| ||||
Public Act 103-0501 | ||||
| ||||
| ||||
AN ACT concerning children.
| ||||
Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
| ||||
Section 10. The Abandoned Newborn Infant Protection Act is | ||||
amended by changing Sections 5, 10, 20, 22, 35, 37, 40, 45, 50, | ||||
55, 60, and 65 as follows:
| ||||
(325 ILCS 2/5)
| ||||
Sec. 5. Public policy. Illinois recognizes that newborn
| ||||
infants have been abandoned to the environment or to other
| ||||
circumstances that may be unsafe to the newborn infant. These
| ||||
circumstances have caused injury and death to newborn infants | ||||
and
give rise to potential civil or criminal liability to | ||||
parents who may be under
severe emotional distress.
It is | ||||
recognized that establishing an adoption
plan is preferable to | ||||
relinquishing a child using the procedures outlined in
this | ||||
Act, but to reduce the
chance of injury to a newborn infant, | ||||
this Act provides a safer
alternative. This Act is intended to | ||||
provide a mechanism for a newborn infant to be
relinquished to | ||||
a safe environment and for the parents of the infant
to remain | ||||
anonymous if they choose and to avoid civil or criminal | ||||
liability for
the act of
relinquishing the infant. It is | ||||
recognized that establishing an adoption
plan is preferable to | ||||
relinquishing a child using the procedures outlined in
this |
Act, but to reduce the
chance of injury to a newborn infant, | ||
this Act provides a safer
alternative.
| ||
A public information campaign on this delicate issue shall | ||
be implemented to
encourage parents considering abandonment of | ||
their newborn child to relinquish
the child under the | ||
procedures outlined in this Act, to choose a traditional
| ||
adoption plan, or to parent a child themselves rather than | ||
place the newborn
infant in harm's way.
| ||
(Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01 .)
| ||
(325 ILCS 2/10)
| ||
Sec. 10. Definitions. In this Act:
| ||
"Abandon" has the same meaning as in the Abused and | ||
Neglected
Child Reporting Act.
| ||
"Abused child" has the same meaning as in the Abused and | ||
Neglected
Child Reporting Act.
| ||
" Child welfare Child-placing agency" means an Illinois a | ||
licensed public or private agency
that receives a child for | ||
the purpose of placing or arranging
for the placement of the | ||
child in a foster or pre-adoptive family home or
other | ||
facility for child care, apart from the custody of the child's
| ||
parents.
| ||
"Department" or "DCFS" means the Illinois Department of | ||
Children and
Family Services.
| ||
"Emergency medical facility" means a freestanding | ||
emergency center or
trauma center, as defined in the Emergency |
Medical Services (EMS) Systems
Act.
| ||
"Emergency medical professional" includes licensed | ||
physicians, and any
emergency medical technician, emergency | ||
medical
technician-intermediate, advanced emergency medical | ||
technician, paramedic,
trauma nurse specialist, and | ||
pre-hospital registered nurse, as defined in the
Emergency | ||
Medical Services (EMS) Systems Act.
| ||
"Fire station" means a fire station within the State with | ||
at least one staff person.
| ||
"Hospital" has the same meaning as in the Hospital | ||
Licensing Act.
| ||
"Legal custody" means the relationship created by a court | ||
order in
the best interest of a newborn infant that imposes on | ||
the infant's custodian
the responsibility of physical | ||
possession of the infant, the duty to
protect, train, and | ||
discipline the infant, and the duty to provide the infant
with | ||
food,
shelter, education, and medical care, except as these | ||
are limited by
parental rights and responsibilities.
| ||
"Neglected child" has the same meaning as in the Abused | ||
and
Neglected Child Reporting Act.
| ||
"Newborn infant" means a child who a licensed physician | ||
reasonably
believes is 30 days old or less at the time the | ||
child is
initially relinquished to a hospital, police station, | ||
fire station, or
emergency
medical facility, and who is not an | ||
abused or a neglected child.
| ||
"Parent" or "biological parent" or "birth parent" means a |
person who has established maternity or paternity of the | ||
newborn infant through genetic testing. | ||
"Police station" means a municipal police station, a | ||
county sheriff's
office, a campus police department located on | ||
any college or university owned or controlled by the State or | ||
any private college or private university that is not owned or | ||
controlled by the State when employees of the campus police | ||
department are present, or any of the district headquarters of | ||
the Illinois State Police.
| ||
"Relinquish" means to bring a newborn infant, who a
| ||
licensed physician reasonably believes is 30 days old or less,
| ||
to a hospital, police station, fire station, or emergency | ||
medical facility
and
to leave the infant with personnel of the | ||
facility, if the person leaving the
infant does not express an | ||
intent to return for the
infant or states that he or she will | ||
not return for the infant.
In the case of a mother who gives | ||
birth to an infant in a hospital,
the mother's act of leaving | ||
that newborn infant at the
hospital (i) without expressing an | ||
intent to return for the infant or (ii)
stating that she will | ||
not return for the infant is not a "relinquishment" under
this | ||
Act.
| ||
"Temporary protective custody" means the temporary | ||
placement of
a newborn infant within a hospital or other | ||
medical facility out of the
custody of the infant's parent.
| ||
(Source: P.A. 97-293, eff. 8-11-11; 98-973, eff. 8-15-14.)
|
(325 ILCS 2/20)
| ||
Sec. 20. Procedures with respect to relinquished newborn
| ||
infants.
| ||
(a) Hospitals. Every hospital must accept and
provide all | ||
necessary emergency services and care to a relinquished
| ||
newborn infant, in accordance with this Act.
The hospital | ||
shall examine a relinquished newborn infant and perform tests
| ||
that, based on reasonable medical judgment, are appropriate in | ||
evaluating
whether the relinquished newborn infant was abused | ||
or neglected.
| ||
The act of relinquishing a newborn infant serves as | ||
implied
consent for the hospital and its medical personnel and | ||
physicians on
staff to treat and provide care for the
infant.
| ||
The hospital shall be deemed to have temporary protective | ||
custody of a
relinquished newborn
infant until the infant is | ||
discharged to the custody of a
child welfare child-placing | ||
agency or the Department.
The hospital shall provide all | ||
available medical records and information to the Department | ||
and the child welfare agency that has accepted the referral of | ||
the infant in accordance with Section 50.
| ||
(b) Fire stations and emergency medical facilities. Every | ||
fire
station and emergency medical facility must accept and
| ||
provide all necessary emergency services and care to a | ||
relinquished
newborn infant, in accordance with this Act.
| ||
The act of relinquishing a newborn infant serves as | ||
implied
consent for the fire station or emergency medical |
facility and
its emergency medical professionals to treat and | ||
provide care for the
infant, to the extent that those | ||
emergency medical professionals are trained
to
provide those | ||
services.
| ||
After the relinquishment of a newborn infant to a fire | ||
station or
emergency medical facility, the fire station or | ||
emergency medical
facility's personnel must arrange for the | ||
transportation of the
infant to the nearest hospital as soon | ||
as
transportation can be arranged.
| ||
If the person who relinquished or a person claiming to be | ||
the parent of a newborn infant returns to reclaim the
infant | ||
child within 30 days 72 hours after the infant was | ||
relinquished relinquishing the child to a fire station or
| ||
emergency
medical facility, the fire station or emergency | ||
medical facility must inform
such person the parent of the | ||
name and location of the hospital to which the infant was
| ||
transported.
| ||
(c) Police stations. Every police station must accept a | ||
relinquished
newborn
infant, in accordance with this Act. | ||
After the relinquishment of a newborn
infant to a
police | ||
station, the police station must arrange for the | ||
transportation of the
infant to the
nearest hospital as soon | ||
as transportation can be arranged.
The act of relinquishing a
| ||
newborn infant serves as implied consent for the hospital to | ||
which the infant
is
transported and that hospital's medical | ||
personnel and physicians on staff to
treat and
provide care |
for the infant.
| ||
If the person who relinquished or a person claiming to be | ||
the parent of a newborn infant returns to reclaim the infant | ||
within 30 days 72
hours after
the infant was relinquished | ||
relinquishing the infant to a police station,
the police | ||
station must inform such person the parent of the
name and | ||
location of the hospital to which the infant was transported.
| ||
(Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01; | ||
93-820, eff. 7-27-04 .)
| ||
(325 ILCS 2/22) | ||
Sec. 22. Signage Signs . Every hospital, fire station, | ||
emergency medical facility, and police station that is | ||
required to accept a relinquished newborn infant in accordance | ||
with this Act must post, either by physical or electronic | ||
means, a sign in a conspicuous place on the exterior of the | ||
building housing the facility informing persons that a newborn | ||
infant may be relinquished at the facility in accordance with | ||
this Act. The Department shall prescribe specifications for | ||
the signs and for their placement that will ensure statewide | ||
uniformity. | ||
This Section does not apply to a hospital, fire station, | ||
emergency medical facility, or police station that has a sign | ||
that is consistent with the requirements of this Section that | ||
is posted on the effective date of this amendatory Act of the | ||
95th General Assembly.
