling fees, and any other | ||
fees or expenditures paid in accordance
with the Adoption | ||
Compensation Prohibition Act or Section 12C-70 of the Criminal | ||
Code of 2012.
| ||
(b) Before the entry of the judgment for adoption, each | ||
child welfare agency
involved in the adoption of the child | ||
shall file an affidavit concerning the
costs, expenses, | ||
contributions, fees, compensation, or other things of value
| ||
which have been given, promised, or received including but not | ||
limited to
hospital and medical costs, legal fees, social | ||
services, living expenses, or
any other expenses related to | ||
the adoption paid in accordance with the Adoption
Compensation | ||
Prohibition Act or Section 12C-70 of the Criminal Code of | ||
2012.
| ||
If the total amount paid by the child welfare agency is | ||
$4,500 or more, the
affidavit shall contain an itemization of | ||
expenditures.
| ||
If the total amount paid by the child welfare agency is | ||
less than $4,500, the
agency may file an unitemized affidavit | ||
stating that the total amount paid is
less than $4,500 unless | ||
the court, in its discretion, requires that agency to
file an | ||
itemized affidavit.
| ||
(c) No affidavit need be filed
in the case of an adoption | ||
of a related child or an adult, nor shall an
affidavit be | ||
required to be filed
by a non-consenting parent, or by any | ||
judge, or clerk, involved in an
official capacity in the | ||
adoption
proceedings.
| ||
(d) All affidavits filed in accordance with this Section | ||
shall be under penalty of perjury
and shall include, but are | ||
not limited to, hospital and medical
costs,
legal fees, social | ||
services, living expenses or any other expenses
related to the | ||
adoption or to the placement of the child, whether or not the
| ||
payments are permitted by applicable laws.
| ||
(e) Except as provided in subsections (f), (f-1), (f-2), | ||
and (f-5), upon Upon the expiration of 6 months after the date
| ||
of any interim order vesting temporary care, custody and | ||
control of a
child, other than a related child, in the | ||
petitioners, entered pursuant
to this Act, the petitioners may | ||
apply to the court for a judgment of
adoption. Notice of such | ||
application shall be served by the petitioners
upon the | ||
investigating agency or the person making such investigation,
| ||
and the guardian ad litem. After the hearing on such | ||
application, at
which the petitioners and the child shall | ||
appear in person, unless their
presence is waived by the court | ||
for good cause shown, the court may
enter a judgment for | ||
adoption, provided the court is
satisfied from the
report of | ||
the investigating agency or the person making the
| ||
investigation, and from the evidence, if any, introduced, that | ||
the
adoption is for the welfare of the child and that there is | ||
a valid
consent, or that no consent is required as provided in | ||
Section 8 of this
Act.
| ||
(f) A judgment for adoption of a related child, an adult, | ||
or a child as
to
whose adoption an agency or person authorized | ||
by law has the right of
authority to consent may be entered at | ||
any time after service of process
and after the return day | ||
designated therein.
| ||
(f-1) A judgment for adoption of an adult may be entered at | ||
any time after the adult has consented to the adoption. | ||
(f-2) A judgment for adoption of a child as to whose | ||
adoption an Illinois-licensed child welfare agency, or person | ||
authorized by law, has the right of authority to consent may be | ||
entered at any time after placement and completion of | ||
investigation as required by this Act. | ||
(f-5) A standby adoption judgment may be entered upon | ||
notice of the death
of the consenting parent
or upon the | ||
consenting parent's request that a final judgment for adoption
| ||
be entered. The notice must be provided to the court within 60 | ||
days after the
standby adoptive parent's receipt of knowledge | ||
of death of the consenting parent or the consenting parent's | ||
request that a
final judgment for adoption be entered. If the | ||
court finds that adoption is
for the welfare of the child and | ||
that there is a valid consent, including
consent for standby | ||
adoption, which is still in effect, or that no consent is
| ||
required under Section 8 of the Act, a judgment for adoption | ||
shall be entered
unless the court finds by clear and | ||
convincing evidence that it is no longer in
the best interest | ||
of the child for the adoption to be finalized.
| ||
(g) No special findings of fact or certificate of evidence | ||
shall be
necessary in any case to support the judgment.
| ||
(h) Only the circuit court that entered the judgment of | ||
the adoption may
order the issuance of any contents of the | ||
court file or that the original
birth record of the adoptee be | ||
provided to any persons.
| ||
(Source: P.A. 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)
| ||