Full Text of SB0511 94th General Assembly
SB0511enr 94TH GENERAL ASSEMBLY
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| AN ACT concerning adoption.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Adoption Act is amended by changing Sections | 5 |
| 7 and 8 as follows:
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| (750 ILCS 50/7) (from Ch. 40, par. 1509)
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| Sec. 7. Process.
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| A. All persons named in the petition for adoption or | 9 |
| standby adoption,
other
than the
petitioners and any party who | 10 |
| has previously either denied being a parent
pursuant to Section | 11 |
| 12a of this Act or whose rights have been terminated
pursuant | 12 |
| to Section 12a of this Act, but including the person sought to | 13 |
| be
adopted, shall be made parties defendant by name, and if the | 14 |
| name or names
of any such persons are alleged in the petition | 15 |
| to be unknown such persons
shall be made parties defendant | 16 |
| under the name and style of "All whom it
may concern". In all | 17 |
| such actions petitioner or his attorney
shall file, at
the | 18 |
| office of the clerk of the court in which the action is | 19 |
| pending, an
affidavit showing that the defendant resides or has | 20 |
| gone out of this State,
or on due inquiry cannot be found, or | 21 |
| is concealed within this State, so
that process cannot be | 22 |
| served upon him, and stating the place of residence
of the | 23 |
| defendant, if known, or that upon diligent inquiry his place of
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| residence cannot be ascertained, the clerk shall cause | 25 |
| publication to be
made in some newspaper published in the | 26 |
| county in which the action is
pending. If there is no newspaper | 27 |
| published in that county, then the
publication shall be in a | 28 |
| newspaper published in an adjoining county in
this State, | 29 |
| having a circulation in the county in which such action is
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| pending. In the event there is service on any of the parties by
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| publication, the publication shall contain notice of pendency | 32 |
| of the
action, the name of the person to be adopted and the |
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| name of the parties to
be served by publication, and the date | 2 |
| on or after which default may be
entered against such parties. | 3 |
| Neither the name of petitioners nor the name
of any party who | 4 |
| has either surrendered said child, has given their consent
to | 5 |
| the adoption of the child, or whose parental rights have been | 6 |
| terminated
by a court of competent jurisdiction shall be | 7 |
| included in the notice of
publication. The Clerk shall also, | 8 |
| within ten (10) days of the first
publication of the notice, | 9 |
| send a copy thereof by mail, addressed to each
defendant whose | 10 |
| place of residence is stated in such affidavit. The
certificate | 11 |
| of the Clerk that he sent the copies pursuant to this section
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| is evidence that he has done so. Except as provided in this | 13 |
| section
pertaining to service by publication, all parties | 14 |
| defendant shall be
notified of the proceedings in the same | 15 |
| manner as is now or may hereafter
be required in other civil | 16 |
| cases or proceedings. Any party defendant who is
of age of 14 | 17 |
| years or upward may waive service of process by entering an
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| appearance in writing. The form to be used for publication | 19 |
| shall be
substantially as follows:
"ADOPTION NOTICE - STATE OF | 20 |
| ILLINOIS, County of ...., ss. - Circuit Court
of .... County. | 21 |
| In the matter of the Petition for the Adoption of ...., a
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| ..male child. Adoption No. .....
To-- .... (whom it may concern | 23 |
| or the named parent)
Take notice that a petition was filed in | 24 |
| the Circuit Court of .... County,
Illinois, for the adoption of | 25 |
| a child named ..... Now, therefore, unless
you ...., and all | 26 |
| whom it may concern, file your answer to the Petition in
the | 27 |
| action or otherwise file your appearance therein,
in the said | 28 |
| Circuit
Court of ...., County, Room ...., ...., in the City of | 29 |
| ...., Illinois, on
or before the .... day of ...., a default | 30 |
| may be entered against you at any
time after that day and a | 31 |
| judgment entered in accordance with the prayer of
said | 32 |
| Petition.
Dated, ...., Illinois, .... ...., Clerk.
(Name and | 33 |
| address of attorney for petitioners.)