|
(Source: P.A. 102-4, eff. 4-27-21.) | ||
(325 ILCS 2/35)
| ||
Sec. 35. Information for relinquishing person. | ||
(a) The A hospital, police
station, fire station,
or | ||
emergency
medical facility that receives a newborn infant | ||
relinquished in accordance with
this
Act shall must offer an | ||
information packet to the relinquishing person information | ||
about the relinquishment process and, either in writing or by | ||
referring such person to a website or other electronic | ||
resource, such information shall state if
possible, must | ||
clearly inform the relinquishing person that his or her
| ||
acceptance of the
information is completely voluntary. The
| ||
information packet must include all of
the following:
| ||
(1) (Blank).
| ||
(2) Written notice of the following:
| ||
(A) No sooner than 60 days following the date of | ||
the
initial relinquishment of the infant to a | ||
hospital, police station,
fire station, or emergency | ||
medical facility, the child welfare child-placing | ||
agency or the
Department will
commence proceedings for | ||
the termination of
parental rights and placement of | ||
the infant for
adoption.
| ||
(B) Failure of a parent of the
infant to contact | ||
the Department and
petition for the return of custody | ||
of the
infant before termination of parental rights
|
bars any future action asserting legal rights
with | ||
respect to the infant.
| ||
(3) A resource list of providers of counseling
| ||
services including grief counseling, pregnancy counseling, | ||
and
counseling regarding adoption and other available | ||
options for placement of the
infant.
| ||
Upon request of a parent, the Department of Public Health | ||
shall provide the
application forms for the Illinois Adoption | ||
Registry and Medical Information
Exchange.
| ||
(b) The information offered packet given to a | ||
relinquishing person parent in accordance with this Act shall | ||
include, in addition to other information required under this | ||
Act, the following: | ||
(1) Information A brochure (with a self-mailer | ||
attached) that describes this Act and the rights of birth | ||
parents, including an option optional section for the | ||
parent to complete and mail to the Department of Children | ||
and Family Services a form , that shall ask for basic | ||
anonymous background information about the relinquished | ||
child. This form brochure shall be maintained by the | ||
Department on its website. | ||
(2) Information about A brochure that describes the | ||
Illinois Adoption Registry, including a toll-free number | ||
and website information. This brochure shall be maintained | ||
on the Office of Vital Records website. | ||
(3) Information about a mother's A brochure describing |
postpartum health information for the mother . | ||
The information provided in writing or through electronic | ||
means packet shall be designed in coordination between the | ||
Office of Vital Records and the Department of Children and | ||
Family Services . The Failure to provide such information under | ||
this Section or the failure of the relinquishing person to | ||
accept such information shall not invalidate the | ||
relinquishment under this Act. , with the exception of the | ||
resource list of providers of counseling services and adoption | ||
agencies, which shall be provided by the hospital, fire | ||
station, police station, sheriff's office, or emergency | ||
medical facility. | ||
(Source: P.A. 96-1114, eff. 7-20-10; 97-333, eff. 8-12-11.)
| ||
(325 ILCS 2/37) | ||
Sec. 37. Public disclosure of information prohibited. | ||
Emergency medical professionals, employees, or other persons | ||
engaged in the administration or operation of a fire station, | ||
police station, hospital, emergency medical facility, child | ||
welfare child placing agency, or the Department where a | ||
newborn infant baby has been relinquished or transferred under | ||
this Act, are prohibited from publicly disclosing any | ||
information concerning the relinquishment of the infant and | ||
the individuals involved, except as otherwise provided by law.
| ||
(Source: P.A. 95-549, eff. 6-1-08 .) |
(325 ILCS 2/40)
| ||
Sec. 40. Reporting requirements.
| ||
(a) Within 12 hours after accepting a newborn infant
from | ||
a relinquishing person or from a police station, fire station, | ||
or
emergency medical
facility in accordance with this Act, a | ||
hospital must report to the
Department's State Central | ||
Registry for the purpose of transferring
physical custody of | ||
the infant from the hospital to either a
child welfare | ||
child-placing agency or the Department.
| ||
(b) Within 24 hours after receiving a report under | ||
subsection (a), the
Department must request assistance from | ||
law enforcement
officials to investigate the matter using the | ||
National Crime Information Center
to ensure that the | ||
relinquished newborn infant is not a missing
child.
| ||
(c) Once a hospital has made a report to the Department
| ||
under subsection (a), the
Department must
arrange for
a | ||
licensed child welfare child-placing agency to accept physical | ||
custody of the relinquished
newborn infant.
| ||
(d) If a relinquished child is not a newborn infant as | ||
defined
in this Act, the hospital and the Department must | ||
proceed as if the child is an
abused or neglected child.
| ||
(Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01; | ||
93-820, eff. 7-27-04 .)
| ||
(325 ILCS 2/45)
| ||
Sec. 45. Medical assistance. Notwithstanding any other |
provision of
law, a newborn infant relinquished in accordance | ||
with this Act shall be deemed
eligible for medical assistance | ||
under
the Illinois Public Aid Code, and a hospital
providing | ||
medical services to such an infant shall be reimbursed for | ||
those
services in accordance with the payment
methodologies | ||
authorized under that
Code. In addition, for
any day that a | ||
hospital has custody of a newborn infant
relinquished in | ||
accordance with this Act and the infant does not require
| ||
medically necessary care, the hospital shall be reimbursed by | ||
the
Department of Healthcare and Family Services at the | ||
general acute care per diem rate, in accordance
with 89 Ill. | ||
Adm. Code 148.270(c). The hospital shall complete and submit | ||
an application for medical assistance provided under Article V | ||
of the Illinois Public Aid Code on behalf of the infant. The | ||
Department of Healthcare and Family Services may adopt rules | ||
in accordance with this Section.
| ||
(Source: P.A. 95-331, eff. 8-21-07.)
| ||
(325 ILCS 2/50)
| ||
Sec. 50. Child welfare Child-placing agency procedures.
| ||
(a) The Department's
State Central Registry must maintain | ||
a list of licensed child welfare child-placing
agencies | ||
willing to take legal custody of newborn infants relinquished
| ||
in accordance with this Act. The
child welfare child-placing | ||
agencies on the list must be contacted by the
Department on a | ||
rotating basis upon notice from a hospital
that a newborn |
infant has been
relinquished in accordance with this Act.
| ||
(b) Upon notice from the Department that a newborn infant | ||
has
been relinquished in accordance with this Act, a child | ||
welfare child-placing
agency must accept the newborn infant if | ||
the agency has the accommodations to
do
so. The
child welfare | ||
child-placing agency must seek an order for legal custody of | ||
the
infant upon its acceptance of the infant.
| ||
(c) Within 3 business days after accepting the referral | ||
from the Department assuming physical custody of the infant ,
| ||
the child welfare child-placing agency shall file a
petition
| ||
for custody in the division of the
circuit court in which | ||
petitions for adoption would normally be
heard. The petition | ||
for custody shall allege that the newborn infant has been | ||
relinquished
in accordance with this Act and shall request | ||
state that the child welfare child-placing agency
be given the | ||
authority intends to place the infant in an adoptive home , | ||
foster home, child care facility, or other facility | ||
appropriate for the needs of the infant. No filing or | ||
appearance fees shall be charged to any petitioner .
| ||
(d) If no licensed child welfare child-placing agency is | ||
able to accept the
relinquished newborn infant, then the | ||
Department must assume
responsibility for the infant as soon | ||
as practicable.
| ||
(e) A custody order issued under subsection (b) shall | ||
grant the child welfare agency the authority to make medical | ||
and health-related decisions for the infant. The order shall |
remain in
effect until a final adoption order based on the | ||
relinquished newborn
infant's best interests is issued in | ||
accordance with this Act and the Adoption
Act.
| ||
(f) When possible, the child welfare child-placing agency | ||
must place a
relinquished newborn infant in a prospective | ||
adoptive home.
| ||
(g) The Department or child welfare child-placing agency | ||
must initiate proceedings to (i)
terminate the parental rights | ||
of the relinquished newborn infant's
known or unknown parents, | ||
(ii) appoint a guardian for the infant, and
(iii) obtain | ||
consent to the infant's adoption in accordance with this
Act | ||
no sooner than 60 days following the date of the initial
| ||
relinquishment of the infant to the hospital, police station, | ||
fire station,
or
emergency medical facility.
| ||
(h) Before filing a petition for termination of parental
| ||
rights, the Department or child welfare child-placing agency | ||
must do the following:
| ||
(1) If the name of either the biological parent is | ||
known, search the Illinois Search its Putative Father | ||
Registry for the purpose of
determining the identity and | ||
location of the putative father of
the relinquished | ||
newborn infant who is, or is expected to be, the
subject of | ||
an adoption proceeding, in order to provide notice of
the | ||
proceeding to the putative father. At least one search of | ||
the
Registry must be conducted, at least 30 days after the
| ||
relinquished newborn infant's estimated date of birth; |
earlier
searches may be conducted, however. Notice to any | ||
potential
putative father discovered in a search of the | ||
Registry according
to the estimated age of the | ||
relinquished newborn infant must be
in accordance with the | ||
Code of Civil Procedure or Section 12a of the Adoption | ||
Act.
