Full Text of HB6080 96th General Assembly
HB6080 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB6080
Introduced 2/11/2010, by Rep. Sara Feigenholtz SYNOPSIS AS INTRODUCED: |
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750 ILCS 50/10 |
from Ch. 40, par. 1512 |
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Amends the Adoption Act. Provides 2 new adoption forms: final and irrevocable designated surrender for purposes of adoption; and final and irrevocable consent to adoption by a specified person or persons in a non-DCFS case. Effective immediately.
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A BILL FOR
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HB6080 |
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LRB096 18717 AJO 36573 b |
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| AN ACT concerning civil law.
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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 Section | 5 |
| 10 as follows:
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| (750 ILCS 50/10) (from Ch. 40, par. 1512)
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| Sec. 10. Forms of consent and surrender; execution and
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| acknowledgment thereof. A. The form of consent required for | 9 |
| the
adoption of a born child shall be substantially as follows:
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| FINAL AND IRREVOCABLE CONSENT TO ADOPTION
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| I, ...., (relationship, e.g., mother, father, relative, | 12 |
| guardian)
of ...., a ..male child, state:
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| That such child was born on .... at ....
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| That I reside at ...., County of .... and State of ....
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| That I am of the age of .... years.
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| That I hereby enter my appearance in this proceeding and | 17 |
| waive
service of summons on me.
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| That I do hereby consent and agree to the adoption of such | 19 |
| child.
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| That I wish to and understand that by signing this consent | 21 |
| I do
irrevocably and permanently give up all custody and other | 22 |
| parental
rights I have to such child.
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| That I understand such child will be placed for adoption |
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HB6080 |
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LRB096 18717 AJO 36573 b |
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| and that I
cannot under any circumstances, after signing this | 2 |
| document, change my
mind and revoke or cancel this consent or | 3 |
| obtain or recover custody or
any other rights over such child. | 4 |
| That I have read and understand the
above and I am signing it | 5 |
| as my free and voluntary act.
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| Dated (insert date).
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| .........................
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| If under Section 8 the consent of more than one person is | 9 |
| required,
then each such person shall execute a separate | 10 |
| consent.
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| B. The form of consent required for the adoption of an | 12 |
| unborn child
shall be substantially as follows:
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| CONSENT TO ADOPTION OF UNBORN CHILD
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| I, ...., state:
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| That I am the father of a child expected to be born on or | 16 |
| about ....
to .... (name of mother).
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| That I reside at .... County of ...., and State of .....
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| That I am of the age of .... years.
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| That I hereby enter my appearance in such adoption | 20 |
| proceeding and
waive service of summons on me.
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| That I do hereby consent and agree to the adoption of such | 22 |
| child, and
that I have not previously executed a consent or | 23 |
| surrender with respect
to such child.
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| That I wish to and do understand that by signing this | 25 |
| consent I do
irrevocably and permanently give up all custody |
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LRB096 18717 AJO 36573 b |
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| and other parental
rights I have to such child, except that I | 2 |
| have the right to revoke this
consent by giving written notice | 3 |
| of my revocation not later than 72
hours after the birth of the | 4 |
| child.
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| That I understand such child will be placed for adoption | 6 |
| and that,
except as hereinabove provided, I cannot under any | 7 |
| circumstances, after
signing this document, change my mind and | 8 |
| revoke or cancel this consent
or obtain or recover custody or | 9 |
| any other rights over such child.
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| That I have read and understand the above and I am signing | 11 |
| it as my
free and voluntary act.
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| Dated (insert date).
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| ........................
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| B-5. (1) The parent of a child may execute a consent to | 15 |
| standby
adoption by a specified person or persons. A consent | 16 |
| under this subsection B-5
shall be acknowledged by a parent | 17 |
| pursuant to subsection H and subsection K of
this Section.
The | 18 |
| form of consent required for the standby adoption of a born | 19 |
| child
effective at a future date when the consenting
parent of | 20 |
| the child dies or
requests that a final judgment of adoption be | 21 |
| entered shall be substantially as
follows:
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| FINAL AND IRREVOCABLE CONSENT
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| TO STANDBY ADOPTION
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| I, ..., (relationship, e.g. mother or father)
of ...., a | 25 |
| ..male child, state:
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| That the child was born on .... at .....
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| That I reside at ...., County of ...., and State of .....
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| That I am of the age of .... years.
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| That I hereby enter my appearance in this proceeding and | 4 |
| waive service of
summons on me in this action only.
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| That I do hereby consent and
agree to the standby adoption | 6 |
| of the child, and that I have not previously
executed a consent | 7 |
| or surrender with respect to the child.
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| That I wish to and understand that by signing this consent | 9 |
| I do irrevocably
and permanently give up all custody and other | 10 |
| parental rights I have to the
child, effective upon
(my death) | 11 |
| (the child's other parent's death) or upon (my) (the other
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| parent's) request for the entry of a final judgment for | 13 |
| adoption if .....