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| B. A minor defendant who has been served in accordance with | 35 |
| this Section
may be defaulted in the same manner as any other | 36 |
| defendant.
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| C. Notwithstanding any inconsistent provision of this or | 2 |
| any other law,
and in addition to the notice requirements of | 3 |
| any law pertaining to persons
other than those specified in | 4 |
| this subsection, the persons entitled to notice
that a petition | 5 |
| has been filed under Section 5 of this Act shall include:
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| (a) any person adjudicated by a court in this State to | 7 |
| be the father of
the child;
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| (b) any person adjudicated by a court of another state | 9 |
| or territory of the
United States to be the father of the | 10 |
| child, when a certified copy of the court
order has been | 11 |
| filed with the Putative Father Registry under Section 12.1 | 12 |
| of
this Act;
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| (c) any person who at the time of the filing of the | 14 |
| petition is registered
in the Putative Father Registry | 15 |
| under Section 12.1 of this Act as the putative
father of | 16 |
| the child;
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| (d) any person who is recorded on the child's birth | 18 |
| certificate as the
child's father;
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| (e) any person who is openly living with the child or | 20 |
| the child's mother
at the time the proceeding is initiated | 21 |
| and who is holding himself out to be
the child's father;
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| (f) any person who has been identified as the child's | 23 |
| father by the mother
in a written, sworn statement, | 24 |
| including an Affidavit of Identification as
specified | 25 |
| under Section 11 of this Act;
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| (g) any person who was married to the child's mother on | 27 |
| the date of the
child's birth or within 300 days prior to | 28 |
| the child's birth.
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| The sole purpose of notice under this Section shall be to | 30 |
| enable the person
receiving notice to appear in the adoption | 31 |
| proceedings to present evidence to
the court relevant to | 32 |
| whether the consent or surrender of the person to the adoption | 33 |
| is required pursuant to Section 8 of this Act. If the court | 34 |
| determines that the consent or surrender of the person is not | 35 |
| required pursuant to Section 8, then the person shall not be | 36 |
| entitled to participate in the proceedings or to any further |
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| notice of the proceedings
the best interests of the child .
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| (Source: P.A. 91-572, eff. 1-1-00.)
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| (750 ILCS 50/8) (from Ch. 40, par. 1510)
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| Sec. 8. Consents to adoption and surrenders for purposes of
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| adoption.
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| (a) Except as hereinafter provided in this
Section consents | 7 |
| or surrenders shall be required in all cases, unless the
person | 8 |
| whose
consent or surrender would otherwise be required shall be | 9 |
| found by the
court:
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| (1) to be an unfit person
as defined in Section
1 of | 11 |
| this Act, by clear and convincing evidence; or
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| (2) not to be the biological or adoptive father of the | 13 |
| child; or
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| (3) to have waived his parental rights to the child | 15 |
| under Section 12a or
12.1 of
this Act; or
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| (4) to be the parent of an adult
sought to be adopted; | 17 |
| or
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| (5) to be
the father of the child as a result of | 19 |
| criminal sexual abuse or assault as
defined under Article | 20 |
| 12 of the Criminal Code of 1961; or
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| (6) to be the father of a child who: | 22 |
| (i) is a family member of the mother of the child, | 23 |
| and the mother is under the age of 18 at the time of | 24 |
| the child's conception; for purposes of this | 25 |
| subsection, a "family member" is a parent, | 26 |
| step-parent, grandparent, step-grandparent, sibling, | 27 |
| or cousin of the first degree, whether by whole blood, | 28 |
| half-blood, or adoption, as well as a person age 18 or | 29 |
| over at the time of the child's conception who has | 30 |
| resided in the household with the mother continuously | 31 |
| for at least one year; or | 32 |
| (ii) is at least 5 years older than the child's | 33 |
| mother, and the mother was under the age of 17 at the | 34 |
| time of the child's conception, unless the mother and | 35 |
| father voluntarily acknowledge the father's paternity |
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| of the child by marrying or by establishing the | 2 |
| father's paternity by consent of the parties pursuant | 3 |
| to the Illinois Parentage Act of 1984 or pursuant to a | 4 |
| substantially similar statute in another state. | 5 |
| A criminal conviction of any offense pursuant to | 6 |
| Article 12 of the Criminal Code of 1961 is not required.
to | 7 |
| have been indicated for child sexual abuse as defined in | 8 |
| the
Abused and Neglected Child Reporting Act that involved | 9 |
| sexual penetration of
the mother; or
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| (7) to be at least 5 years older than the mother and | 11 |
| the mother was under
the age 17 at the time of conception | 12 |
| of the child to be adopted.