If the names of all the alleged parents are unknown, | ||
then a search is not required under this Section.
| ||
(2) Verify with the Department that, in accordance | ||
with subsection (b) of Section 40, with law enforcement | ||
officials, using the National Crime
Information Center,
| ||
that the relinquished newborn infant is not a missing | ||
child.
| ||
(Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01; | ||
93-820, eff. 7-27-04 .)
| ||
(325 ILCS 2/55)
| ||
Sec. 55. Petition for return of custody.
| ||
(a) A parent or person claiming to be a parent of a newborn | ||
infant relinquished
in accordance with this Act may petition | ||
for the return of custody of
the infant before the termination | ||
of parental
rights with respect to the infant.
| ||
(b) A parent of a newborn infant relinquished
in | ||
accordance with this Act may petition for the return of | ||
custody of
the infant by contacting the Department
for the | ||
purpose of obtaining the name of the child welfare | ||
child-placing agency with custody of the infant and the |
appropriate court in which the petition for return of custody | ||
of the infant must be filed, and then
filing
a petition for | ||
return of custody in the circuit court in which the
proceeding | ||
for the termination of parental rights is pending.
No filing | ||
fees or appearance fees shall be charged to any petitioner.
| ||
(c) (Blank). If a petition for the termination of parental | ||
rights has not
been filed by the Department or the | ||
child-placing agency, the parent of the
relinquished newborn | ||
infant must contact the Department, which must
notify the | ||
parent of the appropriate court in which
the petition for | ||
return of custody must be filed.
| ||
(d) The circuit court may hold the proceeding for the | ||
termination of
parental rights in abeyance for a period not to | ||
exceed 60 days from the date
that the petition for return of | ||
custody was filed without a
showing of good cause. During that | ||
period:
| ||
(1) The court shall order genetic testing to establish | ||
maternity
or
paternity, or both.
| ||
(2) The Department shall conduct a child protective | ||
investigation and home
study to develop recommendations to | ||
the court.
| ||
(3) When indicated as a result of the Department's | ||
investigation and home
study, further proceedings under | ||
the Juvenile Court Act of 1987 as the court
determines | ||
appropriate, may be conducted. However,
relinquishment of
| ||
a newborn infant
in accordance with this Act does not |
render the infant abused,
neglected, or abandoned solely | ||
because the newborn infant was relinquished to a
hospital, | ||
police station, fire station, or emergency medical | ||
facility in
accordance with this
Act.
| ||
(4) The court shall appoint a guardian ad litem to | ||
represent the interests of the infant. | ||
(e) Failure to file a petition for the return of custody of | ||
a
relinquished newborn infant before the termination
of | ||
parental rights
bars any future action asserting legal rights | ||
with respect to the
infant unless the parent's act
of | ||
relinquishment that led to the termination of parental rights
| ||
involved fraud perpetrated against and not stemming from or | ||
involving
the parent of the newborn infant . No
action to void | ||
or revoke the termination of parental rights of a parent
of a | ||
newborn infant relinquished in accordance with
this Act, | ||
including an action based on fraud, may be commenced after 12
| ||
months after the date that the newborn infant was initially
| ||
relinquished to a hospital, police station, fire station, or | ||
emergency
medical
facility.
| ||
(Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01; | ||
93-820, eff. 7-27-04 .)
| ||
(325 ILCS 2/60)
| ||
Sec. 60. Department's duties. The Department must | ||
implement a
public information program to promote safe | ||
placement alternatives for newborn
infants. The public |
information program must inform the public of the
following:
| ||
(1) The relinquishment alternative provided for in | ||
this
Act, which results in the adoption of a newborn | ||
infant relinquished under 30 7 days of age
and which
| ||
provides for the parent's
anonymity, if the parent so | ||
chooses.
| ||
(2) The alternative of adoption
through a public or | ||
private agency, in which the parent's identity may or may
| ||
not be known to the agency, but is kept anonymous from the | ||
adoptive parents, if
the birth parent so desires, and | ||
which allows the parent to be actively
involved in the | ||
child's adoption plan.
| ||
The public information program may include, but
need
not | ||
be limited to, the
following elements:
| ||
(i) Educational and informational materials in print, | ||
audio, video,
electronic or other media.
| ||
(ii) Establishment of a web site.
| ||
(iii) Public service announcements and advertisements.
| ||
(iv) Establishment of toll-free
telephone
hotlines to | ||
provide information.
| ||
(Source: P.A. 94-941, eff. 6-26-06.)
| ||
(325 ILCS 2/65)
| ||
Sec. 65. Evaluation.
| ||
(a) The Department shall collect and analyze
information | ||
regarding the relinquishment of newborn infants and placement |
of
children under this Act. Police stations, fire stations, | ||
emergency medical
facilities, and
medical professionals | ||
accepting and providing services to a newborn infant
under | ||
this Act shall report to the Department data necessary for the | ||
Department
to evaluate and determine the effect of this Act in | ||
the prevention of injury
or death of newborn infants. Child | ||
welfare Child-placing agencies shall report to the
Department | ||
data necessary to evaluate and determine the effectiveness of | ||
these
agencies in providing child protective and child welfare | ||
services to newborn
infants relinquished under this Act.
| ||
(b) The information collected shall include,
but need not | ||
be limited to: the number of newborn infants relinquished; the | ||
category of the place of relinquishment (hospital, police | ||
station, fire station, or emergency medical facility); the
| ||
services provided to relinquished newborn infants; the outcome
| ||
of care for the relinquished newborn infants; the number and | ||
disposition of
cases of relinquished newborn infants subject | ||
to placement; the number of
children accepted and served by | ||
child welfare child-placing agencies; and the services
| ||
provided by child welfare child-placing agencies and the | ||
disposition of the cases of the
children placed under this | ||
Act.
| ||
(c) The Department shall submit a report by
January 1, | ||
2002, and on January 1 of each
year thereafter, to the Governor | ||
and General Assembly regarding the prevention
of injury or | ||
death of newborn infants and the effect of placements of |
children
under this Act. The report shall include, but need | ||
not be limited to, a
summary of
collected data, an analysis of | ||
the data and conclusions regarding the Act's
effectiveness, a | ||
determination whether the purposes of the Act are being
| ||
achieved,
and recommendations for changes that may be | ||
considered necessary to improve the
administration and | ||
enforcement of this Act.
| ||
(Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01; | ||
93-820, eff. 7-27-04 .)
| ||
Section 15. The Immunization Data Registry Act is amended | ||
by changing Section 20 as follows: | ||
(410 ILCS 527/20)
| ||
Sec. 20. Confidentiality of information; release of | ||
information; statistics;
panel on expanding access.
| ||
(a) Records maintained as part of the immunization data
| ||
registry are confidential.
| ||
(b) The Department may release an individual's | ||
confidential
information to the individual or to the | ||
individual's parent or guardian
if the individual is less than | ||
18 years of age.
| ||
(c) Subject to subsection (d) of this Section, the | ||
Department may release
information in the immunization data | ||
registry concerning an
individual to the following entities:
| ||
(1) The immunization data registry of another state.
|
(2) A health care provider or a health care provider's | ||
designee.
| ||
(3) A local health department.
| ||
(4) An elementary or secondary school that is attended | ||
by the
individual.
| ||
(5) A licensed child care center in
which the | ||
individual is enrolled.
| ||
(6) A licensed child welfare child-placing agency.
| ||
(7) A college or university that is
attended by the | ||
individual.
| ||
(8) The Department of Healthcare and Family Services | ||
or a managed care entity contracted with the Department of | ||
Healthcare and Family Services to coordinate the provision | ||
of medical care to enrollees of the medical assistance | ||
program. | ||
(d) Before immunization data may be released to an entity, | ||
the
entity must enter into an agreement with the Department | ||
that
provides that information that identifies a patient will | ||
not be released
to any other person without the written | ||
consent of the patient.
| ||
(e) The Department may release summary statistics | ||
regarding
information in the immunization data registry if the | ||
summary
statistics do not reveal the identity of an | ||
individual.
| ||
(Source: P.A. 97-117, eff. 7-14-11; 98-651, eff. 6-16-14.) |
Section 20. The Illinois Parentage Act of 2015 is amended | ||
by changing Section 602 as follows: | ||
(750 ILCS 46/602) | ||
Sec. 602. Standing. A complaint to adjudicate parentage | ||
shall be verified, shall be designated a petition, and shall | ||
name the person or persons alleged to be the parent of the | ||
child. Subject to Article 3 and Sections 607, 608, and 609 of | ||
this Act, a proceeding to adjudicate parentage may be | ||
maintained by: | ||
(a) the child;
| ||
(b) the mother of the child;
| ||
(c) a pregnant woman; | ||
(d) a man presumed or alleging himself to be the | ||
parent of the child; | ||
(e) a woman presumed or alleging herself to be the | ||
parent of the child; | ||
(f) the support-enforcement agency or other | ||
governmental agency authorized by other law;
| ||
(g) any person or public agency that has physical | ||
possession of or has custody of or has been allocated | ||
parental responsibilities for, is providing financial | ||
support to, or has provided financial support to the | ||
child; | ||
(h) the Department of Healthcare and Family Services | ||
if it is providing, or has provided, financial support to |
the child or if it is assisting with child support | ||
collections services; | ||
(i) an authorized adoption agency or licensed child | ||
welfare child-placing agency; | ||
(j) a representative authorized by law to act for an | ||
individual who would otherwise be entitled to maintain a | ||
proceeding but who is deceased, incapacitated, or a minor; | ||
or | ||
(k) an intended parent.
