Full Text of HB2405 96th General Assembly
HB2405enr 96TH GENERAL ASSEMBLY
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HB2405 Enrolled |
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LRB096 04182 AJO 14224 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 Sections | 5 |
| 10 and 14.5 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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| 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 04182 AJO 14224 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 04182 AJO 14224 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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HB2405 Enrolled |
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LRB096 04182 AJO 14224 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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| D. The form of surrender to an agency given by a parent of | 12 |
| an unborn
child who is to be subsequently placed for adoption | 13 |
| shall be
substantially as follows and shall contain such other | 14 |
| 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 | 19 |
| 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 | 23 |
| and control
of such child to the .... (the "Agency"), a | 24 |
| (public) (licensed) child
welfare agency with its principal | 25 |
| office in the City of ...., County of
.... and State of ...., | 26 |
| for the purpose of enabling it to care for and
supervise the |
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HB2405 Enrolled |
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| care of such child, to place such child for adoption and
to | 2 |
| consent to the legal adoption of such child, and that I have | 3 |
| not
previously executed a consent or surrender with respect to | 4 |
| such child.
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| That I hereby grant to the Agency full power and authority | 6 |
| to place
such child with any person or persons it may in its | 7 |
| sole discretion
select to become the adopting parent or parents | 8 |
| and to consent to the
legal adoption of such child by such | 9 |
| person or persons; and to take any
and all measures which, in | 10 |
| the judgment of the Agency, may be for the
best interests of | 11 |
| such child, including authorizing medical, surgical
and dental | 12 |
| care and treatment, including inoculation and anaesthesia for
| 13 |
| such child.
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| That I wish to and understand that by signing this | 15 |
| surrender I do
irrevocably and permanently give up all custody | 16 |
| and other parental
rights I have to such child.
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| That I understand I cannot under any circumstances, after | 18 |
| signing
this surrender, change my mind and revoke or cancel | 19 |
| this surrender or
obtain or recover custody or any other rights | 20 |
| over such child, except
that I have the right to revoke this | 21 |
| surrender by giving written notice
of my revocation not later | 22 |
| than 72 hours after the birth of such child.
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| That I have read and understand the above and I am signing | 24 |
| it as my
free and voluntary act.
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| Dated (insert date).
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| ........................
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HB2405 Enrolled |
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| E. The form of consent required from the parents for the | 2 |
| adoption of
an adult, when such adult elects to obtain such | 3 |
| consent, shall be
substantially as follows:
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| CONSENT
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| I, ...., (father) (mother) of ...., an adult, state:
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| That I reside at ...., County of .... and State of .....
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| That I do hereby consent and agree to the adoption of such | 8 |
| adult by
.... and .....
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| Dated (insert date).
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| .........................
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| F. The form of consent required for the adoption of a child | 12 |
| of the
age of 14 years or upwards, or of an adult, to be given | 13 |
| by such person,
shall be substantially as follows:
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| CONSENT
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| I, ...., state:
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| That I reside at ...., County of .... and State of ..... | 17 |
| That I am
of the age of .... years. That I consent and agree to | 18 |
| my adoption by
.... and .....
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| Dated (insert date).
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| ........................
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| G. The form of consent given by an agency to the adoption | 22 |
| by
specified persons of a child previously surrendered to it | 23 |
| shall set
forth that the agency has the authority to execute | 24 |
| such consent. The
form of consent given by a guardian of the | 25 |
| person of a child sought to
be adopted, appointed by a court of | 26 |
| competent jurisdiction, shall set
forth the facts of such |
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HB2405 Enrolled |
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LRB096 04182 AJO 14224 b |
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| appointment and the authority of the guardian to
execute such | 2 |
| consent.
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| H. A consent (other than that given by an agency, or | 4 |
| guardian of the
person of the child sought to be adopted who | 5 |
| was appointed by a court of
competent jurisdiction) shall be | 6 |
| acknowledged by a parent before a the
presiding judge of a the | 7 |
| court of competent jurisdiction in which the petition for | 8 |
| adoption has
been, or is to be filed or before any other judge | 9 |
| or hearing officer
designated or
subsequently approved by the | 10 |
| court, or the circuit clerk if so authorized
by the presiding | 11 |
| judge or, except as otherwise provided in
this Act, before a | 12 |
| representative of an the Department of Children and
Family | 13 |
| Services or a licensed child welfare agency, or before a | 14 |
| person, other than the attorney for the prospective adoptive | 15 |
| parent or parents, designated by social
service personnel under | 16 |
| the jurisdiction of a court of competent
jurisdiction , or | 17 |
| before social service personnel of the Cook County
Department | 18 |
| of Supportive Services designated by the presiding judge .