(specified person or persons) adopt my child.
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| That I understand that until (I die) (the child's other | 15 |
| parent dies), I
retain all legal rights and obligations | 16 |
| concerning the child, but at that time,
I irrevocably give all | 17 |
| custody and other parental rights to .... (specified
person or | 18 |
| persons).
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| I understand my child will be adopted by ....... (specified | 20 |
| person or
persons) only and that I cannot, under any | 21 |
| circumstances, after signing this
document, change my mind and | 22 |
| revoke or cancel this consent or obtain or recover
custody or | 23 |
| any other rights over my child if ..... (specified person or
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| persons) adopt my child.
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| I understand that this consent to standby adoption is valid | 26 |
| only if the
petition for standby adoption is filed and that if |
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| ....... (specified person or
persons), for any reason, cannot | 2 |
| or will not file a petition for standby
adoption or if his, | 3 |
| her, or their petition for standby adoption is denied, then
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| this consent is void. I have the right to notice of any other | 5 |
| proceeding that
could affect my parental rights.
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| That I have read and understand the above and I am signing | 7 |
| it as my free and
voluntary act.
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| Dated (insert date).
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| ....................
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| If under Section 8 the consent of more than one person is | 11 |
| required, then each
such
person shall execute a separate | 12 |
| consent. A separate consent shall be executed
for each
child.
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| (2) If the parent consents to a standby adoption by 2 | 14 |
| specified persons,
then the form shall contain 2 additional | 15 |
| paragraphs in substantially the
following form:
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| If .... (specified persons) obtain a judgment of
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| dissolution of
marriage before the judgment for adoption is | 18 |
| entered, then .....
(specified person) shall adopt my child. I | 19 |
| understand that I cannot change my
mind and revoke this consent | 20 |
| or obtain or recover custody of my child if .....
(specified | 21 |
| persons) obtain a judgment of dissolution of marriage and .....
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| (specified person) adopts my child. I understand that I cannot | 23 |
| change my
mind and revoke this consent if ...... (specified | 24 |
| persons) obtain a
judgment of dissolution of marriage before | 25 |
| the adoption is final. I
understand that this consent to |
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| adoption has no effect on who will get custody
of my child if | 2 |
| ..... (specified persons) obtain a judgment of dissolution
of | 3 |
| marriage after the adoption is final. I understand that if | 4 |
| either .....
(specified persons) dies before the petition to | 5 |
| adopt my child is granted, then
the surviving person may adopt | 6 |
| my child. I understand that I cannot change my
mind and revoke | 7 |
| this consent or obtain or recover custody of my child if the
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| surviving person adopts my child.
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| A consent to standby adoption by specified persons on this | 10 |
| form shall have no
effect on a court's determination of custody | 11 |
| or visitation under the Illinois
Marriage and Dissolution
of | 12 |
| Marriage Act if the marriage of the specified persons is | 13 |
| dissolved before
the adoption is final.
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| (3) The form of the certificate of acknowledgement for a | 15 |
| Final and
Irrevocable Consent for Standby Adoption shall be | 16 |
| substantially as follows:
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| STATE OF .....)
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| ) SS.
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| COUNTY OF ....)
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| I, ....... (name of Judge or other person) ..... (official | 21 |
| title,
name, and address), certify that ......., personally | 22 |
| known to me to be
the same person whose name is subscribed to | 23 |
| the foregoing Final and Irrevocable
Consent to Standby | 24 |
| Adoption, appeared before me this day in person and
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| acknowledged that (she) (he) signed and
delivered the consent | 2 |
| as (her) (his) free and voluntary act, for the specified
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| purpose.
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| I have fully explained that this consent to adoption is | 5 |
| valid only if the
petition to adopt is filed, and that if the | 6 |
| specified person or persons, for
any reason, cannot or will not | 7 |
| adopt the child or if the adoption petition is
denied, then | 8 |
| this consent will be void. I have fully explained that if the
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| specified person or persons adopt the child, by signing this | 10 |
| consent (she) (he)
is irrevocably and permanently | 11 |
| relinquishing all parental rights to the child,
and (she) (he) | 12 |
| has stated that such is (her) (his) intention and desire.
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| Dated (insert date).
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| Signature..............................
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| (4) If a consent to standby adoption is executed in this | 16 |
| form,
the consent shall be valid only if the specified
person | 17 |
| or persons adopt the child. The consent shall be void if:
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| (a) the specified person or persons do not file a petition | 19 |
| for standby
adoption of the child; or
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| (b) a court denies the standby adoption petition.
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| The parent shall not need to take further action to revoke | 22 |
| the consent if the
standby adoption by the specified person or | 23 |
| persons does not occur,
notwithstanding the provisions of | 24 |
| Section 11 of this Act.
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| C. The form of surrender to any agency given by a parent of | 26 |
| a born
child who is to be subsequently placed for adoption |
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LRB096 18717 AJO 36573 b |
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| shall be
substantially as follows and shall contain such other | 2 |
| facts and
statements as the particular agency shall require.