| ||
(Source: P.A. 99-85, eff. 1-1-16; 99-769, eff. 1-1-17 .) | ||
Section 25. The Adoption Act is amended by changing | ||
Sections 4.1 and 10 as follows:
| ||
(750 ILCS 50/4.1) (from Ch. 40, par. 1506)
| ||
Sec. 4.1. Adoption between multiple jurisdictions. It is | ||
the public policy of this State to promote child welfare in | ||
adoption between multiple jurisdictions by implementing | ||
standards that foster permanency for children in an | ||
expeditious manner while considering the best interests of the | ||
child as paramount. Ensuring that standards for | ||
interjurisdictional adoption are clear and applied | ||
consistently, efficiently, and reasonably will promote the | ||
best interests of the child in finding a permanent home. | ||
(a) The Department of Children and Family Services shall | ||
promulgate rules regarding the approval and regulation of |
agencies providing, in this State, adoption services, as | ||
defined in Section 2.24 of the Child Care Act of 1969, which | ||
shall include, but not be limited to, a requirement that any | ||
agency shall be licensed in this State as a child welfare | ||
agency as defined in Section 2.08 of the Child Care Act of | ||
1969. Any out-of-state agency, if not licensed in this State | ||
as a child welfare agency, must obtain the approval of the | ||
Department in order to act as a sending agency, as defined in | ||
Section 1 of the Interstate Compact on Placement of Children | ||
Act, seeking to place a child into this State through a | ||
placement subject to the Interstate Compact on the Placement | ||
of Children. An out-of-state agency, if not licensed in this | ||
State as a child welfare agency, is prohibited from providing | ||
in this State adoption services, as defined by Section 2.24 of | ||
the Child Care Act of 1969; shall comply with Section 12C-70 of | ||
the Criminal Code of 2012; and shall provide all of the | ||
following to the Department: | ||
(1) A copy of the agency's current license or other | ||
form of authorization from the approving authority in the | ||
agency's state. If no license or authorization is issued, | ||
the agency must provide a reference statement, from the | ||
approving authority, stating that the agency is authorized | ||
to place children in foster care or adoption or both in its | ||
jurisdiction. | ||
(2) A description of the program, including home | ||
studies, placements, and supervisions, that the child |
welfare child placing agency conducts within its | ||
geographical area, and, if applicable, adoptive placements | ||
and the finalization of adoptions. The child welfare child | ||
placing agency must accept continued responsibility for | ||
placement planning and replacement if the placement fails. | ||
(3) Notification to the Department of any significant | ||
child welfare child placing agency changes after approval. | ||
(4) Any other information the Department may require. | ||
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) (Blank). | ||
(b) Interstate adoptions. | ||
(1) All interstate adoption placements under this Act | ||
shall comply with the Child Care Act of 1969 and the | ||
Interstate Compact on
the Placement of Children. The | ||
placement of children with relatives by the Department of | ||
Children and Family Services shall also comply with | ||
subsection (b) of Section 7 of the Children and Family | ||
Services Act. The Department may promulgate rules to | ||
implement interstate adoption placements, including those | ||
requirements set forth in this Section. | ||
(2) If an adoption is finalized prior to bringing or | ||
sending a child to this State, compliance with the |
Interstate Compact on the Placement of Children is not | ||
required. | ||
(3) Approval requirements. The Department shall | ||
promulgate procedures for interstate adoption placements | ||
of children under this Act. No later than September 24, | ||
2017 (30 days after the effective date of Public Act | ||
100-344), the Department shall distribute a written list | ||
of all preadoption approval requirements to all Illinois | ||
licensed child welfare agencies performing adoption | ||
services, and all out-of-state agencies approved under | ||
this Section, and shall post the requirements on the | ||
Department's website. The Department may not require any | ||
further preadoption requirements other than those set | ||
forth in the procedures required under this paragraph. The | ||
procedures shall reflect the standard of review as stated | ||
in the Interstate Compact on the Placement of Children and | ||
approval shall be given by the Department if the placement | ||
appears not to be contrary to the best interests of the | ||
child.
| ||
(4) Time for review and decision. In all cases where | ||
the child to be placed is not a youth in care in Illinois | ||
or any other state, a provisional or final approval for | ||
placement shall be provided in writing from the Department | ||
in accordance with the Interstate Compact on the Placement | ||
of Children. Approval or denial of the placement must be | ||
given by the Department as soon as practicable, but in no |
event more than 3 business days of the receipt of the | ||
completed referral packet by the Department's Interstate | ||
Compact Administrator. Receipt of the packet shall be | ||
evidenced by the packet's arrival at the address | ||
designated by the Department to receive such referrals. | ||
The written decision to approve or deny the placement | ||
shall be communicated in an expeditious manner, including, | ||
but not limited to, electronic means referenced in | ||
paragraph (b)(7) of this Section, and shall be provided to | ||
all Illinois licensed child welfare agencies involved in | ||
the placement, all out-of-state child placing agencies | ||
involved in the placement, and all attorneys representing | ||
the prospective adoptive parent or biological parent. If, | ||
during its initial review of the packet, the Department | ||
believes there are any incomplete or missing documents, or | ||
missing information, as required in paragraph (b)(3), the | ||
Department shall, as soon as practicable, but in no event | ||
more than 2 business days of receipt of the packet, | ||
communicate a list of any incomplete or missing documents | ||
and information to all Illinois licensed child welfare | ||
agencies involved in the placement, all out-of-state child | ||
placing agencies involved in the placement, and all | ||
attorneys representing the adoptive parent or biological | ||
parent. This list shall be communicated in an expeditious | ||
manner, including, but not limited to, electronic means | ||
referenced in paragraph (b)(7) of this Section. |
(5) Denial of approval. In all cases where the child | ||
to be placed is not a youth in the care of any state, if | ||
the Department denies approval of an interstate placement, | ||
the written decision referenced in paragraph (b)(4) of | ||
this Section shall set forth the reason or reasons why the | ||
placement was not approved and shall reference which | ||
requirements under paragraph (b)(3) of this Section were | ||
not met. The written decision shall be communicated in an | ||
expeditious manner, including, but not limited to, | ||
electronic means referenced in paragraph (b)(7) of this | ||
Section, to all Illinois licensed child welfare agencies | ||
involved in the placement, all out-of-state child placing | ||
agencies involved in the placement, and all attorneys | ||
representing the prospective adoptive parent or biological | ||
parent. | ||
(6) Provisional approval. Nothing in paragraphs (b)(3) | ||
through (b)(5) of this Section shall preclude the | ||
Department from issuing provisional approval of the | ||
placement pending receipt of any missing or incomplete | ||
documents or information. | ||
(7) Electronic communication. All communications | ||
concerning an interstate placement made between the | ||
Department and an Illinois licensed child welfare agency, | ||
an out-of-state child placing agency, and attorneys | ||
representing the prospective adoptive parent or biological | ||
parent, including the written communications referenced in |
this Section, may be made through any type of electronic | ||
means, including, but not limited to, electronic mail. | ||
(c) Intercountry adoptions. The adoption of a child, if | ||
the child is a habitual resident of a country other than the | ||
United States and the petitioner is a habitual resident of the | ||
United States, or, if the child is a habitual resident of the | ||
United States and the petitioner is a habitual resident of a | ||
country other than the United States, shall comply with the | ||
Intercountry Adoption Act of 2000, as amended, and the | ||
Immigration and Nationality Act, as amended. In the case of an | ||
intercountry adoption that requires oversight by the adoption | ||
services governed by the Intercountry Adoption Universal | ||
Accreditation Act of 2012, this State shall not impose any | ||
additional preadoption requirements.
| ||
(d) (Blank).