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| I. A surrender, or any other document equivalent to a | 20 |
| surrender, by
which a child is surrendered to an agency shall | 21 |
| be acknowledged by the
person signing such surrender, or other | 22 |
| document, before a judge of a court of competent jurisdiction | 23 |
| or hearing
officer or the
clerk of any court of record, either | 24 |
| in this State or any other state of
the United States , or , | 25 |
| except as otherwise provided in this Act, before a | 26 |
| representative of an agency , or before a any
other person |
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| designated or approved by a the presiding judge of the court
of | 2 |
| competent jurisdiction in which the petition for adoption has | 3 |
| been, or is to be, filed .
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| J. The form of the certificate of acknowledgment for a | 5 |
| consent, a
surrender, or any other document equivalent to a | 6 |
| surrender, shall be
substantially as follows:
| 7 |
| STATE OF ....)
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| ) SS.
| 9 |
| COUNTY OF ...)
| 10 |
| I, .... (Name of judge or other person), .... (official | 11 |
| title, name and
location of court or status or position of | 12 |
| other person),
certify that ...., personally known to me to be | 13 |
| the same person whose
name is subscribed to the foregoing | 14 |
| (consent) (surrender), appeared
before me this day in person | 15 |
| and acknowledged that (she) (he) signed and
delivered such | 16 |
| (consent) (surrender) as (her) (his) free and voluntary
act, | 17 |
| for the specified purpose.
| 18 |
| I have fully explained that by signing such (consent) | 19 |
| (surrender)
(she) (he) is irrevocably relinquishing all | 20 |
| parental rights to such
child or adult and (she) (he) has | 21 |
| stated that such is (her) (his)
intention and desire.
| 22 |
| Dated (insert date).
| 23 |
| Signature ...............
| 24 |
| K. When the execution of a consent or a surrender is | 25 |
| acknowledged
before someone other than a judge or the clerk of | 26 |
| a court of record ,
such other person shall have his or her |
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LRB096 04182 AJO 14224 b |
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| signature on the certificate
acknowledged before a notary | 2 |
| public, in form substantially as follows:
| 3 |
| STATE OF ....)
| 4 |
| ) SS.
| 5 |
| COUNTY OF ...)
| 6 |
| I, a Notary Public, in and for the County of ......, in the | 7 |
| State of
......, certify that ...., personally known to me to | 8 |
| be the
same person whose name is subscribed to the foregoing | 9 |
| certificate of
acknowledgment, appeared before me in person and | 10 |
| acknowledged that (she)
(he) signed such certificate as (her) | 11 |
| (his) free and voluntary act and
that the statements made in | 12 |
| the certificate are true.
| 13 |
| Dated (insert date).
| 14 |
| Signature ...................... Notary Public
| 15 |
| (official seal)
| 16 |
| There shall be attached a certificate of magistracy, or | 17 |
| other
comparable proof of office of the notary public | 18 |
| satisfactory to the
court, to a consent signed and acknowledged | 19 |
| in another state.
| 20 |
| L. A surrender or consent executed and acknowledged outside | 21 |
| of this
State, either in accordance with the law of this State | 22 |
| or in accordance
with the law of the place where executed, is | 23 |
| valid.
| 24 |
| M. Where a consent or a surrender is signed in a foreign | 25 |
| country,
the execution of such consent shall be acknowledged or |
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| affirmed in a
manner conformable to the law and procedure of | 2 |
| such country.
| 3 |
| N. If the person signing a consent or surrender is in the | 4 |
| military
service of the United States, the execution of such | 5 |
| consent or surrender
may be acknowledged before a commissioned | 6 |
| officer and the signature of
such officer on such certificate | 7 |
| shall be verified or acknowledged
before a notary public or by | 8 |
| such other procedure as is then in effect
for such division or | 9 |
| branch of the armed forces.