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| FINAL AND IRREVOCABLE SURRENDER
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| FOR PURPOSES OF ADOPTION
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| I, .... (relationship, e.g., mother, father, relative, | 6 |
| guardian) of
...., a ..male child, state:
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| That such child was born on ...., at .....
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| That I reside at ...., County of ...., and State of .....
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| That I am of the age of .... years.
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| That I do hereby surrender and entrust the entire custody | 11 |
| and control
of such child to the .... (the "Agency"), a | 12 |
| (public) (licensed) child
welfare agency with its principal | 13 |
| office in the City of ...., County of
.... and State of ...., | 14 |
| for the purpose of enabling it to care for and
supervise the | 15 |
| care of such child, to place such child for adoption and
to | 16 |
| consent to the legal adoption of such child.
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| That I hereby grant to the Agency full power and authority | 18 |
| to place
such child with any person or persons it may in its | 19 |
| sole discretion
select to become the adopting parent or parents | 20 |
| and to consent to the
legal adoption of such child by such | 21 |
| person or persons; and to take any
and all measures which, in | 22 |
| the judgment of the Agency, may be for the
best interests of | 23 |
| such child, including authorizing medical, surgical
and dental | 24 |
| care and treatment including inoculation and anaesthesia for
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| such child.
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| That I wish to and understand that by signing this |
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LRB096 18717 AJO 36573 b |
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| surrender I do
irrevocably and permanently give up all custody | 2 |
| and other parental
rights I have to such child.
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| That I understand I cannot under any circumstances, after | 4 |
| signing
this surrender, change my mind and revoke or cancel | 5 |
| this surrender or
obtain or recover custody or any other rights | 6 |
| over such child.
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| That I have read and understand the above and I am signing | 8 |
| it as my
free and voluntary act.
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| Dated (insert date).
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| ........................
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| C-5. The form of a Final and Irrevocable Designated | 12 |
| Surrender for Purposes of Adoption to any agency given by a | 13 |
| parent of a born child who is to be subsequently placed for | 14 |
| adoption shall be substantially as follows and shall contain | 15 |
| such other facts and statements as the particular agency shall | 16 |
| require: | 17 |
| FINAL AND IRREVOCABLE DESIGNATED SURRENDER | 18 |
| FOR PURPOSES OF ADOPTION | 19 |
| 1. I, .... (relationship, e.g., mother, father, relative, | 20 |
| guardian) of ...., a ..male child, state: | 21 |
| 2. That such child was born on ...., at ..... | 22 |
| 3. That I reside at ...., County of ...., and State of | 23 |
| ..... | 24 |
| 4. That I am of the age of .... years. | 25 |
| 5. That I hereby enter my appearance in this proceeding and | 26 |
| waive service of summons on me. |
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| 6. That I do hereby surrender and entrust the entire | 2 |
| custody and control of such child to the .... (the "Agency"), a | 3 |
| (public) (licensed) child welfare agency with its principal | 4 |
| office in the City of ...., County of .... and State of ...., | 5 |
| for the purpose of enabling it to care for and supervise the | 6 |
| care of such child, to place such child for adoption with | 7 |
| ............................. (specified person or persons) | 8 |
| and to consent to the legal adoption of such child and to take | 9 |
| any and all measures which, in the judgment of the Agency, may | 10 |
| be for the best interests of such child, including authorizing | 11 |
| medical, surgical and dental care and treatment including | 12 |
| inoculation and anesthesia for such child. | 13 |
| 7. That I wish to and understand that by signing this | 14 |
| surrender I do irrevocably and permanently give up all custody | 15 |
| and other parental rights I have to such child. | 16 |
| 8. That if the petition for adoption is not filed by the | 17 |
| specified person or persons designated herein or, if said | 18 |
| petition for adoption is filed but the adoption petition is | 19 |
| dismissed with prejudice or the
adoption proceeding is | 20 |
| otherwise concluded without an order declaring the child to be | 21 |
| the adopted child of each said person, then I hereby grant to | 22 |
| the Agency full power and authority to place such child with | 23 |
| any person or persons it may in its sole discretion select to | 24 |
| become the adopting parent or parents and to consent to the | 25 |
| legal adoption of such child by such person or persons. | 26 |
| 9. That I acknowledge that this surrender is valid even if |
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| the specified person or persons separate or divorce or one of | 2 |
| the specified persons dies prior to the entry of the final | 3 |
| judgment for adoption. | 4 |
| 10. That I expressly acknowledge that the above paragraphs | 5 |
| 8 and 9 do not impair the validity and absolute finality of | 6 |
| this surrender under any circumstance. | 7 |
| 11. That I understand I cannot under any circumstances, | 8 |
| after signing this surrender, change my mind and revoke or | 9 |
| cancel this surrender or obtain or recover custody or any other | 10 |
| rights over such child. | 11 |
| 12. That I have read and understand the above and I am | 12 |
| signing it as my free and voluntary act. | 13 |
| Dated (insert date). | 14 |
| .............................. | 15 |
| D. The form of surrender to an agency given by a parent of | 16 |
| an unborn
child who is to be subsequently placed for adoption | 17 |
| shall be
substantially as follows and shall contain such other | 18 |
| facts and
statements as the particular agency shall require.
