Rep. Michelle Mussman
Filed: 1/12/2022
 
 

 

 

 
10200HB4227ham001LRB102 21490 KTG 31504 a



1
AMENDMENT TO HOUSE BILL 4227 




2    AMENDMENT NO. ______. Amend House Bill 4227 on page 3, 
3immediately below line 19, by inserting the following:

 
4    "Section 10. The Adoption Act is amended  by changing 
5Section 8 as follows:
 


6    (750 ILCS 50/8)  (from Ch. 40, par. 1510)




7    Sec. 8. Consents to adoption and surrenders for purposes 
8of
adoption. 

9    (a) Except as hereinafter provided in this
Section 
10consents or surrenders shall be required in all cases, unless 
11the
person whose
consent or surrender would otherwise be 
12required shall be found by the
court:

13        (1) to be an unfit person
as defined in Section
1 of 
14    this Act, by clear and convincing evidence; or

15        (2) not to be the biological or adoptive father of the 
16    child; or

 
 
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1        (3) to have waived his parental rights to the child 
2    under Section 12a or
12.1 or subsection S of Section 10 of

3    this Act; or

4        (4) to be the parent of an adult
sought to be adopted; 
5    or

6        (5) to be
the father of the child as a result of 
7    criminal sexual abuse or assault as
defined under Article 
8    11 of the Criminal Code of 2012; or

9        (6) to be the father of a child who:
10            (i) is a family member of the mother of the child, 
11        and the mother is under the age of 18 at the time of 
12        the child's conception;  for purposes of this 
13        subsection, a "family member" is a parent, 
14        step-parent, grandparent, step-grandparent, sibling, 
15        or cousin of the first degree, whether by whole blood, 
16        half-blood, or adoption, as well as a person age 18 or 
17        over at the time of the child's conception who has 
18        resided in the household with the mother continuously 
19        for at least one year; or
20            (ii) is at least 5 years older than the child's 
21        mother, and the mother was under the age of 17 at the 
22        time of the child's conception, unless the mother and 
23        father voluntarily acknowledge the father's paternity 
24        of the child by marrying or by establishing the 
25        father's paternity by consent of the parties pursuant 
26        to the Illinois Parentage Act of 2015 or pursuant to a 
 
 
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1        substantially similar statute in another state.
2        A criminal conviction of any offense pursuant to 
3    Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 
4    11-1.70, 12C-5, 12C-10, 12C-35, 12C-40, 12C-45, 18-6, 
5    19-6, or Article 12 of the Criminal Code of 1961 or the 
6    Criminal Code of 2012 is not required.


7    (a-5) Notwithstanding any other provision of this Section, 
8no consents or surrenders are required in cases where the 
9child is relinquished in accordance with the Abandoned Newborn 
10Infant Protection Act. 
11    (b) Where consents are required in the case of an adoption

12of a minor child, the consents of the following persons shall 
13be
sufficient:

14        (1)  (A) The mother of the minor child; and

15            (B) The father of the minor child, if the father:

16                (i) was married to the mother on the date of 
17            birth of the child or
within
300 days before the 
18            birth of the child, except for a husband or former

19            husband who has been found by a court of competent 
20            jurisdiction not to be the
biological father of 
21            the child; or

22                (ii) is the father of the child under a 
23            judgment for adoption, an
order of parentage, or 
24            an acknowledgment of parentage or paternity 
25            pursuant
to subsection (a) of Section 5 of the 
26            Illinois Parentage Act of 1984 or pursuant to 
 
 
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1            Article 3 of the Illinois Parentage Act of 2015; 
2            or

3                (iii) in the case of a child placed with the 
4            adopting parents less
than
6 months after birth, 
5            openly lived with the child, the child's 
6            biological
mother, or
both,
and
held himself out 
7            to be the child's biological father during the 
8            first 30 days
following the birth of the child; or

9                (iv) in the case of a child placed with the 
10            adopting parents less than
6
months after birth, 
11            made a good faith effort to pay a reasonable 
12            amount of the
expenses
related to the birth of the 
13            child and to provide a reasonable amount for the

14            financial support of the child before the 
15            expiration of 30 days following the
birth of the 
16            child,
provided that the court may consider in its 
17            determination all
relevant circumstances, 
18            including the financial condition of both 
19            biological
parents; or

20                (v) in the case of a child placed with the 
21            adopting parents
more
than 6 months after birth, 
22            has maintained substantial and continuous or

23            repeated contact with the child as manifested by:

24            (I) the payment by the father
toward the support 
25            of the child of a fair and reasonable sum, 
26            according to the
father's means, and either (II) 
 
 
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1            the father's visiting the child at least
monthly

2            when physically and financially able to do so and 
3            not prevented from doing so
by the person or 
4            authorized agency having lawful custody of the 
5            child, or (III)
the father's regular communication 
6            with the child or with the person or agency
having 
7            the care or custody of the child, when physically 
8            and financially unable
to visit the child or 
9            prevented from doing so by the person or 
10            authorized
agency having lawful custody of the 
11            child.  The subjective intent of the
father,