| 10 |
| O. (1) The parent or parents of a child in whose interests | 11 |
| a petition
under Section 2-13 of the Juvenile Court Act of 1987 | 12 |
| is pending may, with the
approval of the designated | 13 |
| representative of the Department of Children and
Family | 14 |
| Services, execute a consent to adoption by a specified person | 15 |
| or
persons:
| 16 |
| (a) in whose physical custody the child has resided for | 17 |
| at least 6
months;
or
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| (b) in whose physical custody at least one sibling of | 19 |
| the child who is the
subject of this consent has resided | 20 |
| for at least 6 months, and
the child who is
the subject of | 21 |
| this consent is currently residing in this foster home; or
| 22 |
| (c) in whose physical custody a child under one year of | 23 |
| age has resided
for at least 3 months.
| 24 |
| A consent under this subsection O shall be acknowledged by a | 25 |
| parent pursuant to
subsection H and subsection K of this | 26 |
| Section.
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HB2405 Enrolled |
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LRB096 04182 AJO 14224 b |
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| (2) The consent to adoption by a specified person or | 2 |
| persons shall have the
caption of the proceeding in which it is | 3 |
| to be filed and shall be substantially
as follows:
| 4 |
| FINAL AND IRREVOCABLE CONSENT TO ADOPTION BY
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| A SPECIFIED PERSON OR PERSONS
| 6 |
| I, ......................................, the | 7 |
| .................. (mother or
father) of a ....male child, | 8 |
| state:
| 9 |
| 1. My child ............................ (name of | 10 |
| child) was born on
(insert date) at .................... | 11 |
| Hospital in
................ County, State of | 12 |
| ...............
| 13 |
| 2. I reside at ......................, County of | 14 |
| ............. and
State of ..............
| 15 |
| 3. I, ..........................., am .... years old.
| 16 |
| 4. I enter my appearance in this action to adopt my | 17 |
| child by the
person or persons specified herein by me and | 18 |
| waive service of
summons on me in this action only.
| 19 |
| 5. I consent to the adoption of my child by
| 20 |
| .............................
(specified person or | 21 |
| persons) only.
| 22 |
| 6. I wish to sign this consent and I understand that by | 23 |
| signing this
consent I irrevocably and permanently give up | 24 |
| all parental rights I have to my
child if my child is | 25 |
| adopted by ............................. (specified person
| 26 |
| or persons).
|
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|
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HB2405 Enrolled |
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LRB096 04182 AJO 14224 b |
|
| 1 |
| 7. I understand my child will be adopted by | 2 |
| .............................
(specified person or | 3 |
| persons) only and that I cannot under any circumstances,
| 4 |
| after signing this document, change my mind and revoke or | 5 |
| cancel this consent
or obtain or recover custody or any | 6 |
| other rights over my child if
............................ | 7 |
| (specified person or persons) adopt my child.
| 8 |
| 8. I understand that this consent to adoption is valid | 9 |
| only if the
petition to adopt is filed within one year from | 10 |
| the date that I sign it and
that if ....................... | 11 |
| (specified person or persons), for any reason,
cannot or | 12 |
| will not file a petition to adopt my child within that one | 13 |
| year
period or if their adoption petition is denied, then | 14 |
| this consent will be
voidable after one year upon the | 15 |
| timely filing of my motion. If I file this
motion before | 16 |
| the filing of the petition for adoption, I understand that | 17 |
| the
court shall revoke this specific consent.
I have the | 18 |
| right to notice of any other proceeding that could affect | 19 |
| my
parental rights, except for the proceeding for | 20 |
| ............. (specified person
or persons) to adopt my | 21 |
| child.
| 22 |
| 9. I have read and understand the above and I am | 23 |
| signing it as my free
and voluntary act.
| 24 |
| Dated (insert date).
| 25 |
| .............................................
| 26 |
| Signature of parent
|
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HB2405 Enrolled |
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LRB096 04182 AJO 14224 b |
|
| 1 |
| (3) If the parent consents to an adoption by 2 specified | 2 |
| persons, then the
form shall contain 2 additional paragraphs in | 3 |
| substantially the following form:
| 4 |
| 10. If ............... (specified persons) get a | 5 |
| divorce
before the petition to adopt my child is granted, | 6 |
| then ..........
