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1 | AN ACT concerning civil law. | |||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||||
3 | represented in the General Assembly: | |||||||||||||||||||||
4 | Section 5. The Adoption Act is amended by changing | |||||||||||||||||||||
5 | Sections 2 and 7 as follows: | |||||||||||||||||||||
6 | (750 ILCS 50/2) (from Ch. 40, par. 1502) | |||||||||||||||||||||
7 | Sec. 2. Who may adopt a child. | |||||||||||||||||||||
8 | A. Any of the following persons, who is under no legal | |||||||||||||||||||||
9 | disability (except the minority specified in sub-paragraph | |||||||||||||||||||||
10 | (b)) and who has resided in the State of Illinois continuously | |||||||||||||||||||||
11 | for a period of at least 6 months immediately preceding the | |||||||||||||||||||||
12 | commencement of an adoption proceeding, or any member of the | |||||||||||||||||||||
13 | armed forces of the United States who has been domiciled in the | |||||||||||||||||||||
14 | State of Illinois for 90 days, may institute such proceeding: | |||||||||||||||||||||
15 | (a) A reputable person of legal age and of either sex, | |||||||||||||||||||||
16 | provided that if such person is married or in a civil union | |||||||||||||||||||||
17 | and has not been living separate and apart from his or her | |||||||||||||||||||||
18 | spouse or civil union partner for 12 months or longer, his | |||||||||||||||||||||
19 | or her spouse or civil union partner shall be a party to | |||||||||||||||||||||
20 | the adoption proceeding, including a spouse or civil union | |||||||||||||||||||||
21 | partner desiring to adopt a child of the other spouse or | |||||||||||||||||||||
22 | civil union partner, in all of which cases the adoption | |||||||||||||||||||||
23 | shall be by both spouses or civil union partners jointly; |
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1 | (b) A minor, by leave of court upon good cause shown ; . | ||||||
2 | (c) Notwithstanding sub-paragraph (a) of this | ||||||
3 | subsection, a spouse or civil union partner is not | ||||||
4 | required to join in a petition for adoption for the | ||||||
5 | adoption of an adult if a petitioner is a former | ||||||
6 | stepparent of that adult, or to re-adopt a child after an | ||||||
7 | intercountry adoption if the spouse or civil union partner | ||||||
8 | did not previously adopt the child as set forth in | ||||||
9 | subsections (c) and (e) of Section 4.1 of this Act. For | ||||||
10 | purposes of this Section, "former stepparent" means a | ||||||
11 | person who was married to, or in a civil union with, the | ||||||
12 | legal parent of the adult seeking to be adopted, and the | ||||||
13 | marriage or civil union has ended. | ||||||
14 | B. The residence requirement specified in paragraph A of | ||||||
15 | this Section shall not apply to: | ||||||
16 | (a) an adoption of a related child; | ||||||
17 | (a-1) an adoption of a child previously adopted in a | ||||||
18 | foreign country by the petitioner; | ||||||
19 | (b) an adoption of a child placed by an | ||||||
20 | Illinois-licensed child welfare agency performing adoption | ||||||
21 | services; | ||||||
22 | (c) an adoption of an adult by a former stepparent; or | ||||||
23 | (d) an adoption of a child born in this State who has | ||||||
24 | resided continuously in this State since birth, or a child | ||||||
25 | who has continuously resided in this State for at least 6 | ||||||
26 | months immediately preceding the commencement of the |
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1 | adoption proceeding, if: | ||||||
2 | (1) an Illinois-licensed child welfare agency | ||||||
3 | performing adoption services has acknowledged a | ||||||
4 | consent or surrender of one or both of the biological | ||||||
5 | or legal parents of the child under this Act and the | ||||||
6 | Child Care Act of 1969; or | ||||||
7 | (2) an authorized person under Section 10 has | ||||||
8 | acknowledged a consent of one or both of the | ||||||
9 | biological or legal parents of the child and an | ||||||
10 | Illinois-licensed child welfare agency performing | ||||||
11 | adoption services has counseled the biological or | ||||||
12 | legal parent or parents of the child as to the birth | ||||||
13 | parent rights and responsibilities under the Child | ||||||
14 | Care Act of 1969 and the rules adopted thereunder. | ||||||
15 | C. A person may commence an adoption proceeding for a | ||||||
16 | youth in care only if the youth in care is placed with the | ||||||
17 | petitioning person or persons by the Department of Children | ||||||