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| (b) Where consents are required in the case of an adoption
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| of a minor child, the consents of the following persons shall | 15 |
| be
sufficient:
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| (1) (A) The mother of the minor child; and
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| (B) The father of the minor child, if the father:
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| (i) was married to the mother on the date of | 19 |
| birth of the child or
within
300 days before the | 20 |
| birth of the child, except for a husband or former
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| husband who has been found by a court of competent | 22 |
| jurisdiction not to be the
biological father of the | 23 |
| child; or
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| (ii) is the father of the child under a | 25 |
| judgment for adoption, an
order of parentage, or an | 26 |
| acknowledgment of parentage or paternity pursuant
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| to subsection (a) of Section 5 of the Illinois | 28 |
| Parentage Act of 1984; or
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| (iii) in the case of a child placed with the | 30 |
| adopting parents less
than
6 months after birth, | 31 |
| openly lived with the child, the child's | 32 |
| biological
mother, or
both,
and
held himself out to | 33 |
| be the child's biological father during the first | 34 |
| 30 days
following the birth of the child; or
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| (iv) in the case of a child placed with the | 36 |
| adopting parents less than
6
months after birth, |
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| made a good faith effort to pay a reasonable amount | 2 |
| of the
expenses
related to the birth of the child | 3 |
| and to provide a reasonable amount for the
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| financial support of the child before the | 5 |
| expiration of 30 days following the
birth of the | 6 |
| child,
provided that the court may consider in its | 7 |
| determination all
relevant circumstances, | 8 |
| including the financial condition of both | 9 |
| biological
parents; or
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| (v) in the case of a child placed with the | 11 |
| adopting parents
more
than 6 months after birth, | 12 |
| has maintained substantial and continuous or
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| repeated contact with the child as manifested by:
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| (I) the payment by the father
toward the support of | 15 |
| the child of a fair and reasonable sum, according | 16 |
| to the
father's means, and either (II) the father's | 17 |
| visiting the child at least
monthly
when | 18 |
| physically and financially able to do so and not | 19 |
| prevented from doing so
by the person or authorized | 20 |
| agency having lawful custody of the child, or (III)
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| the father's regular communication with the child | 22 |
| or with the person or agency
having the care or | 23 |
| custody of the child, when physically and | 24 |
| financially unable
to visit the child or prevented | 25 |
| from doing so by the person or authorized
agency | 26 |
| having lawful custody of the child. The subjective | 27 |
| intent of the
father,
whether expressed or | 28 |
| otherwise unsupported by evidence of acts | 29 |
| specified in
this sub-paragraph as manifesting | 30 |
| such intent, shall not preclude a
determination | 31 |
| that the father failed to maintain substantial and | 32 |
| continuous or
repeated contact with the child; or
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| (vi) in the case of a child placed with the | 34 |
| adopting parents more than
six
months after birth, | 35 |
| openly lived with the child for a period of six | 36 |
| months
within the one year period immediately |
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| preceding the placement of the child for
adoption | 2 |
| and openly held himself out to be the father of the | 3 |
| child; or
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| (vii) has timely registered with Putative | 5 |
| Father Registry, as provided
in
Section 12.1 of | 6 |
| this Act,
and prior to the expiration of 30 days | 7 |
| from the date
of such registration, commenced | 8 |
| legal
proceedings to establish paternity under the | 9 |
| Illinois Parentage Act of 1984
or under the law of | 10 |
| the jurisdiction of the child's birth; or
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| (2) The legal guardian of the person of the child, if | 12 |
| there
is no surviving parent; or
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| (3) An agency, if the child has been surrendered for
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| adoption to such agency; or
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| (4) Any person or agency having legal custody of a | 16 |
| child by court order
if the parental rights of the parents | 17 |
| have been judicially terminated, and
the court having | 18 |
| jurisdiction of the guardianship of the child has | 19 |
| authorized
the consent to the adoption; or
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| (5) The execution and
verification of the petition by | 21 |
| any petitioner who is
also a parent of the child sought to | 22 |
| be adopted shall be sufficient evidence
of such parent's | 23 |
| consent to the adoption.