(specified person) shall adopt my child. I | 7 |
| understand that I
cannot change my mind and revoke this | 8 |
| consent or obtain or
recover custody over my child if | 9 |
| ............. (specified persons)
divorce and | 10 |
| ............. (specified person) adopts my
child. I | 11 |
| understand that I cannot change my mind and revoke
this | 12 |
| consent or obtain or recover custody over my child if
| 13 |
| ................. (specified persons) divorce after the
| 14 |
| adoption is final. I understand that this consent to | 15 |
| adoption
has no effect on who will get custody of my child | 16 |
| if they
divorce after the adoption is final.
| 17 |
| 11. I understand that if either ...............
| 18 |
| (specified persons) dies before the petition to adopt
my | 19 |
| child is granted, then the surviving person can adopt my | 20 |
| child. I
understand that I cannot change my mind and revoke | 21 |
| this consent
or obtain or recover custody over my child if | 22 |
| the surviving
person adopts my child.
| 23 |
| A consent to adoption by specified persons on this form | 24 |
| shall
have no effect on a court's determination of custody or | 25 |
| visitation
under the Illinois Marriage and Dissolution of | 26 |
| Marriage Act if the
marriage of the
specified persons is |
|
|
|
HB2405 Enrolled |
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LRB096 04182 AJO 14224 b |
|
| 1 |
| dissolved after the adoption is final.
| 2 |
| (4) The form of the certificate of acknowledgement for a | 3 |
| Final and
Irrevocable Consent for Adoption by a Specified | 4 |
| Person or Persons shall be
substantially as follows:
| 5 |
| STATE OF..............)
| 6 |
| ) SS.
| 7 |
| COUNTY OF.............)
| 8 |
| I, .................... (Name of Judge or other person),
| 9 |
| ..................... (official title, name, and address),
| 10 |
| certify that ............., personally known to me to be the | 11 |
| same person whose
name is subscribed to the foregoing Final and | 12 |
| Irrevocable Consent for Adoption
by a Specified Person or | 13 |
| Persons, appeared before me this day
in person and acknowledged | 14 |
| that (she)(he) signed and delivered the consent as
(her)(his) | 15 |
| free and voluntary act, for the specified purpose.
| 16 |
| I have fully explained that this consent to adoption is | 17 |
| valid only if the
petition to adopt is filed within one year | 18 |
| from the date that it is signed, and
that if the specified | 19 |
| person or persons, for any reason, cannot or will not
adopt the | 20 |
| child or if the adoption petition is denied, then this consent | 21 |
| will
be voidable after one year upon the timely filing of a | 22 |
| motion by the parent
to revoke the consent. I explained that if | 23 |
| this motion is filed before the
filing of the petition for | 24 |
| adoption, the court shall revoke this specific
consent. I have |
|
|
|
HB2405 Enrolled |
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LRB096 04182 AJO 14224 b |
|
| 1 |
| fully explained that if the specified person or
persons adopt
| 2 |
| the child, by signing this consent this parent is irrevocably
| 3 |
| and permanently
relinquishing all parental rights to the child, | 4 |
| and this parent has stated that
such is (her)(his) intention | 5 |
| and desire.
| 6 |
| Dated (insert date).
| 7 |
| ...............................
| 8 |
| Signature
| 9 |
| (5) If a consent to adoption by a specified person or | 10 |
| persons is executed in
this form, the following provisions | 11 |
| shall apply. The consent shall be valid
only if that specified | 12 |
| person or persons adopt the child. The consent shall be
| 13 |
| voidable after one year if:
| 14 |
| (a) the specified person or persons do not file a | 15 |
| petition to adopt the
child within one year after the | 16 |
| consent is signed and the parent files a
timely motion to | 17 |
| revoke this consent. If this motion is filed before the
| 18 |
| filing of the petition for adoption the court shall revoke | 19 |
| this consent; or
| 20 |
| (b) a court denies the adoption petition; or
| 21 |
| (c) the Department of Children and Family Services | 22 |
| Guardianship
Administrator determines that the specified | 23 |
| person or persons will not or
cannot complete the adoption, | 24 |
| or in the best interests of the child should not
adopt the | 25 |
| child.