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| SURRENDER OF UNBORN CHILD FOR
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| PURPOSES OF ADOPTION
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| I, .... (father), state:
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| That I am the father of a child expected to be born on or | 23 |
| about ....
to .... (name of mother).
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| That I reside at ...., County of ...., and State of .....
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| That I am of the age of .... years.
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| That I do hereby surrender and entrust the entire custody |
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HB6080 |
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LRB096 18717 AJO 36573 b |
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| and control
of such child to the .... (the "Agency"), a | 2 |
| (public) (licensed) child
welfare agency with its principal | 3 |
| office in the City of ...., County of
.... and State of ...., | 4 |
| for the purpose of enabling it to care for and
supervise the | 5 |
| care of such child, to place such child for adoption and
to | 6 |
| consent to the legal adoption of such child, and that I have | 7 |
| not
previously executed a consent or surrender with respect to | 8 |
| such child.
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| That I hereby grant to the Agency full power and authority | 10 |
| to place
such child with any person or persons it may in its | 11 |
| sole discretion
select to become the adopting parent or parents | 12 |
| and to consent to the
legal adoption of such child by such | 13 |
| person or persons; and to take any
and all measures which, in | 14 |
| the judgment of the Agency, may be for the
best interests of | 15 |
| such child, including authorizing medical, surgical
and dental | 16 |
| care and treatment, including inoculation and anaesthesia for
| 17 |
| such child.
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| That I wish to and understand that by signing this | 19 |
| surrender I do
irrevocably and permanently give up all custody | 20 |
| and other parental
rights I have to such child.
| 21 |
| That I understand I cannot under any circumstances, after | 22 |
| signing
this surrender, change my mind and revoke or cancel | 23 |
| this surrender or
obtain or recover custody or any other rights | 24 |
| over such child, except
that I have the right to revoke this | 25 |
| surrender by giving written notice
of my revocation not later | 26 |
| than 72 hours after the birth of such child.
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HB6080 |
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LRB096 18717 AJO 36573 b |
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| That I have read and understand the above and I am signing | 2 |
| it as my
free and voluntary act.
| 3 |
| Dated (insert date).
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| ........................
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| E. The form of consent required from the parents for the | 6 |
| adoption of
an adult, when such adult elects to obtain such | 7 |
| consent, shall be
substantially as follows:
| 8 |
| CONSENT
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| I, ...., (father) (mother) of ...., an adult, state:
| 10 |
| That I reside at ...., County of .... and State of .....
| 11 |
| That I do hereby consent and agree to the adoption of such | 12 |
| adult by
.... and .....
| 13 |
| Dated (insert date).
| 14 |
| .........................
| 15 |
| F. The form of consent required for the adoption of a child | 16 |
| of the
age of 14 years or upwards, or of an adult, to be given | 17 |
| by such person,
shall be substantially as follows:
| 18 |
| CONSENT
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| I, ...., state:
| 20 |
| That I reside at ...., County of .... and State of ..... | 21 |
| That I am
of the age of .... years. That I consent and agree to | 22 |
| my adoption by
.... and .....
| 23 |
| Dated (insert date).
| 24 |
| ........................
| 25 |
| G. The form of consent given by an agency to the adoption | 26 |
| by
specified persons of a child previously surrendered to it |
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LRB096 18717 AJO 36573 b |
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| shall set
forth that the agency has the authority to execute | 2 |
| such consent. The
form of consent given by a guardian of the | 3 |
| person of a child sought to
be adopted, appointed by a court of | 4 |
| competent jurisdiction, shall set
forth the facts of such | 5 |
| appointment and the authority of the guardian to
execute such | 6 |
| consent.
| 7 |
| H. A consent (other than that given by an agency, or | 8 |
| guardian of the
person of the child sought to be adopted who | 9 |
| was appointed by a court of
competent jurisdiction) shall be | 10 |
| acknowledged by a parent before a judge of a court of competent | 11 |
| jurisdiction or, except as otherwise provided in
this Act, | 12 |
| before a representative of an agency, or before a person, other | 13 |
| than the attorney for the prospective adoptive parent or | 14 |
| parents, designated by a court of competent
jurisdiction.
| 15 |
| I. A surrender, or any other document equivalent to a | 16 |
| surrender, by
which a child is surrendered to an agency shall | 17 |
| be acknowledged by the
person signing such surrender, or other | 18 |
| document, before a judge of a court of competent jurisdiction, | 19 |
| or, except as otherwise provided in this Act, before a | 20 |
| representative of an agency, or before a person designated by a | 21 |
| court
of competent jurisdiction.
| 22 |
| J. The form of the certificate of acknowledgment for a | 23 |
| consent, a
surrender, or any other document equivalent to a | 24 |
| surrender, shall be
substantially as follows:
| 25 |
| STATE OF ....)
| 26 |
| ) SS.