12            whether expressed or otherwise unsupported by 
13            evidence of acts specified in
this sub-paragraph 
14            as manifesting such intent, shall not preclude a

15            determination that the father failed to maintain 
16            substantial and continuous or
repeated contact 
17            with the child; or

18                (vi) in the case of a child placed with the 
19            adopting parents more than
six
months after birth, 
20            openly lived with the child for a period of six 
21            months
within the one year period immediately 
22            preceding the placement of the child for
adoption 
23            and openly held himself out to be the father of the 
24            child; or

25                (vii) has timely registered with Putative 
26            Father Registry, as provided
in
Section 12.1 of 
 
 
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1            this Act,
and prior to the expiration of 30 days 
2            from the date
of such registration, commenced 
3            legal
proceedings to establish paternity under the 
4            Illinois Parentage Act of 1984, under the Illinois 
5            Parentage Act of 2015,
or under the law of the 
6            jurisdiction of the child's birth; or

7        (2) The legal guardian of the person of the child, if 
8    there
is no surviving parent; or

9        (3) An agency, if the child has been surrendered for

10    adoption to such agency; or

11        (4) Any person or agency having legal custody of a 
12    child by court order
if the parental rights of the parents 
13    have been judicially terminated, and
the court having 
14    jurisdiction of the guardianship of the child has 
15    authorized
the consent to the adoption; or

16        (5) The execution and
verification of the petition by 
17    any petitioner who is
also a parent of the child sought to 
18    be adopted shall be sufficient evidence
of such parent's 
19    consent to the adoption.

20    (c) Where surrenders to an agency are required in the case 
21of a placement
for adoption of a minor child by an agency, the 
22surrenders of the following
persons shall be sufficient:

23        (1)  (A) The mother of the minor child; and

24            (B) The father of the minor child, if the father:

25                (i) was married to the mother on the date of 
26            birth of the child or
within 300 days before the 
 
 
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1            birth of the child, except for a husband or former

2            husband who has been found by a court of competent 
3            jurisdiction not to be the
biological father of 
4            the child; or

5                (ii) is the father of the child under a 
6            judgment for adoption, an
order of parentage, or 
7            an acknowledgment of parentage or paternity 
8            pursuant
to subsection (a) of Section 5 of the 
9            Illinois Parentage Act of 1984 or pursuant to 
10            Article 3 of the Illinois Parentage Act of 2015; 
11            or

12                (iii) in the case of a child placed with the 
13            adopting parents less
than
6 months after birth, 
14            openly lived with the child, the child's 
15            biological
mother, or
both,
and
held himself out 
16            to be the child's biological father during the 
17            first 30 days
following the birth of a child; or

18                (iv) in the case of a child placed with the 
19            adopting parents less than
6
months after birth, 
20            made a good faith effort to pay a reasonable 
21            amount of the
expenses
related to the birth of the 
22            child and to provide a reasonable amount for the

23            financial support of the child before
the 
24            expiration of 30 days following the birth of
the

25            child,
provided that the court may consider in its 
26            determination all relevant
circumstances, 
 
 
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1            including the financial condition of both 
2            biological parents;
or

3                (v) in the case of a child placed with the 
4            adopting parents more than
six
months after birth, 
5            has maintained substantial and continuous or 
6            repeated
contact with the child as manifested by: 
7            (I) the payment by the father toward
the support 
8            of the child of a fair and reasonable sum, 
9            according to the
father's means, and either (II) 
10            the father's visiting the child at least
monthly 
11            when physically and financially able to do so and 
12            not prevented from
doing so by the person or 
13            authorized agency having lawful custody of the 
14            child
or (III) the father's regular communication 
15            with the child or with the person
or agency having 
16            the care or custody of the child, when physically 
17            and
financially unable to visit the child or 
18            prevented from doing so by the person
or 
19            authorized agency having lawful custody of the 
20            child.  The subjective
intent of the father, 
21            whether expressed or otherwise, unsupported by 
22            evidence
of acts specified in this sub-paragraph 
23            as manifesting such intent, shall not
preclude a 
24            determination that the father failed to maintain 
25            substantial and
continuous or repeated contact 
26            with the child; or

 
 
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1                (vi) in the case of a child placed with the 
2            adopting parents more than
six
months after birth, 
3            openly lived with the child for a period of six 
4            months
within the one year period immediately 
5            preceding the placement of the child for
adoption 
6            and openly held himself out to be the father of the 
7            child; or

8                (vii) has timely registered with the Putative 
9            Father Registry, as
provided
in Section 12.1 of 
10            this Act,
and prior to the expiration of 30 days 
11            from the date
of such
registration, commenced 
12            legal
proceedings to establish paternity under the 
13            Illinois Parentage Act of 1984, under the Illinois 
14            Parentage Act of 2015, or
under the law of the 
15            jurisdiction of the child's birth.

16    (d) In making a determination under subparagraphs (b)(1) 
17and (c)(1), no
showing shall be required of diligent efforts 
18by a person or agency to
encourage the father to perform the 
19acts specified therein.

20    (e) In the case of the adoption of an adult, only the 
21consent of
such adult shall be required.

22(Source: P.A. 99-85, eff. 1-1-16.)".