| ||
(e) Re-adoption after an intercountry adoption. | ||
(1) Any time after a minor child has been adopted in a | ||
foreign country and has immigrated to the United States, | ||
the adoptive parent or parents of the child may petition | ||
the court for a judgment of adoption to re-adopt the child | ||
and confirm the foreign adoption decree. | ||
(2) The petitioner must submit to the court one or | ||
more of the following to verify the foreign adoption: | ||
(i) an immigrant visa for the child issued by | ||
United States Citizenship and Immigration Services of | ||
the U.S. Department of Homeland Security that was |
valid at the time of the child's immigration; | ||
(ii) a decree, judgment, certificate of adoption, | ||
adoption registration, or equivalent court order, | ||
entered or issued by a court of competent jurisdiction | ||
or administrative body outside the United States, | ||
establishing the relationship of parent and child by | ||
adoption; or | ||
(iii) such other evidence deemed satisfactory by | ||
the court. | ||
(3) The child's immigrant visa shall be prima facie | ||
proof that the adoption was established in accordance with | ||
the laws of the foreign jurisdiction and met United States | ||
requirements for immigration. | ||
(4) If the petitioner submits documentation that | ||
satisfies the requirements of paragraph (2), the court | ||
shall not appoint a guardian ad litem for the minor who is | ||
the subject of the proceeding, shall not require any | ||
further termination of parental rights of the child's | ||
biological parents, nor shall it require any home study, | ||
investigation, post-placement visit, or background check | ||
of the petitioner. | ||
(5) The petition may include a request for change of | ||
the child's name and any other request for specific relief | ||
that is in the best interests of the child. The relief may | ||
include a request for a revised birth date for the child if | ||
supported by evidence from a medical or dental |
professional attesting to the appropriate age of the child | ||
or other collateral evidence. | ||
(6) Two adoptive parents who adopted a minor child | ||
together in a foreign country while married to one another | ||
may file a petition for adoption to re-adopt the child | ||
jointly, regardless of whether their marriage has been | ||
dissolved. If either parent whose marriage was dissolved | ||
has subsequently remarried or entered into a civil union | ||
with another person, the new spouse or civil union partner | ||
shall not join in the petition to re-adopt the child, | ||
unless the new spouse or civil union partner is seeking to | ||
adopt the child. If either adoptive parent does not join | ||
in the petition, he or she must be joined as a party | ||
defendant. The defendant parent's failure to participate | ||
in the re-adoption proceeding shall not affect the | ||
existing parental rights or obligations of the parent as | ||
they relate to the minor child, and the parent's name | ||
shall be placed on any subsequent birth record issued for | ||
the child as a result of the re-adoption proceeding. | ||
(7) An adoptive parent who adopted a minor child in a | ||
foreign country as an unmarried person may file a petition | ||
for adoption to re-adopt the child as a sole petitioner, | ||
even if the adoptive parent has subsequently married or | ||
entered into a civil union. | ||
(8) If one of the adoptive parents who adopted a minor | ||
child dies prior to a re-adoption proceeding, the deceased |
parent's name shall be placed on any subsequent birth | ||
record issued for the child as a result of the re-adoption | ||
proceeding. | ||
(Source: P.A. 99-49, eff. 7-15-15; 100-344, eff. 8-25-17; | ||
100-863, eff. 8-14-18.)
| ||
(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 or female (circle one) 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 hereby acknowledge that I have been provided with a | ||
copy of the Birth Parent Rights and Responsibilities-Private | ||
Form before signing this Consent and that I have had time to | ||
read, or have had read to me, this Form. I understand that if I | ||
do not receive any of the rights as described in this Form, it |
shall not constitute a basis to revoke this Final and | ||
Irrevocable Consent. | ||
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.
| ||
A-1. (1) The form of the Final and Irrevocable Consent to | ||
Adoption by a Specified Person or Persons: Non-DCFS Case set | ||
forth in this subsection A-1 is to be used by legal parents | ||
only. This form is not to be used in cases in which there is a | ||
pending petition under Section 2-13 of the Juvenile Court Act | ||
of 1987. | ||
(2) The form of the Final and Irrevocable Consent to |
Adoption by a Specified Person or Persons in a non-DCFS case | ||
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; NON-DCFS CASE | ||
I, ...., (relationship, e.g., mother, father) of ...., a | ||
male or female (circle one) child, state: | ||
1. That such child was born on ...., at ....., in the | ||
City/Town of ... and State of .... | ||
2. That I reside at ...., County of .... and State of ...., | ||
my email address (if I have one) is .... my cell phone number | ||
where I can receive text messages (if I have one) is .... and | ||
my land line phone number (if I have one) is ...., and any | ||
other contact information is .... | ||
3. That I am of the age of .... years. | ||
4. That I hereby enter my appearance in this proceeding | ||
and waive service of summons on me. | ||
5. That I hereby acknowledge that I have been provided a | ||
copy of the Birth Parent Rights and Responsibilities-Private | ||
Form before signing this Consent and that I have had time to | ||
read, or have had read to me, this Form and that I understand | ||
the Rights and Responsibilities described in this Form. I | ||
understand that if I do not receive any of my rights as | ||
described in said Form, it shall not constitute a basis to |
revoke this Final and Irrevocable Consent to Adoption by a | ||
Specified Person. | ||
6. That I do hereby consent and agree to the adoption of | ||
such child by .... (specified person or persons) only. If only | ||
first names are used for the specified person or persons, I | ||
voluntarily sign this specified consent form without | ||
disclosure to me of the last name of the specified person or | ||
persons. However, I understand that if I wish to know the last | ||
name of the specified person or persons, I may request it | ||
before signing the form. If I do not receive the last name, I | ||
may choose not to sign the specified consent form. | ||
7. That I wish to and understand that upon signing this | ||
consent I do irrevocably and permanently give up all custody | ||
and other parental rights I have to such child if such child is | ||
adopted by .... (specified person or persons). I hereby | ||
transfer all of my rights to the custody, care and control of | ||
such child to ............................. (specified person | ||
or persons). | ||
8. That I understand such child will be adopted by | ||
....................... (specified person or persons) 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 if | ||
............................ (specified person or persons) | ||
adopt(s) such child; PROVIDED that each specified person has | ||
filed or shall file, within 60 days from the date hereof, a |
petition for the adoption of such child. | ||
9. That if the specified person or persons designated | ||
herein do not file a petition for adoption within the | ||
time-frame specified above, or, if said petition for adoption | ||
is filed within the time-frame specified above but the | ||
adoption petition is dismissed with prejudice or the adoption | ||
proceeding is otherwise concluded without an order declaring | ||
the child to be the adopted child of the specified person or | ||
persons, then I understand that I will be sent written notice | ||
of such circumstances at the mailing address, at the email | ||
address, through a text message to my cell phone number, and to | ||
any other contact information I have provided in paragraph 2 | ||
within 5 business days of this occurrence. I understand that | ||
the notice will be directed to me using the contact | ||
information I have provided in this consent. I understand that | ||
I will have 15 business days from the date that the written | ||
notice is sent to me to respond in the manner described in the | ||
notice, within which time I may request the Court to declare | ||
this consent voidable and return the child to me. I further | ||
understand that the Court will make the final decision of | ||
whether or not the child will be returned to me. If I do not | ||
make such request within 15 business days of the date the | ||
notice was sent, then I expressly waive any other notice or | ||
service of process in any legal proceeding regarding the | ||
child, including a legal proceeding for someone other than | ||
..... (specified person or persons) to adopt the child, and |
that I will have no parental rights as to the child. The person | ||
sending the notice shall file an affidavit of notice as proof | ||
of the date sent. | ||
10. That I expressly acknowledge that nothing in this | ||
Consent
impairs the validity and absolute finality of this
| ||
Consent under any circumstance other than those described in
| ||
paragraph 9 of this Consent. | ||
11. That I understand that I have a remaining duty and
| ||
obligation to keep .............. (insert name and address of | ||
the attorney
for the specified person or persons) informed of | ||
my current
address or other preferred contact information | ||
until this adoption has been finalized. My failure to
do so may | ||
result in the termination of my parental rights and
the child | ||
being placed for adoption in another home. | ||
12. That I do expressly waive any other notice or service | ||
of process in any of the legal proceedings for the adoption of | ||
the child as long as the adoption proceeding by the specified | ||
person or persons is pending. | ||
13. That I have read and understand the above and I am | ||
signing it as my free and voluntary act. | ||
14. That I acknowledge that this consent is valid even if | ||
the specified person or persons separate or divorce or one of | ||
the specified persons dies prior to the entry of the final | ||
judgment for adoption. | ||
Dated (insert date). | ||
............................................. |
Signature of parent. | ||
............................................. | ||
Address of parent. | ||
............................................. | ||
Phone number(s) of parent. | ||
............................................. | ||
Personal email(s) of parent. | ||
............................................. | ||
(3) The form of the certificate of acknowledgement for a | ||
Final and Irrevocable Consent for Adoption by a Specified | ||
Person or Persons: Non-DCFS Case shall be substantially as | ||
follows: | ||
STATE OF ..............)
| ||
) SS.