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LRB096 18717 AJO 36573 b |
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| COUNTY OF ...)
| 2 |
| I, .... (Name of judge or other person), .... (official | 3 |
| title, name and
location of court or status or position of | 4 |
| other person),
certify that ...., personally known to me to be | 5 |
| the same person whose
name is subscribed to the foregoing | 6 |
| (consent) (surrender), appeared
before me this day in person | 7 |
| and acknowledged that (she) (he) signed and
delivered such | 8 |
| (consent) (surrender) as (her) (his) free and voluntary
act, | 9 |
| for the specified purpose.
| 10 |
| I have fully explained that by signing such (consent) | 11 |
| (surrender)
(she) (he) is irrevocably relinquishing all | 12 |
| parental rights to such
child or adult and (she) (he) has | 13 |
| stated that such is (her) (his)
intention and desire.
| 14 |
| Dated (insert date).
| 15 |
| Signature ...............
| 16 |
| K. When the execution of a consent or a surrender is | 17 |
| acknowledged
before someone other than a judge,
such other | 18 |
| person shall have his or her signature on the certificate
| 19 |
| acknowledged before a notary public, in form substantially as | 20 |
| follows:
| 21 |
| STATE OF ....)
| 22 |
| ) SS.
| 23 |
| COUNTY OF ...)
| 24 |
| I, a Notary Public, in and for the County of ......, in the | 25 |
| State of
......, certify that ...., personally known to me to | 26 |
| be the
same person whose name is subscribed to the foregoing |
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| certificate of
acknowledgment, appeared before me in person and | 2 |
| acknowledged that (she)
(he) signed such certificate as (her) | 3 |
| (his) free and voluntary act and
that the statements made in | 4 |
| the certificate are true.
| 5 |
| Dated (insert date).
| 6 |
| Signature ...................... Notary Public
| 7 |
| (official seal)
| 8 |
| There shall be attached a certificate of magistracy, or | 9 |
| other
comparable proof of office of the notary public | 10 |
| satisfactory to the
court, to a consent signed and acknowledged | 11 |
| in another state.
| 12 |
| L. A surrender or consent executed and acknowledged outside | 13 |
| of this
State, either in accordance with the law of this State | 14 |
| or in accordance
with the law of the place where executed, is | 15 |
| valid.
| 16 |
| M. Where a consent or a surrender is signed in a foreign | 17 |
| country,
the execution of such consent shall be acknowledged or | 18 |
| affirmed in a
manner conformable to the law and procedure of | 19 |
| such country.
| 20 |
| N. If the person signing a consent or surrender is in the | 21 |
| military
service of the United States, the execution of such | 22 |
| consent or surrender
may be acknowledged before a commissioned | 23 |
| officer and the signature of
such officer on such certificate | 24 |
| shall be verified or acknowledged
before a notary public or by | 25 |
| such other procedure as is then in effect
for such division or |
|
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LRB096 18717 AJO 36573 b |
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| 1 |
| branch of the armed forces.
| 2 |
| O. (1) The parent or parents of a child in whose interests | 3 |
| a petition
under Section 2-13 of the Juvenile Court Act of 1987 | 4 |
| is pending may, with the
approval of the designated | 5 |
| representative of the Department of Children and
Family | 6 |
| Services, execute a consent to adoption by a specified person | 7 |
| or
persons:
| 8 |
| (a) in whose physical custody the child has resided for | 9 |
| at least 6
months;
or
| 10 |
| (b) in whose physical custody at least one sibling of | 11 |
| the child who is the
subject of this consent has resided | 12 |
| for at least 6 months, and
the child who is
the subject of | 13 |
| this consent is currently residing in this foster home; or
| 14 |
| (c) in whose physical custody a child under one year of | 15 |
| age has resided
for at least 3 months.
| 16 |
| A consent under this subsection O shall be acknowledged by a | 17 |
| parent pursuant to
subsection H and subsection K of this | 18 |
| Section.
| 19 |
| (2) The consent to adoption by a specified person or | 20 |
| persons shall have the
caption of the proceeding in which it is | 21 |
| to be filed and shall be substantially
as follows:
| 22 |
| FINAL AND IRREVOCABLE CONSENT TO ADOPTION BY
| 23 |
| A SPECIFIED PERSON OR PERSONS
| 24 |
| I, ......................................, the | 25 |
| .................. (mother or
father) of a ....male child, | 26 |
| state:
|
|
|
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LRB096 18717 AJO 36573 b |
|
| 1 |
| 1. My child ............................ (name of | 2 |
| child) was born on
(insert date) at .................... | 3 |
| Hospital in
................ County, State of | 4 |
| ...............
| 5 |
| 2. I reside at ......................, County of | 6 |
| ............. and
State of ..............
| 7 |
| 3. I, ..........................., am .... years old.
| 8 |
| 4. I enter my appearance in this action to adopt my | 9 |
| child by the
person or persons specified herein by me and | 10 |
| waive service of
summons on me in this action only.
| 11 |
| 5. I consent to the adoption of my child by
| 12 |
| .............................