18 | and Family Services at the time the petition is filed, and the | ||||||
19 | Department has provided its consent to the adoption or has | ||||||
20 | otherwise approved the adoption. | ||||||
21 | The Department shall adopt rules or procedures or both as | ||||||
22 | to what constitutes its approval of the adoption under this | ||||||
23 | subsection. | ||||||
24 | D. Nothing in this Section overrides the requirements | ||||||
25 | contained in Public Act 94-586. | ||||||
26 | (Source: P.A. 102-139, eff. 1-1-22; revised 7-24-24.) |
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1 | (750 ILCS 50/7) (from Ch. 40, par. 1509) | ||||||
2 | Sec. 7. Process. | ||||||
3 | A. All persons named in the petition for adoption or | ||||||
4 | standby adoption, other than the petitioners and any party who | ||||||
5 | has previously either denied being a parent pursuant to | ||||||
6 | Section 12a of this Act or whose rights have been terminated | ||||||
7 | pursuant to Section 12a of this Act or under the Juvenile Court | ||||||
8 | Act of 1987 , but including the person sought to be adopted, | ||||||
9 | shall be made parties defendant by name, and if the name or | ||||||
10 | names of any such persons are alleged in the petition to be | ||||||
11 | unknown such persons shall be made parties defendant under the | ||||||
12 | name and style of "All whom it may concern". In all such | ||||||
13 | actions petitioner or his attorney shall file, at the office | ||||||
14 | of the clerk of the court in which the action is pending, an | ||||||
15 | affidavit showing that the defendant resides or has gone out | ||||||
16 | of this State, or on due inquiry cannot be found, or is | ||||||
17 | concealed within this State, so that process cannot be served | ||||||
18 | upon him, and stating the place of residence of the defendant, | ||||||
19 | if known, or that upon diligent inquiry his place of residence | ||||||
20 | cannot be ascertained, the clerk shall cause publication to be | ||||||
21 | made in some newspaper published in the county in which the | ||||||
22 | action is pending. If there is no newspaper published in that | ||||||
23 | county, then the publication shall be in a newspaper published | ||||||
24 | in an adjoining county in this State, having a circulation in | ||||||
25 | the county in which such action is pending. In the event there |
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1 | is service on any of the parties by publication, the | ||||||
2 | publication shall contain notice of pendency of the action, | ||||||
3 | the name of the person to be adopted and the name of the | ||||||
4 | parties to be served by publication, and the date on or after | ||||||
5 | which default may be entered against such parties. Neither the | ||||||
6 | name of petitioners nor the name of any party who has either | ||||||
7 | surrendered said child, has given their consent to the | ||||||
8 | adoption of the child, or whose parental rights have been | ||||||
9 | terminated by a court of competent jurisdiction shall be | ||||||
10 | included in the notice of publication. The Clerk shall also, | ||||||
11 | within 10 ten (10) days of the first publication of the notice, | ||||||
12 | send a copy thereof by mail, addressed to each defendant whose | ||||||
13 | place of residence is stated in such affidavit. The | ||||||
14 | certificate of the Clerk that he sent the copies pursuant to | ||||||
15 | this section is evidence that he has done so. Except as | ||||||
16 | provided in this section pertaining to service by publication, | ||||||
17 | all parties defendant shall be notified of the proceedings in | ||||||
18 | the same manner as is now or may hereafter be required in other | ||||||
19 | civil cases or proceedings, except that service of process | ||||||
20 | need not be directed to a minor defendant under 14 years of age | ||||||
21 | for whom a guardian ad litem has been or will be appointed | ||||||
22 | pursuant to paragraph (a) of subsection B of Section 13 of this | ||||||
23 | Act. Nothing in the provisions of the preceding sentence | ||||||
24 | stating that service of process need not be directed to a minor | ||||||
25 | defendant under 14 years of age for whom a guardian ad litem | ||||||
26 | has been or will be appointed is intended to override any |
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1 | provision of this Act which relates to information to which an | ||||||
2 | adopted person is entitled under Section 18.1 of this Act. Any | ||||||
3 | party defendant who is of age of 14 years or upward may waive | ||||||
4 | service of process by entering an appearance in writing. The | ||||||