| ||
COUNTY OF .............) | ||
I, .................... (Name of Judge or other person), | ||
..................... (official title, name, and address), | ||
certify that ............., personally known to me to be the | ||
same person whose name is subscribed to the foregoing Final | ||
and Irrevocable Consent for Adoption by a Specified Person or | ||
Persons; non-DCFS case, 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 am further satisfied that, before signing |
this Consent, ........ has read, or has had read to him or her, | ||
the Birth Parent Rights and Responsibilities-Private Form. | ||
A-2. Birth Parent Rights and Responsibilities-Private | ||
Form. The Birth Parent Rights and Responsibilities-Private | ||
Form must be read by, or have been read to, any person | ||
executing a Final and Irrevocable Consent to Adoption under | ||
subsection A, a Final and Irrevocable Consent to Adoption by a | ||
Specified Person or Persons: Non-DCFS Case under subsection | ||
A-1, or a Consent to Adoption of Unborn Child under subsection | ||
B prior to the execution of said Consent. The form of the Birth | ||
Parent Rights and Responsibilities-Private Form shall be | ||
substantially as follows: | ||
Birth Parent Rights and Responsibilities-Private Form | ||
THIS FORM DOES NOT CONSTITUTE LEGAL ADVICE. LEGAL ADVICE IS | ||
DEPENDENT ON THE SPECIFIC CIRCUMSTANCES OF EACH SITUATION AND | ||
JURISDICTION. THE INFORMATION IN THIS FORM CANNOT REPLACE THE | ||
ADVICE OF AN ATTORNEY LICENSED IN YOUR STATE. | ||
As a birth parent in the State of Illinois, you have the | ||
right: | ||
1. To have your own attorney represent you. The | ||
prospective adoptive parents may agree to pay for the cost of | ||
your attorney in a manner consistent with Illinois law, but | ||
they are not required to do so. |
2. To be treated with dignity and respect at all times and | ||
to make decisions free from coercion and pressure. | ||
3. To request to receive counseling before and after | ||
signing a Final and Irrevocable Consent to Adoption | ||
("Consent"), a Final and Irrevocable Consent to Adoption by a | ||
Specified Person or Persons: Non-DCFS Case ("Specified | ||
Consent"), or a Consent to Adoption of Unborn Child ("Unborn | ||
Consent"). The prospective adoptive parents may agree to pay | ||
for the cost of counseling in a manner consistent with | ||
Illinois law, but they are not required to do so. | ||
4. To ask to be involved in choosing your child's | ||
prospective adoptive parents and to ask to meet them. | ||
5. To ask your child's prospective adoptive parents any | ||
questions that pertain to your decision to place your child | ||
with them. | ||
6. To see your child before signing a Consent or Specified | ||
Consent if you are the custodial parent, and to request to see | ||
your child if you are not the custodial parent. | ||
7. To request contact with your child and/or the child's | ||
prospective adoptive parents, with the understanding that any | ||
promises regarding contact with your child or receipt of | ||
information about the child after signing a Consent, Specified | ||
Consent, or Unborn Consent cannot be enforced under Illinois | ||
law. | ||
8. To receive copies of all documents that you sign and | ||
have those documents provided to you in your preferred |
language. | ||
9. To request that your identifying information remain | ||
confidential, unless required otherwise by Illinois law or | ||
court order, and to voluntarily share your medical, | ||
background, and identifying information, including information | ||
on the original birth certificate of your child. This can be | ||
done through the Illinois Adoption Registry and Medical | ||
Information Exchange or through completing the Birth Parent | ||
Preference Form. Please visit http://dph.illinois.gov or | ||
www.newillinoisadoptionlaw.com. | ||
10. To access the Confidential Intermediary Program which | ||
provides a way for a court appointed person to connect and/or | ||
exchange information between adoptees, adoptive parents and | ||
birth parents, and other biological family members, provided | ||
in most cases that mutual consent is given. Please visit | ||
www.ci-illinois.org or call (800) 526-9022(x29). | ||
11. To work with an adoption agency or attorney of your | ||
choice, or change said agency or attorney, provided you | ||
promptly inform all of the parties currently involved. | ||
12. To receive, upon request, a written list of any | ||
promised support, financial or otherwise, from your attorney | ||
or the attorney for your child's prospective adoptive parents. | ||
13. To delay signing a Consent, Specified Consent, or | ||
Unborn Consent if you are not ready to do so. | ||
14. To decline to sign a Consent, Specified Consent, or | ||
Unborn Consent even if you have received financial support |
from the prospective adoptive parents. | ||
If you do not receive any of the rights described in this | ||
Form, it shall not be a basis to revoke a Consent, Specified | ||
Consent, or Unborn Consent. | ||
As a Birth Parent in the State of Illinois, you have the | ||
responsibility: | ||
1. To carefully consider your reasons for choosing | ||
adoption. | ||
2. (Birth mothers only) To accurately complete an | ||
Affidavit of Identification, which identifies the father of | ||
the child when known, with the understanding that a birth | ||
mother has a right to decline to identify the birth father. | ||
3. To provide the necessary documentation regarding | ||
financial need to make an appropriate determination of | ||
reasonable pregnancy-related expenses. | ||
4. To not accept financial support or reimbursement of | ||
pregnancy related expenses simultaneously from more than one | ||
source or if you are not pregnant, as doing so is a crime. | ||
5. To voluntarily provide all known medical, background, | ||
and family information about yourself and your immediate | ||
family to your child's prospective adoptive parents or their | ||
attorney. For the health of your child, you are strongly | ||
encouraged, but not required, to do so as set forth on the | ||
following form: | ||
Birth Parent Medical Information | ||
The purpose of this form is to gather your health history, |
genetic history, and social background information to share | ||
with the adoptive parents. It is important the adoptive family | ||
provide this information to the child's physician. It will | ||
become a part of the child's medical and family history. This | ||
form, in its entirety, will be given to the adoptive | ||
parent(s). | ||
The following information is true and complete to the best | ||
of my knowledge and belief. | ||
Birth parent name: | ||
...................................... | ||
Signature: | ||
.............................................. | ||
Date: .................................................... | ||
YES or NO (circle one) I agree to release my full name on | ||
this form to the adoptive family. If NO is circled then the | ||
birth parent's name shall be redacted on this form. | ||
MOTHER'S PHYSICAL CHARACTERISTICS: | ||
Eyes: ... Hair: .... Complexion: .... Height: .... | ||
Weight: .... Body build: .....
Race: ..... | ||
Nationality/Descent: ....... Blood type: .... Rh factor: .... | ||
Eye glasses or contact lenses? Yes /.../ No /.../ | ||
Right /.../ Left /.../ handed | ||
Age: .... or Date of birth: ..... Religion: ................. | ||
Please list your highest education level, occupation, | ||
hobbies, interests, and talents: | ||
............................ |
Existence of any disabilities? Yes /.../ No /.../ | ||
If yes, explain: ............................................. | ||
If you have other children, list them below. Include any | ||
children previously placed for adoption. | ||
.................... | ||
Describe your relationship with the birth father: ....... | ||
FATHER'S PHYSICAL CHARACTERISTICS: | ||
Eyes: ... Hair: .... Complexion: .... Height: .... | ||
Weight: .... Body build: .....
Race: ..... | ||
Nationality/Descent: ....... Blood type: .... Rh factor: .... | ||
Eye glasses or contact lenses? Yes /.../ No /.../ | ||
Right /.../ Left /.../ handed | ||
Age: .... or Date of birth: ..... Religion: ................. | ||
Please list your highest education level, occupation, | ||
hobbies, interests, and talents: | ||
............................ | ||
Existence of any disabilities? Yes /.../ No /.../ | ||
If yes, explain: ............................................. | ||
If you have other children, list them below. Include any | ||
children previously placed for adoption. | ||
.................... | ||
PREGNANCY HISTORY INVOLVING THIS CHILD | ||
Month prenatal care began during this pregnancy: ......... | ||
Complications during pregnancy: Yes ... No ... If yes, | ||
explain: .................................................... | ||
............................................................. |
MEDICATION AND OTHER SUBSTANCES USED DURING | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
PREGNANCY OR YEAR PRIOR TO PREGNANCY | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
In addition to this form, a birth parent shall also be | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
provided the forms for the Illinois Adoption Registry and | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Medical Information Exchange. |
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 hereby acknowledge that I have been provided with a | ||
copy of the Birth Parent Rights and Responsibilities-Private | ||
Form before signing this Consent, and that I have had time to | ||
read, or have had read to me, this Form. I understand that if I | ||
do not receive any of the rights as described in this Form, it | ||
shall not constitute a basis to revoke this Consent to | ||
Adoption of Unborn Child. | ||
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 or female (circle one) 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 or female (circle one) 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).
| ||
........................