(specified person or | 13 |
| persons) only.
| 14 |
| 6. I wish to sign this consent and I understand that by | 15 |
| signing this
consent I irrevocably and permanently give up | 16 |
| all parental rights I have to my
child if my child is | 17 |
| adopted by ............................. (specified person
| 18 |
| or persons).
| 19 |
| 7. I understand my child will be adopted by | 20 |
| .............................
(specified person or | 21 |
| persons) only and that I cannot under any circumstances,
| 22 |
| after signing this document, change my mind and revoke or | 23 |
| cancel this consent
or obtain or recover custody or any | 24 |
| other rights over my child if
............................ | 25 |
| (specified person or persons) adopt my child.
| 26 |
| 8. I understand that this consent to adoption is valid |
|
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LRB096 18717 AJO 36573 b |
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| 1 |
| only if the
petition to adopt is filed within one year from | 2 |
| the date that I sign it and
that if ....................... | 3 |
| (specified person or persons), for any reason,
cannot or | 4 |
| will not file a petition to adopt my child within that one | 5 |
| year
period or if their adoption petition is denied, then | 6 |
| this consent will be
voidable after one year upon the | 7 |
| timely filing of my motion. If I file this
motion before | 8 |
| the filing of the petition for adoption, I understand that | 9 |
| the
court shall revoke this specific consent.
I have the | 10 |
| right to notice of any other proceeding that could affect | 11 |
| my
parental rights, except for the proceeding for | 12 |
| ............. (specified person
or persons) to adopt my | 13 |
| child.
| 14 |
| 9. I have read and understand the above and I am | 15 |
| signing it as my free
and voluntary act.
| 16 |
| Dated (insert date).
| 17 |
| .............................................
| 18 |
| Signature of parent
| 19 |
| (3) If the parent consents to an adoption by 2 specified | 20 |
| persons, then the
form shall contain 2 additional paragraphs in | 21 |
| substantially the following form:
| 22 |
| 10. If ............... (specified persons) get a | 23 |
| divorce
before the petition to adopt my child is granted, | 24 |
| then ..........
(specified person) shall adopt my child. I | 25 |
| understand that I
cannot change my mind and revoke this | 26 |
| consent or obtain or
recover custody over my child if |
|
|
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HB6080 |
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LRB096 18717 AJO 36573 b |
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| 1 |
| ............. (specified persons)
divorce and | 2 |
| ............. (specified person) adopts my
child. I | 3 |
| understand that I cannot change my mind and revoke
this | 4 |
| consent or obtain or recover custody over my child if
| 5 |
| ................. (specified persons) divorce after the
| 6 |
| adoption is final. I understand that this consent to | 7 |
| adoption
has no effect on who will get custody of my child | 8 |
| if they
divorce after the adoption is final.
| 9 |
| 11. I understand that if either ...............
| 10 |
| (specified persons) dies before the petition to adopt
my | 11 |
| child is granted, then the surviving person can adopt my | 12 |
| child. I
understand that I cannot change my mind and revoke | 13 |
| this consent
or obtain or recover custody over my child if | 14 |
| the surviving
person adopts my child.
| 15 |
| A consent to adoption by specified persons on this form | 16 |
| shall
have no effect on a court's determination of custody or | 17 |
| visitation
under the Illinois Marriage and Dissolution of | 18 |
| Marriage Act if the
marriage of the
specified persons is | 19 |
| dissolved after the adoption is final.
| 20 |
| (4) The form of the certificate of acknowledgement for a | 21 |
| Final and
Irrevocable Consent for Adoption by a Specified | 22 |
| Person or Persons shall be
substantially as follows:
| 23 |
| STATE OF..............)
| 24 |
| ) SS.
| 25 |
| COUNTY OF.............)
|
|
|
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LRB096 18717 AJO 36573 b |
|
| 1 |
| I, .................... (Name of Judge or other person),
| 2 |
| ..................... (official title, name, and address),
| 3 |
| certify that ............., personally known to me to be the | 4 |
| same person whose
name is subscribed to the foregoing Final and | 5 |
| Irrevocable Consent for Adoption
by a Specified Person or | 6 |
| Persons, appeared before me this day
in person and acknowledged | 7 |
| that (she)(he) signed and delivered the consent as
(her)(his) | 8 |
| free and voluntary act, for the specified purpose.
