093_HB3552ham001

 










                                     LRB093 09879 LCB 13047 a

 1                    AMENDMENT TO HOUSE BILL 3552

 2        AMENDMENT NO.     .  Amend House Bill 3552  by  replacing
 3    everything after the enacting clause with the following:

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

 6        (750 ILCS 50/8) (from Ch. 40, par. 1510)
 7        Sec. 8.  Consents to adoption and surrenders for purposes
 8    of adoption.
 9        (a)  Except  as  hereinafter  provided  in  this  Section
10    consents or surrenders shall be required in all cases, unless
11    the person whose consent  or  surrender  would  otherwise  be
12    required shall be found by the court:
13             (1)  to  be  an unfit person as defined in Section 1
14        of this Act, by clear and convincing evidence; or
15             (2)  not to be the biological or adoptive father  of
16        the child; or
17             (3)  to have waived his parental rights to the child
18        under Section 12a or 12.1 of this Act; or
19             (4)  to  be  the  parent  of  an  adult sought to be
20        adopted; or
21             (5)  to be the father of the child as  a  result  of
22        criminal sexual abuse or assault as defined under Article
 
                            -2-      LRB093 09879 LCB 13047 a
 1        12 of the Criminal Code of 1961; or.
 2             (6)  to  have  been indicated for child sexual abuse
 3        as defined in the Abused and  Neglected  Child  Reporting
 4        Act that involved sexual penetration of the mother; or
 5             (7)  to  be  at  least 5 years older than the mother
 6        and the mother was under  the  age  17  at  the  time  of
 7        conception of the child to be adopted.
 8        (b)  Where  consents  are  required  in  the  case  of an
 9    adoption of a minor child,  the  consents  of  the  following
10    persons shall be sufficient:
11             (1) (A)  The mother of the minor child; and
12             (B)  The father of the minor child, if the father:
13                  (i)  was  married  to the mother on the date of
14             birth of the child or within  300  days  before  the
15             birth  of  the child, except for a husband or former
16             husband who has been found by a court  of  competent
17             jurisdiction  not to be the biological father of the
18             child; or
19                  (ii)  is  the  father  of  the  child  under  a
20             judgment for adoption, an order of parentage, or  an
21             acknowledgment of parentage or paternity pursuant to
22             subsection   (a)   of  Section  5  of  the  Illinois
23             Parentage Act of 1984; or
24                  (iii)  in the case of a child placed  with  the
25             adopting  parents  less  than  6 months after birth,
26             openly lived with the child, the child's  biological
27             mother,  or  both,  and  held  himself out to be the
28             child's biological father during the first  30  days
29             following the birth of the child; or
30                  (iv)  in  the  case  of a child placed with the
31             adopting parents less than  6  months  after  birth,
32             made  a good faith effort to pay a reasonable amount
33             of the expenses related to the birth  of  the  child
34             and to provide a reasonable amount for the financial
 
                            -3-      LRB093 09879 LCB 13047 a
 1             support  of  the  child  before the expiration of 30
 2             days following the birth of the child, provided that
 3             the court may  consider  in  its  determination  all
 4             relevant   circumstances,  including  the  financial
 5             condition of both biological parents; or
 6                  (v)  in the case of a  child  placed  with  the
 7             adopting parents more than 6 months after birth, has
 8             maintained  substantial  and  continuous or repeated
 9             contact with the child as  manifested  by:  (I)  the
10             payment  by  the  father  toward  the support of the
11             child of a fair and reasonable sum, according to the
12             father's  means,  and  either  (II)   the   father's
13             visiting  the child at least monthly when physically
14             and financially able to do so and not prevented from
15             doing so by the person or authorized  agency  having
16             lawful  custody  of the child, or (III) the father's
17             regular communication with the  child  or  with  the
18             person  or  agency having the care or custody of the
19             child, when physically  and  financially  unable  to
20             visit  the  child  or prevented from doing so by the
21             person or authorized agency having lawful custody of
22             the child.  The subjective  intent  of  the  father,
23             whether   expressed   or  otherwise  unsupported  by
24             evidence of acts specified in this sub-paragraph  as
25             manifesting   such  intent,  shall  not  preclude  a
26             determination that the  father  failed  to  maintain
27             substantial  and continuous or repeated contact with
28             the child; or
29                  (vi)  in the case of a child  placed  with  the
30             adopting  parents  more than six months after birth,
31             openly lived with the child  for  a  period  of  six
32             months   within  the  one  year  period  immediately
33             preceding the placement of the  child  for  adoption
34             and  openly held himself out to be the father of the
 