| ||
C-5. The form of a Final and Irrevocable Designated | ||
Surrender for Purposes of Adoption to any agency given by a | ||
parent of a born child who is to be subsequently placed for | ||
adoption is to be used by legal parents only. The form shall be | ||
substantially as follows and shall contain such other facts | ||
and statements as the particular agency shall require: | ||
FINAL AND IRREVOCABLE DESIGNATED SURRENDER | ||
FOR PURPOSES OF ADOPTION |
I, .... (relationship, e.g., mother, father, relative, | ||
guardian) of ...., a male or female (circle one) child, state: | ||
1. That such child was born on ...., at ..... | ||
2. That I reside at ...., County of ...., and State of | ||
....., my email address (if I have one) is .... my cell phone | ||
number where I can receive text messages (if I have one) is | ||
.... and my land line phone number (if I have one) is ...., and | ||
any other contact information is .... | ||
3. That I am of the age of .... years. | ||
4. 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 with | ||
............................. (specified person or persons) | ||
and to consent to the legal adoption of such child 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 anesthesia for such child. If only first names | ||
are used for the specified person or persons, I voluntarily | ||
sign this designated surrender without disclosure to me of the | ||
last name of the specified person or persons. However, I | ||
understand that if I wish to know the last name of the |
specified person or persons, I may request it before signing | ||
the form. If I do not receive the last name, I may choose not | ||
to sign the designated surrender form. | ||
5. 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. | ||
6. That if the petition for adoption is not filed by the
| ||
specified person or persons designated herein or, if the
| ||
petition for adoption is filed but the adoption petition is
| ||
dismissed with prejudice or the adoption proceeding is
| ||
otherwise concluded without an order declaring the child to be
| ||
the adopted child of each specified person, then I understand | ||
that the Agency will send notice to me at the mailing address, | ||
at the email address, through a text message to my cell phone | ||
number provided in paragraph 2, and to any other contact | ||
information I have provided in paragraph 2 within 5 business | ||
days of this occurrence. The person sending the notice shall | ||
prepare an affidavit of notice. I understand that I will have | ||
15 business days from the date that the written notice was sent | ||
to respond, within which time I may choose to designate other | ||
adoptive parent(s). However, I acknowledge that
the Agency has | ||
full power and authority to place the child for adoption 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 the child by such person or persons. | ||
7. That I acknowledge that this surrender is valid even if |
the specified persons separate or divorce or one of the | ||
specified persons dies prior to the entry of the final | ||
judgment for adoption. | ||
8. That I expressly acknowledge that the above paragraphs | ||
6 and 7 do not impair the validity and absolute finality of | ||
this surrender under any circumstance. | ||
9. That I understand that I have a remaining obligation to | ||
keep the Agency informed of my current contact information | ||
until the adoption of the child has been finalized if I wish to | ||
be notified in the event the adoption by the specified | ||
person(s) cannot proceed. | ||
10. 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. | ||
11. 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 over, 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 hereby enter my | ||
appearance in this proceeding and waive service of summons on | ||
me. That I consent and agree to my adoption by
.... and .....
| ||
Dated (insert date).
| ||
........................
| ||
G. The form of consent given by an agency to the adoption | ||
by
specified persons of a child previously surrendered to it | ||
shall set
forth that the agency has the authority to execute | ||
such consent. The
form of consent given by a guardian of the | ||
person of a child sought to
be adopted, appointed by a court of | ||
competent jurisdiction, shall set
forth the facts of such | ||
appointment and the authority of the guardian to
execute such | ||
consent.
| ||
H. A consent (other than that given by an agency, or | ||
guardian of the
person of the child sought to be adopted who | ||
was appointed by a court of
competent jurisdiction) shall be | ||
acknowledged by a parent before a judge of a court of competent |
jurisdiction or, except as otherwise provided in
this Act, | ||
before a representative of an agency, or before a person, | ||
other than the attorney for the prospective adoptive parent or | ||
parents, designated by a court of competent
jurisdiction.
| ||
I. A surrender, or any other document equivalent to a | ||
surrender, by
which a child is surrendered to an agency shall | ||
be acknowledged by the
person signing such surrender, or other | ||
document, before a judge of a court of competent jurisdiction, | ||
or, except as otherwise provided in this Act, before a | ||
representative of an agency, or before a person designated by | ||
a court
of competent jurisdiction.
| ||
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. (Add if | ||
Consent only) I am further satisfied that, before signing this | ||
Consent, ........ has read, or has had read to him or her, the | ||
Birth Parent Rights and Responsibilities-Private Form.
| ||
Dated (insert date).
| ||
Signature ...............
| ||
K. When the execution of a consent or a surrender is | ||
acknowledged
before someone other than a judge,
such other | ||
person shall have his or her signature on the certificate
| ||
acknowledged before a notary public, in form substantially as | ||
follows:
| ||
STATE OF ....)
| ||
) SS.
| ||
COUNTY OF ...)
| ||
I, a Notary Public, in and for the County of ......, in the | ||
State of
......, certify that ...., personally known to me to | ||
be the
same person whose name is subscribed to the foregoing | ||
certificate of
acknowledgment, appeared before me in person | ||
and acknowledged that (she)
(he) signed such certificate as | ||
(her) (his) free and voluntary act and
that the statements | ||
made in the certificate are true.
|
Dated (insert date).
| ||
Signature ...................... Notary Public
| ||
(official seal)
| ||
There shall be attached a certificate of magistracy, or | ||
other
comparable proof of office of the notary public | ||
satisfactory to the
court, to a consent signed and | ||
acknowledged in another state.
| ||
L. A surrender or consent executed and acknowledged | ||
outside of this
State, either in accordance with the law of | ||
this State or in accordance
with the law of the place where | ||
executed, is valid.
| ||
M. Where a consent or a surrender is signed in a foreign | ||
country,
the execution of such consent shall be acknowledged | ||
or affirmed in a
manner conformable to the law and procedure of | ||
such country.
| ||
N. If the person signing a consent or surrender is in the | ||
military
service of the United States, the execution of such | ||
consent or surrender
may be acknowledged before a commissioned | ||
officer and the signature of
such officer on such certificate | ||
shall be verified or acknowledged
before a notary public or by | ||
such other procedure as is then in effect
for such division or | ||
branch of the armed forces.
| ||
O. (1) The parent or parents of a child in whose interests | ||
a petition
under Section 2-13 of the Juvenile Court Act of 1987 | ||
is pending may, with the
approval of the designated |
representative of the Department of Children and
Family | ||
Services ("Department" or "DCFS"), 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.
| ||
The court may waive the time frames in subdivisions (a), | ||
(b), and (c) for good cause shown if the court finds it to be | ||
in the child's best interests. | ||
A consent under this subsection O shall be acknowledged by | ||
a parent pursuant to
subsection H and subsection K of this | ||
Section.
| ||
(2) The final and irrevocable consent to adoption by a | ||
specified person or persons in a Department of Children and | ||
Family Services (DCFS) case shall be substantially
as follows:
| ||
FINAL AND IRREVOCABLE CONSENT TO ADOPTION BY
| ||
A SPECIFIED PERSON OR PERSONS: DCFS CASE
| ||
I, ......................................, the | ||
.................. mother or
father (circle one) of a male or |
female (circle one) child, state:
| ||
1. My child ............................ (name of | ||
child) was born on .....
(insert date) at | ||
.................... Hospital in the City/Town of | ||
........., in
................ County, State of | ||
...............
| ||
2. I reside at ......................, County of | ||
............. and
State of .............. | ||
Mail may also be sent to me at this address | ||
............................, in care of | ||
................. | ||
My home telephone number is ...................... | ||
My cell telephone number is ...................... | ||
My e-mail address is .................................
| ||
3. I, ..........................., am .... years old.
| ||
4. I enter my appearance in this action for my child to | ||
be adopted by the
person or persons specified herein by me | ||
and waive service of
summons on me in this action only.
| ||
5. I hereby acknowledge that I have been provided a | ||
copy of the Birth Parent Rights and Responsibilities in | ||
Illinois for Final and Irrevocable Consents to Adoption by | ||
a Specified Person or Persons for DCFS Cases before | ||
signing this Consent and that I have had time to read this | ||
form or have it read to me and that I understand the rights | ||
and responsibilities described in this form. I understand | ||
that if I do not receive any of my rights as described in |
the form, it shall not constitute a basis to revoke this | ||
Final and Irrevocable Consent to Adoption by a Specified | ||
Person or Persons. | ||
6. I do hereby consent and agree to the adoption of | ||
such child by .......... (names of current foster | ||
parent(s) or caregiver(s), hereinafter referred to as the | ||
"specified person or persons") only. | ||
7. I wish to sign this consent and I understand that by | ||
signing this consent I irrevocably and permanently give up | ||
all my parental rights I have to my child. | ||
8. I understand that this consent allows my child to | ||
be adopted by the 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. | ||
9. I understand that this consent will be void if: | ||
(a) the Department places my child with someone | ||
other than the specified person or persons; or | ||
(b) a court denies the adoption petition for the | ||
specified person or persons to adopt my child; or | ||
(c) the DCFS Guardianship Administrator refuses to | ||
consent to my child's adoption by the specified person | ||
or persons on the basis that the adoption is not in my | ||
child's best interests. | ||
I understand that if this consent is void I have | ||
parental rights to my child, subject to any applicable | ||
court orders including those entered under Article II of |
the Juvenile Court Act of 1987, unless and until I sign a | ||
new consent or surrender or my parental rights are | ||
involuntarily terminated. I understand that if this | ||
consent is void, my child may be adopted by someone other | ||
than the specified person or persons only if I sign a new | ||
consent or surrender, or my parental rights are | ||
involuntarily terminated. I understand that if this | ||
consent is void, the Department will notify me within 30 | ||
days using the addresses and telephone numbers I provided | ||
in paragraph 2 of this form. I understand that if I receive | ||
such a notice, it is very important that I contact the | ||
Department immediately, and preferably within 30 days, to | ||
have input into the plan for my child's future. | ||
10. I understand that if a petition for adoption of my | ||
child is filed by someone other than the specified person | ||
or persons, the Department will notify me within 14 days | ||
after the Department becomes aware of the petition. The | ||
fact that someone other than the specified person or | ||
persons files a petition to adopt my child does not make | ||
this consent void. | ||
11. If a person other than the specified person or | ||
persons files a petition to adopt my child or if the | ||
consent is void under paragraph 9, the Department will | ||
send written notice to me using the mailing address and | ||
email address provided by me in paragraph 2 of this form. | ||
The Department will also contact me using the telephone |
numbers I provided in paragraph 2 of this form. It is very | ||
important that I let the Department know if any of my | ||
contact information changes. If I do not let the | ||
Department know if any of my contact information changes, | ||
I understand that I may not receive notification from the | ||
Department if this consent is void or if someone other | ||
than the specified person or persons files a petition to | ||
adopt my child. If any of my contact information changes, | ||
I should immediately notify: | ||
Caseworker's name and telephone number: | ||
............................................................; | ||
Agency name, address, zip code, and telephone number: | ||
............................................................; | ||
Supervisor's name and telephone number: | ||
............................................................; | ||
DCFS Advocacy Office for Children and Families: | ||
800-232-3798. | ||
12. I expressly acknowledge that paragraph 9 (and | ||
paragraphs 8a and 8b, if applicable) do not impair the | ||
validity and finality of this consent under any | ||
circumstances.
