HB0243 96TH GENERAL ASSEMBLY

LRB096 03307 AJO 13326 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB0243

Introduced 1/20/2009, by Rep. Robert W. Pritchard

SYNOPSIS AS INTRODUCED:

750 ILCS 50/2

from Ch. 40, par. 1502

Amends the Adoption Act. Provides that it is the public policy of the State of Illinois that a reputable person of legal age and of either sex who is married and has not been living separate and apart from his or her spouse for 12 months or longer may institute an intercountry adoption proceeding without the person's spouse being a party to the adoption proceeding and without the adoption being by both spouses jointly if: the person is under no legal disability; the person has resided in the State of Illinois continuously for a period of at least 6 months immediately preceding the commencement of the intercountry adoption proceeding or is a member of the armed forces of the United States who has been domiciled in the State of Illinois for 90 days; and the person's spouse consents in writing to the granting of the intercountry adoption without the spouse being a party to the proceeding. Provides that, regardless of where an intercountry adoption proceeding is brought or is planned to be brought, the Department of Children and Family Services shall exercise its powers and duties with respect to an intercountry adoption proceeding meeting the above requirements in the same manner in which the Department of Children and Family Services exercises its powers and duties with respect to an adoption meeting existing statutory requirements. Effective immediately.

A BILL FOR

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Adoption Act is amended by changing Section 2 as follows:

(750 ILCS 50/2) (from Ch. 40, par. 1502)

Sec. 2. Who may adopt a child.

A. Any of the following persons, who is under no legal disability (except the minority specified in sub-paragraph (b)) and who has resided in the State of Illinois continuously for a period of at least 6 months immediately preceding the commencement of an adoption proceeding, or any member of the armed forces of the United States who has been domiciled in the State of Illinois for 90 days, may institute such proceeding:

(a) A reputable person of legal age and of either sex, provided that if such person is married and has not been living separate and apart from his or her spouse for 12 months or longer, his or her spouse shall be a party to the adoption proceeding, including a husband or wife desiring to adopt a child of the other spouse, in all of which cases the adoption shall be by both spouses jointly, except as provided in subsection A-5 of this Section;

(b) A minor, by leave of court upon good cause shown.

A-5. It is the public policy of the State of Illinois that a reputable person of legal age and of either sex who is married and has not been living separate and apart from his or her spouse for 12 months or longer may institute an intercountry adoption proceeding without the person's spouse being a party to the adoption proceeding and without the adoption being by both spouses jointly if:

(1) the person is under no legal disability;

(2) the person (a) has resided in the State of Illinois continuously for a period of at least 6 months immediately preceding the commencement of the intercountry adoption proceeding or (b) is a member of the armed forces of the United States who has been domiciled in the State of Illinois for 90 days; and

(3) the person's spouse consents in writing to the granting of the intercountry adoption without the spouse being a party to the proceeding.

Regardless of where an intercountry adoption proceeding is brought or is planned to be brought, the Department of Children and Family Services shall exercise its powers and duties with respect to an intercountry adoption proceeding meeting the requirements of this subsection A-5 in the same manner in which the Department of Children and Family Services exercises its powers and duties with respect to an adoption proceeding meeting the requirements of subsection A of this Section.

B. The residence requirement specified in paragraph A of this Section shall not apply to an adoption of a related child or to an adoption of a child placed by an agency.

(Source: P.A. 90-608, eff. 6-30-98; revised 10-23-08.)

Section 99. Effective date. This Act takes effect upon becoming law.