                            -4-      LRB093 09879 LCB 13047 a
 1             child; or
 2                  (vii)  has  timely  registered  with   Putative
 3             Father Registry, as provided in Section 12.1 of this
 4             Act, and prior to the expiration of 30 days from the
 5             date   of   such   registration,   commenced   legal
 6             proceedings   to   establish   paternity  under  the
 7             Illinois Parentage Act of 1984 or under the  law  of
 8             the jurisdiction of the child's birth; or
 9             (2)  The  legal guardian of the person of the child,
10        if there is no surviving parent; or
11             (3)  An agency, if the child  has  been  surrendered
12        for adoption to such agency; or
13             (4)  Any  person or agency having legal custody of a
14        child by court  order  if  the  parental  rights  of  the
15        parents  have  been  judicially terminated, and the court
16        having jurisdiction of the guardianship of the child  has
17        authorized the consent to the adoption; or
18             (5)  The  execution and verification of the petition
19        by any petitioner who is  also  a  parent  of  the  child
20        sought to be adopted shall be sufficient evidence of such
21        parent's consent to the adoption.
22        (c)  Where  surrenders  to  an agency are required in the
23    case of a placement for adoption  of  a  minor  child  by  an
24    agency,  the  surrenders  of  the  following persons shall be
25    sufficient:
26             (1) (A)  The mother of the minor child; and
27             (B)  The father of the minor child, if the father:
28                  (i)  was married to the mother on the  date  of
29             birth  of  the  child  or within 300 days before the
30             birth of the child, except for a husband  or  former
31             husband  who  has been found by a court of competent
32             jurisdiction not to be the biological father of  the
33             child; or
34                  (ii)  is  the  father  of  the  child  under  a
 
                            -5-      LRB093 09879 LCB 13047 a
 1             judgment  for adoption, an order of parentage, or an
 2             acknowledgment of parentage or paternity pursuant to
 3             subsection  (a)  of  Section  5  of   the   Illinois
 4             Parentage Act of 1984; or
 5                  (iii)  in  the  case of a child placed with the
 6             adopting parents less than  6  months  after  birth,
 7             openly  lived with the child, the child's biological
 8             mother, or both, and held  himself  out  to  be  the
 9             child's  biological  father during the first 30 days
10             following the birth of a child; or
11                  (iv)  in the case of a child  placed  with  the
12             adopting  parents  less  than  6 months after birth,
13             made a good faith effort to pay a reasonable  amount
14             of  the  expenses  related to the birth of the child
15             and to provide a reasonable amount for the financial
16             support of the child before  the  expiration  of  30
17             days following the birth of the child, provided that
18             the  court  may  consider  in  its determination all
19             relevant  circumstances,  including  the   financial
20             condition of both biological parents; or
21                  (v)  in  the  case  of  a child placed with the
22             adopting parents more than six months  after  birth,
23             has   maintained   substantial   and  continuous  or
24             repeated contact with the child  as  manifested  by:
25             (I)  the payment by the father toward the support of
26             the child of a fair and reasonable sum, according to
27             the father's means, and  either  (II)  the  father's
28             visiting  the child at least monthly when physically
29             and financially able to do so and not prevented from
30             doing so by the person or authorized  agency  having
31             lawful  custody  of  the child or (III) the father's
32             regular communication with the  child  or  with  the
33             person  or  agency having the care or custody of the
34             child, when physically  and  financially  unable  to
 
                            -6-      LRB093 09879 LCB 13047 a
 1             visit  the  child  or prevented from doing so by the
 2             person or authorized agency having lawful custody of
 3             the child.  The subjective  intent  of  the  father,
 4             whether   expressed  or  otherwise,  unsupported  by
 5             evidence of acts specified in this sub-paragraph  as
 6             manifesting   such  intent,  shall  not  preclude  a
 7             determination that the  father  failed  to  maintain
 8             substantial  and continuous or repeated contact with
 9             the child; or
10                  (vi)  in the case of a child  placed  with  the
11             adopting  parents  more than six months after birth,
12             openly lived with the child  for  a  period  of  six
13             months   within  the  one  year  period  immediately
14             preceding the placement of the  child  for  adoption
15             and  openly held himself out to be the father of the
16             child; or
17                  (vii)  has timely registered with the  Putative
18             Father Registry, as provided in Section 12.1 of this
19             Act, and prior to the expiration of 30 days from the
20             date   of   such   registration,   commenced   legal
21             proceedings   to   establish   paternity  under  the
22             Illinois Parentage Act of 1984, or under the law  of
23             the jurisdiction of the child's birth.
24        (d)  In making a determination under subparagraphs (b)(1)
25    and  (c)(1), no showing shall be required of diligent efforts
26    by a person or agency to encourage the father to perform  the
27    acts specified therein.
28        (e)  In  the  case  of the adoption of an adult, only the
29    consent of such adult shall be required.
30    (Source: P.A. 90-15, eff. 6-13-97; 91-357, eff. 7-29-99.)".