| ||
13. 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:
| ||
8a. I understand that I cannot change my mind or | ||
revoke this consent or recover custody of my child on the | ||
basis that the specified persons divorce or are granted a | ||
dissolution of a civil union or that one of the specified | ||
persons has died.
| ||
8b. I understand that if the specified persons get a | ||
divorce or are granted a dissolution of a civil union | ||
before the petition to adopt my child is granted, this | ||
consent remains valid only for ............... (name only | ||
one specified person) to adopt my child.
| ||
8c. I understand that if either of the specified | ||
persons dies before the petition to adopt my child is | ||
granted, this consent remains valid for the surviving | ||
person to adopt my child. | ||
(4) The form of the certificate of acknowledgement for a | ||
Final and
Irrevocable Consent for Adoption by a Specified | ||
Person or Persons: DCFS Case shall be
substantially as | ||
follows:
| ||
STATE OF ..............)
| ||
) SS.
| ||
COUNTY OF .............)
|
I, .................... (Name of Judge or other person),
| ||
..................... (official title, name, and address),
| ||
certify that ............., personally known to me to be the | ||
same person whose
name is subscribed to the foregoing Final | ||
and Irrevocable Consent for Adoption
by a Specified Person or | ||
Persons: DCFS Case, 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 by signing this consent this | ||
parent is irrevocably
and permanently
relinquishing all | ||
parental rights to the child so that the child may be adopted | ||
by a specified person or persons, and this parent has stated | ||
that
such is (her)(his) intention and desire. I have fully | ||
explained that this consent is void only if:
| ||
(a) the placement is disrupted and the child is moved | ||
to a different placement; or | ||
(b) a court denies the petition for adoption; or | ||
(c) the Department of Children and Family Services | ||
Guardianship Administrator refuses to consent to the | ||
child's adoption by a specified person or persons on the | ||
basis that the adoption is not in the child's best | ||
interests. | ||
Dated (insert date).
| ||
...............................
|
Signature
| ||
(5) If a consent to adoption by a specified person or | ||
persons is executed in
this form, the following provisions | ||
shall apply. The consent shall be valid
only for the specified | ||
person or persons to adopt the child. The consent shall be void
| ||
if:
| ||
(a) the placement disrupts and the child is moved to | ||
another placement; or
| ||
(b) a court denies the petition for adoption; or
| ||
(c) the Department of Children and Family Services | ||
Guardianship
Administrator refuses to consent to the | ||
child's adoption by the specified person or persons on the | ||
basis that the adoption is not in the child's best | ||
interests.
| ||
If the consent is void under this Section, the parent | ||
shall not need to take further action to revoke the consent. No | ||
proceeding for termination of parental rights shall be brought | ||
unless the parent who executed the consent to adoption by a | ||
specified person or persons has been notified of the | ||
proceedings pursuant to Section 7 of this Act or subsection | ||
(4) of Section 2-13 of the Juvenile Court Act of 1987.
| ||
(6) The Department of Children and Family Services is | ||
authorized
to promulgate rules necessary to implement this | ||
subsection O.
| ||
(7) (Blank).
|
(8) The Department of Children and Family Services shall | ||
promulgate a rule and procedures regarding Consents to | ||
Adoption by a Specified Person or Persons in DCFS cases. The | ||
rule and procedures shall provide for the development of the | ||
Birth Parent Rights and Responsibilities Form for DCFS
Cases. | ||
(9) A consent to adoption by specified persons on this
| ||
consent form shall have no effect on a court's determination | ||
of
custody or visitation under the Illinois Marriage and
| ||
Dissolution of Marriage Act or the Illinois Religious Freedom
| ||
Protection and Civil Union Act if the marriage or civil union | ||
of the
specified persons is dissolved after the adoption is | ||
final. | ||
P. If the person signing a consent is incarcerated or | ||
detained in a correctional facility, prison, jail, detention | ||
center, or other comparable institution, either in this State | ||
or any other jurisdiction, the execution of such consent may | ||
be acknowledged before social service personnel of such | ||
institution, or before a person designated by a court of | ||
competent jurisdiction. | ||
Q. A consent may be acknowledged telephonically, via | ||
audiovisual connection, or other electronic means, provided | ||
that a court of competent jurisdiction has entered an order | ||
approving the execution of the consent in such manner and has | ||
designated an individual to be physically present with the | ||
parent executing such consent in order to verify the identity | ||
of the parent. |
R. An agency whose representative is acknowledging a | ||
consent pursuant to this Section shall be a public child | ||
welfare agency , or a child welfare agency , or a child placing | ||
agency that is authorized or licensed in the State or | ||
jurisdiction in which the consent is signed. | ||
S. The form of waiver by a putative or legal father of a | ||
born or unborn child shall be substantially as follows: | ||
FINAL AND IRREVOCABLE | ||
WAIVER OF PARENTAL RIGHTS OF PUTATIVE OR LEGAL FATHER | ||
I, ...................., state under oath or affirm as | ||
follows: | ||
1. That the biological mother ............... has | ||
named me as a possible biological or
legal father of her | ||
minor child who was born, or is expected to be born on
| ||
..........., ......, in the City/Town of........., State | ||
of ........... | ||
2. That I understand that the biological mother | ||
............. intends to or has placed the child
for | ||
adoption. | ||
3. That I reside at ................, in the City/Town | ||
of...........,
State of ................ | ||
4. That I am ................ years of age and my date | ||
of birth is ..............., ............. | ||
5. That I (select one): |
..... am married to the biological mother. | ||
..... am not married to the biological mother and | ||
have not been married to the biological
mother within | ||
300 days before the child's birth or expected date of | ||
child's birth. | ||
..... am not currently married to the biological | ||
mother, but was married to the biological
mother, | ||
within 300 days before the child's birth or expected | ||
date of child's birth. | ||
6. That I (select one): | ||
..... neither admit nor deny that I am the | ||
biological father of the child. | ||
..... deny that I am the biological father of the | ||
child. | ||
7. That I hereby agree to the termination of my | ||
parental rights, if any, without further notice to me
of | ||
any proceeding for the adoption of the minor child, even | ||
if I have taken any action to establish
parental rights or | ||
take any such action in the future including registering | ||
with any putative father
registry. | ||
8. That I understand that by signing this Waiver I do | ||
irrevocably and permanently give up all
custody and other | ||
parental rights I may have to such child. | ||
9. That I understand that this Waiver is FINAL AND | ||
IRREVOCABLE and that I am permanently
barred from | ||
contesting any proceeding for the adoption of the child |
after I sign this Waiver. | ||
10. That I waive any further service of summons or | ||
other pleadings in any proceeding to terminate
parental | ||
rights, if any to this child, or any proceeding for | ||
adoption of this child. | ||
11. That I understand that if a final judgment or | ||
order of adoption for this child is not entered, then
any | ||
parental rights or responsibilities that I may have remain | ||
intact. | ||
12. That I have read and understand the above and that | ||
I am signing it as my free and voluntary act. | ||
Dated: ..................., .............. | ||
........................................... | ||
Signature | ||
OATH | ||
I have been duly sworn and I state under oath that I have read | ||
and understood this Final and Irrevocable
Waiver of Parental | ||
Rights of Putative or Legal Father. The facts contained in it | ||
are true and correct to the
best of my knowledge. I have signed | ||
this document as my free and voluntary act in order to | ||
facilitate the
adoption of the child. | ||
.............................. | ||
Signature |
Signed and Sworn before me on | ||
this ............ day | ||
of ..........., 20.... | ||
................... | ||
Notary Public | ||
(Source: P.A. 99-833, eff. 1-1-17; 100-1060, eff. 1-1-19 .)
|