| 26 |
| Within 30 days of the consent becoming void, the Department |
|
|
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HB2405 Enrolled |
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LRB096 04182 AJO 14224 b |
|
| 1 |
| of Children and
Family Services Guardianship Administrator | 2 |
| shall make good faith attempts to
notify the parent in writing | 3 |
| and shall give written notice to the court and all
additional | 4 |
| parties in writing that the adoption has not occurred or will | 5 |
| not
occur and that the consent is void. If the adoption by a | 6 |
| specified person or
persons does not occur, no proceeding for | 7 |
| termination of parental rights shall
be brought unless the | 8 |
| biological parent who executed the consent to adoption by
a | 9 |
| specified person or persons has been notified of the proceeding | 10 |
| pursuant to
Section 7 of this Act or subsection (4) of Section | 11 |
| 2-13 of the Juvenile Court
Act of 1987. The parent shall not | 12 |
| need to take further action to revoke the
consent if the | 13 |
| specified adoption does not occur, notwithstanding the
| 14 |
| provisions of Section 11 of this Act.
| 15 |
| (6) The Department of Children and Family Services is | 16 |
| authorized
to promulgate rules necessary to implement this | 17 |
| subsection O.
| 18 |
| (7) The Department shall collect and maintain data | 19 |
| concerning the efficacy
of specific consents. This data shall | 20 |
| include the number of specific consents
executed and their | 21 |
| outcomes, including but not limited to the number of
children | 22 |
| adopted pursuant to the consents, the number of children for | 23 |
| whom
adoptions are not completed, and the reason or reasons why | 24 |
| the adoptions are
not completed.
| 25 |
| P. If the person signing a consent is incarcerated or | 26 |
| detained in a correctional facility, prison, jail, detention |
|
|
|
HB2405 Enrolled |
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LRB096 04182 AJO 14224 b |
|
| 1 |
| center, or other comparable institution, either in this State | 2 |
| or any other jurisdiction, the execution of such consent may be | 3 |
| acknowledged before social service personnel of such | 4 |
| institution, or before a person designated by a court of | 5 |
| competent jurisdiction. | 6 |
| Q. A consent may be acknowledged telephonically, via | 7 |
| audiovisual connection, or other electronic means, provided | 8 |
| that a court of competent jurisdiction has entered an order | 9 |
| approving the execution of the consent in such manner and has | 10 |
| designated an individual to be physically present with the | 11 |
| parent executing such consent in order to verify the identity | 12 |
| of the parent. | 13 |
| R. An agency whose representative is acknowledging a | 14 |
| consent pursuant to this Section shall be a public child | 15 |
| welfare agency, or a child welfare agency, or a child placing | 16 |
| agency that is authorized or licensed in the State or | 17 |
| jurisdiction in which the consent is signed. | 18 |
| (Source: P.A. 92-320, eff. 1-1-02; 93-732, eff. 1-1-05.)
| 19 |
| (750 ILCS 50/14.5 new) | 20 |
| Sec. 14.5. Petition to adopt by former parent. | 21 |
| (a) For purposes of this Section, the term "former parent" | 22 |
| means a person whose rights were terminated as described in | 23 |
| paragraph (1) or (2). A petition to adopt by a former parent | 24 |
| may be filed regarding any minor who was a ward of the court | 25 |
| under Article II of the Juvenile Court Act of 1987 when: |
|
|
|
HB2405 Enrolled |
- 23 - |
LRB096 04182 AJO 14224 b |
|
| 1 |
| (1) while the minor was under the jurisdiction of the | 2 |
| court under Article II of the Juvenile Court Act of 1987, | 3 |
| the minor's former parent or former parents surrendered the | 4 |
| minor for adoption to an agency legally authorized to place | 5 |
| children for adoption, or the minor's former parent or | 6 |
| former parents consented to the minor's adoption, or the | 7 |
| former parent's or former parents' rights were terminated | 8 |
| pursuant to a finding of unfitness pursuant to Section 2-29 | 9 |
| of the Juvenile Court Act of 1987 and a guardian was | 10 |
| appointed with the power to consent to adoption pursuant to | 11 |
| Section 2-29 of the Juvenile Court Act of 1987; or | 12 |
| (2) following the appointment of a guardian with the | 13 |
| right to consent to the adoption of the minor pursuant to | 14 |
| Section 2-29 of the Juvenile Court Act of 1987, the former | 15 |
| parent's or former parents' rights were terminated | 16 |
| pursuant to a finding of unfitness pursuant to paragraph | 17 |
| (d) of subsection B of Section 13; and | 18 |