| 9 |
| I have fully explained that this consent to adoption is | 10 |
| valid only if the
petition to adopt is filed within one year | 11 |
| from the date that it is signed, and
that if the specified | 12 |
| person or persons, for any reason, cannot or will not
adopt the | 13 |
| child or if the adoption petition is denied, then this consent | 14 |
| will
be voidable after one year upon the timely filing of a | 15 |
| motion by the parent
to revoke the consent. I explained that if | 16 |
| this motion is filed before the
filing of the petition for | 17 |
| adoption, the court shall revoke this specific
consent. I have | 18 |
| fully explained that if the specified person or
persons adopt
| 19 |
| the child, by signing this consent this parent is irrevocably
| 20 |
| and permanently
relinquishing all parental rights to the child, | 21 |
| and this parent has stated that
such is (her)(his) intention | 22 |
| and desire.
| 23 |
| Dated (insert date).
| 24 |
| ...............................
| 25 |
| Signature
|
|
|
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LRB096 18717 AJO 36573 b |
|
| 1 |
| (5) If a consent to adoption by a specified person or | 2 |
| persons is executed in
this form, the following provisions | 3 |
| shall apply. The consent shall be valid
only if that specified | 4 |
| person or persons adopt the child. The consent shall be
| 5 |
| voidable after one year if:
| 6 |
| (a) the specified person or persons do not file a | 7 |
| petition to adopt the
child within one year after the | 8 |
| consent is signed and the parent files a
timely motion to | 9 |
| revoke this consent. If this motion is filed before the
| 10 |
| filing of the petition for adoption the court shall revoke | 11 |
| this consent; or
| 12 |
| (b) a court denies the adoption petition; or
| 13 |
| (c) the Department of Children and Family Services | 14 |
| Guardianship
Administrator determines that the specified | 15 |
| person or persons will not or
cannot complete the adoption, | 16 |
| or in the best interests of the child should not
adopt the | 17 |
| child.
| 18 |
| Within 30 days of the consent becoming void, the Department | 19 |
| of Children and
Family Services Guardianship Administrator | 20 |
| shall make good faith attempts to
notify the parent in writing | 21 |
| and shall give written notice to the court and all
additional | 22 |
| parties in writing that the adoption has not occurred or will | 23 |
| not
occur and that the consent is void. If the adoption by a | 24 |
| specified person or
persons does not occur, no proceeding for | 25 |
| termination of parental rights shall
be brought unless the | 26 |
| biological parent who executed the consent to adoption by
a |
|
|
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LRB096 18717 AJO 36573 b |
|
| 1 |
| specified person or persons has been notified of the proceeding | 2 |
| pursuant to
Section 7 of this Act or subsection (4) of Section | 3 |
| 2-13 of the Juvenile Court
Act of 1987. The parent shall not | 4 |
| need to take further action to revoke the
consent if the | 5 |
| specified adoption does not occur, notwithstanding the
| 6 |
| provisions of Section 11 of this Act.
| 7 |
| (6) The Department of Children and Family Services is | 8 |
| authorized
to promulgate rules necessary to implement this | 9 |
| subsection O.
| 10 |
| (7) The Department shall collect and maintain data | 11 |
| concerning the efficacy
of specific consents. This data shall | 12 |
| include the number of specific consents
executed and their | 13 |
| outcomes, including but not limited to the number of
children | 14 |
| adopted pursuant to the consents, the number of children for | 15 |
| whom
adoptions are not completed, and the reason or reasons why | 16 |
| the adoptions are
not completed.
| 17 |
| O-5. (1) The form of the Final and Irrevocable Consent to | 18 |
| Adoption By A Specified Person or Persons; Non-DCFS Case set | 19 |
| forth in this subsection O-5 is to be used by legal parents | 20 |
| only. This form is not to be used in cases in which there is a | 21 |
| pending petition under Section 2-13 of the Juvenile Court Act | 22 |
| of 1987. | 23 |
| (2) The form of the Final and Irrevocable Consent to | 24 |
| Adoption By A Specified Person or Persons in a non-DCFS case | 25 |
| shall have the caption of the proceeding in which it is to be | 26 |
| filed and shall be substantially as follows: |
|
|
|
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LRB096 18717 AJO 36573 b |
|
| 1 |
| FINAL AND IRREVOCABLE CONSENT TO ADOPTION BY | 2 |
| A SPECIFIED PERSON OR PERSONS; NON-DCFS CASE | 3 |
| 1. I, ...., (relationship, e.g., mother, father) of ...., a | 4 |
| ..male child, state: | 5 |
| 2. That such child was born on .... at ......City… and | 6 |
| State of.... | 7 |
| 3. That I reside at ...., County of .... and State of .... | 8 |
| 4. That I am of the age of .... years. | 9 |
| 5. That I hereby enter my appearance in this proceeding and | 10 |
| waive service of summons on me. | 11 |
| 6. That I do hereby consent and agree to the adoption of | 12 |
| such child by .... (specified persons) only. | 13 |
| 7. That I wish to and understand that upon signing this | 14 |
| consent I do irrevocably and permanently give up all custody | 15 |
| and other parental rights I have to such child if such child is | 16 |
| adopted by .... (specified person or persons). I hereby | 17 |