5 | form to be used for publication shall be substantially as | ||||||
6 | follows: "ADOPTION NOTICE - STATE OF ILLINOIS, County of ...., | ||||||
7 | ss. - Circuit Court of .... County. In the matter of the | ||||||
8 | Petition for the Adoption of ...., a ..male child. Adoption | ||||||
9 | No. ..... To-- .... (whom it may concern or the named parent) | ||||||
10 | Take notice that a petition was filed in the Circuit Court of | ||||||
11 | .... County, Illinois, for the adoption of a child named ..... | ||||||
12 | Now, therefore, unless you ...., and all whom it may concern, | ||||||
13 | file your answer to the Petition in the action or otherwise | ||||||
14 | file your appearance therein, in the said Circuit Court of | ||||||
15 | ...., County, Room ...., ...., in the City of ...., Illinois, | ||||||
16 | on or before the .... day of ...., a default may be entered | ||||||
17 | against you at any time after that day and a judgment entered | ||||||
18 | in accordance with the prayer of said Petition. Dated, ...., | ||||||
19 | Illinois, .... ...., Clerk. (Name and address of attorney for | ||||||
20 | petitioners.) | ||||||
21 | B. A minor defendant who has been served in accordance | ||||||
22 | with this Section may be defaulted in the same manner as any | ||||||
23 | other defendant. | ||||||
24 | C. Notwithstanding any inconsistent provision of this or | ||||||
25 | any other law, and in addition to the notice requirements of | ||||||
26 | any law pertaining to persons other than those specified in |
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1 | this subsection, the persons entitled to notice that a | ||||||
2 | petition has been filed under Section 5 of this Act shall | ||||||
3 | include: | ||||||
4 | (a) any person adjudicated by a court in this State to | ||||||
5 | be the father of the child; | ||||||
6 | (b) any person adjudicated by a court of another state | ||||||
7 | or territory of the United States to be the father of the | ||||||
8 | child, when a certified copy of the court order has been | ||||||
9 | filed with the Putative Father Registry under Section 12.1 | ||||||
10 | of this Act; | ||||||
11 | (c) any person who at the time of the filing of the | ||||||
12 | petition is registered in the Putative Father Registry | ||||||
13 | under Section 12.1 of this Act as the putative father of | ||||||
14 | the child; | ||||||
15 | (d) any person who is recorded on the child's birth | ||||||
16 | certificate as the child's parent, unless that person has | ||||||
17 | been determined not to be the parent of the child or has | ||||||
18 | had parental rights terminated by a court of competent | ||||||
19 | jurisdiction father ; | ||||||
20 | (e) any person who is openly living with the child or | ||||||
21 | the child's mother at the time the proceeding is initiated | ||||||
22 | and who holds out the child as that person's child unless | ||||||
23 | that person has been determined not to be the parent of the | ||||||
24 | child or has had parental rights terminated by a court of | ||||||
25 | competent jurisdiction is holding himself out to be the | ||||||
26 | child's father ; |
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1 | (f) any person who has been identified as the child's | ||||||
2 | parent father by the mother in a written, sworn statement, | ||||||
3 | including an Affidavit of Identification as specified | ||||||
4 | under Section 11 of this Act , unless that person has been | ||||||
5 | determined not to be the parent of the child or has had | ||||||
6 | parental rights terminated by a court of competent | ||||||
7 | jurisdiction ; | ||||||
8 | (g) any person who was married to the child's mother | ||||||
9 | on the date of the child's birth or within 300 days prior | ||||||
10 | to the child's birth , unless that person has been | ||||||
11 | determined not to be the parent of the child or has had | ||||||
12 | parental rights terminated by a court of competent | ||||||
13 | jurisdiction . | ||||||
14 | The sole purpose of notice under this Section shall be to | ||||||
15 | enable the person receiving notice to appear in the adoption | ||||||
16 | proceedings to present evidence to the court relevant to | ||||||
17 | whether the consent or surrender of the person to the adoption | ||||||
18 | is required pursuant to Section 8 of this Act. If the court | ||||||
19 | determines that the consent or surrender of the person is not | ||||||
20 | required pursuant to Section 8, then the person shall not be | ||||||
21 | entitled to participate in the proceedings or to any further | ||||||
22 | notice of the proceedings. | ||||||
23 | (Source: P.A. 97-988, eff. 1-1-13.) |