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| (c) Where surrenders to an agency are required in the case | 25 |
| of a placement
for adoption of a minor child by an agency, the | 26 |
| surrenders of the following
persons shall be sufficient:
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| (1) (A) The mother of the minor child; and
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| (B) The father of the minor child, if the father:
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| (i) was married to the mother on the date of | 30 |
| birth of the child or
within 300 days before the | 31 |
| birth of the child, except for a husband or former
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| husband who has been found by a court of competent | 33 |
| jurisdiction not to be the
biological father of the | 34 |
| child; or
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| (ii) is the father of the child under a | 36 |
| judgment for adoption, an
order of parentage, or an |
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| acknowledgment of parentage or paternity pursuant
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| to subsection (a) of Section 5 of the Illinois | 3 |
| Parentage Act of 1984; or
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| (iii) in the case of a child placed with the | 5 |
| adopting parents less
than
6 months after birth, | 6 |
| openly lived with the child, the child's | 7 |
| biological
mother, or
both,
and
held himself out to | 8 |
| be the child's biological father during the first | 9 |
| 30 days
following the birth of a child; or
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| (iv) in the case of a child placed with the | 11 |
| adopting parents less than
6
months after birth, | 12 |
| made a good faith effort to pay a reasonable amount | 13 |
| of the
expenses
related to the birth of the child | 14 |
| and to provide a reasonable amount for the
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| financial support of the child before
the | 16 |
| expiration of 30 days following the birth of
the
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| child,
provided that the court may consider in its | 18 |
| determination all relevant
circumstances, | 19 |
| including the financial condition of both | 20 |
| biological parents;
or
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| (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 | 27 |
| to the
father's means, and either (II) the father's | 28 |
| visiting the child at least
monthly when | 29 |
| physically and financially able to do so and not | 30 |
| prevented from
doing so by the person or authorized | 31 |
| agency having lawful custody of the child
or (III) | 32 |
| the father's regular communication with the child | 33 |
| or with the person
or agency having the care or | 34 |
| custody of the child, when physically and
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| financially unable to visit the child or prevented | 36 |
| from doing so by the person
or authorized agency |
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| having lawful custody of the child. The subjective
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| intent of the father, whether expressed or | 3 |
| otherwise, unsupported by evidence
of acts | 4 |
| specified in this sub-paragraph as manifesting | 5 |
| such intent, shall not
preclude a determination | 6 |
| that the father failed to maintain substantial and
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| continuous or repeated contact with the child; or
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| (vi) in the case of a child placed with the | 9 |
| adopting parents more than
six
months after birth, | 10 |
| openly lived with the child for a period of six | 11 |
| months
within the one year period immediately | 12 |
| preceding the placement of the child for
adoption | 13 |
| and openly held himself out to be the father of the | 14 |
| child; or
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| (vii) has timely registered with the Putative | 16 |
| Father Registry, as
provided
in Section 12.1 of | 17 |
| this Act,
and prior to the expiration of 30 days | 18 |
| from the date
of such
registration, commenced | 19 |
| legal
proceedings to establish paternity under the | 20 |
| Illinois Parentage Act of 1984, or
under the law of | 21 |
| the jurisdiction of the child's birth.
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| (d) In making a determination under subparagraphs (b)(1) | 23 |
| and (c)(1), no
showing shall be required of diligent efforts by | 24 |
| a person or agency to
encourage the father to perform the acts | 25 |
| specified therein.
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| (e) In the case of the adoption of an adult, only the | 27 |
| consent of
such adult shall be required.
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| (Source: P.A. 93-510, eff. 1-1-04.)
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