| transfer all of my rights to the custody, care and control of | 18 |
| such child to ............................. (specified person | 19 |
| or persons). | 20 |
| 8. That I understand such child will be adopted by | 21 |
| ....................... (specified person or persons) and that | 22 |
| I cannot under any circumstances, after signing this document, | 23 |
| change my mind and revoke or cancel this consent or obtain or | 24 |
| recover custody or any other rights over such child if | 25 |
| ............................ (specified person or persons) | 26 |
| adopt(s) such child; PROVIDED that each specified person or |
|
|
|
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LRB096 18717 AJO 36573 b |
|
| 1 |
| persons has filed or shall file, within 60 days from the date | 2 |
| hereof, a petition for the adoption of such child. | 3 |
| 9. That if the specified person or persons designated | 4 |
| herein does or do not file a petition for adoption within the | 5 |
| time-frame specified above, or, if said petition for adoption | 6 |
| is filed within the time-frame specified above but the adoption | 7 |
| petition is dismissed with prejudice or the adoption proceeding | 8 |
| is otherwise concluded without an order declaring the child to | 9 |
| be the adopted child of each said person, then I request that | 10 |
| the child be returned to me. | 11 |
| 10. That I expressly acknowledge that above paragraphs 8 | 12 |
| and 9 do not impair the validity and absolute finality of this | 13 |
| consent under any circumstance other than those specified in | 14 |
| paragraph 9. | 15 |
| 11. That I understand that I have a remaining duty and | 16 |
| obligation to keep…… (insert name and address of the attorney | 17 |
| for the specified person or persons) apprised of my current | 18 |
| address until this adoption has been finalized. The failure to | 19 |
| do so may result in the termination of my parental rights and | 20 |
| the child being placed for adoption in another home. | 21 |
| 12. That I do expressly waive any other notice or service | 22 |
| of process in any of the legal proceedings for the adoption of | 23 |
| the child as long as the adoption proceeding by the specified | 24 |
| person or persons is pending. | 25 |
| 13. That I have read and understand the above and I am | 26 |
| signing it as my free and voluntary act. |
|
|
|
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LRB096 18717 AJO 36573 b |
|
| 1 |
| 14. That I acknowledge that this consent is valid even if | 2 |
| the specified person or persons separate or divorce or one of | 3 |
| the specified persons dies prior to the entry of the final | 4 |
| judgment for adoption. | 5 |
| Dated (insert date). | 6 |
| ............................................. | 7 |
| Signature of parent | 8 |
| ............................................. | 9 |
| Address of parent | 10 |
| ............................................. | 11 |
| Phone number(s) of parent | 12 |
| ............................................. | 13 |
| Personal email(s) of parent | 14 |
| (3) The form of the certificate of acknowledgement for a | 15 |
| Final and Irrevocable Consent for Adoption by a Specified | 16 |
| Person or Persons; Non-DCFS Case shall be substantially as | 17 |
| follows: | 18 |
| STATE OF..............)
| 19 |
| ) SS.
| 20 |
| COUNTY OF.............) | 21 |
| I, .................... (Name of Judge or other person), | 22 |
| ..................... (official title, name, and address), | 23 |
| certify that ............., personally known to me to be the | 24 |
| same person whose name is subscribed to the foregoing Final and | 25 |
| Irrevocable Consent for Adoption by a Specified Person or |
|
|
|
HB6080 |
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LRB096 18717 AJO 36573 b |
|
| 1 |
| Persons; non-DCFS case, appeared before me this day in person | 2 |
| and acknowledged that (she)(he) signed and delivered the | 3 |
| consent as (her)(his) free and voluntary act, for the specified | 4 |
| purpose. | 5 |
| P. If the person signing a consent is incarcerated or | 6 |
| detained in a correctional facility, prison, jail, detention | 7 |
| center, or other comparable institution, either in this State | 8 |
| or any other jurisdiction, the execution of such consent may be | 9 |
| acknowledged before social service personnel of such | 10 |
| institution, or before a person designated by a court of | 11 |
| competent jurisdiction. | 12 |
| Q. A consent may be acknowledged telephonically, via | 13 |
| audiovisual connection, or other electronic means, provided | 14 |
| that a court of competent jurisdiction has entered an order | 15 |
| approving the execution of the consent in such manner and has | 16 |
| designated an individual to be physically present with the | 17 |
| parent executing such consent in order to verify the identity | 18 |
| of the parent. | 19 |
| R. An agency whose representative is acknowledging a | 20 |
| consent pursuant to this Section shall be a public child | 21 |
| welfare agency, or a child welfare agency, or a child placing | 22 |
| agency that is authorized or licensed in the State or | 23 |
| jurisdiction in which the consent is signed. | 24 |
| (Source: P.A. 96-601, eff. 8-21-09.)
| 25 |
| Section 99. Effective date. This Act takes effect upon | 26 |
| becoming law.
|
|