| (3) (i) since the signing of the surrender or consent, | 19 |
| or the unfitness finding, the minor remained a ward of the | 20 |
| court and was subsequently adopted by an individual or | 21 |
| individuals who, at the time of the adoption, were | 22 |
| biologically related to the minor as defined in subsection | 23 |
| B of Section 1 and
(ii) either the adoptive parent has died | 24 |
| (or both adoptive parents have died in the case of 2 | 25 |
| adoptive parents) and no standby guardian or standby | 26 |
| adoptive parent has been appointed for the minor, and no |
|
|
|
HB2405 Enrolled |
- 24 - |
LRB096 04182 AJO 14224 b |
|
| 1 |
| guardian has been appointed by the adoptive parent for the | 2 |
| minor through a will; or due to a mental or physical | 3 |
| impairment
the adoptive parent is no longer able to provide | 4 |
| care for the minor and the adoptive parent has consented in | 5 |
| open court, or by such means as is approved by the court, | 6 |
| to the adoption of the minor by the petitioner; and | 7 |
| (4) the former parent named in the petition wishes to | 8 |
| adopt the minor and meets the criteria established in this | 9 |
| Section to adopt; and | 10 |
| (5) it is in the best interests of the minor to have | 11 |
| the petitioner adopt and have parental rights reinstated. | 12 |
| (b) The petition may be filed by any party or by the former | 13 |
| parent now seeking to adopt the minor. | 14 |
| (c) Where a former parent seeks to have a court order for | 15 |
| adoption, the following procedures shall apply: | 16 |
| (1) In addition to the requirements set out in this Act | 17 |
| in Section 5, a petition by a former parent to adopt filed | 18 |
| by a former parent shall include the following allegations: | 19 |
| (A) that his or her parental rights were previously | 20 |
| terminated pursuant to Section 2-29 of the Juvenile | 21 |
| Court Act of 1987; | 22 |
| (B) the basis upon which his or her parental rights | 23 |
| were terminated; | 24 |
| (C) that the petitioner is able and willing to | 25 |
| resume care, custody, and control of the minor; | 26 |
| (D) that the adoptive parent of the minor is |
|
|
|
HB2405 Enrolled |
- 25 - |
LRB096 04182 AJO 14224 b |
|
| 1 |
| deceased and no standby guardian or standby adoptive | 2 |
| parent has been appointed for the minor, and no | 3 |
| guardian has been appointed by the adoptive parent for | 4 |
| the minor through a will; or the adoptive parent is no | 5 |
| longer able to provide care for the minor due to a | 6 |
| mental or physical impairment and has consented to the | 7 |
| petitioner's adoption of the minor in open court or by | 8 |
| such means as is approved by the court; and | 9 |
| (E) that it is in the best interests of the minor | 10 |
| to be adopted by the petitioner and for the | 11 |
| petitioner's parental rights to be reinstated. | 12 |
| (2) A former parent shall not have standing to file a | 13 |
| petition for adoption, where the minor is the subject of a | 14 |
| pending petition filed under Article II of the Juvenile | 15 |
| Court Act of 1987. If the minor named in the petition for | 16 |
| adoption is not the subject of a pending petition filed | 17 |
| under Article II of the Juvenile Court Act of 1987, a | 18 |
| former parent shall have standing to file a petition for | 19 |
| adoption only if: the adoptive parent is deceased and no | 20 |
| standby guardian or standby adoptive parent has been | 21 |
| appointed for the minor, and no guardian has been appointed | 22 |
| by the adoptive parent for the minor through a will; or the | 23 |
| adoptive parent is no longer able to provide care for the | 24 |
| minor due to a mental or physical impairment and has | 25 |
| consented to such adoption in open court or by such means | 26 |
| as is approved by the court. |
|
|
|
HB2405 Enrolled |
- 26 - |
LRB096 04182 AJO 14224 b |
|
| 1 |
| (d) Interim order. Following presentment of a petition for | 2 |
| adoption by a former parent concerning a child who was | 3 |
| previously named in a petition filed under Article II of the | 4 |
| Juvenile Court Act of 1987 the following procedures and | 5 |
| safeguards shall be employed, in addition to the applicable | 6 |
| requirements set out in this Act, and shall be included in the | 7 |
| written interim order for the adoption by a former parent: | 8 |
| (1) In determining the minor's best interests pursuant | 9 |
| to Section 2-29 of the Juvenile Court Act of 1987 and this | 10 |
| Act, the Court shall consider, in addition to the factors | 11 |
| set forth in subsection 4.05 of Section 1-3 of the Juvenile | 12 |
| Court Act of 1987, the reasons why the case was initially | 13 |
| brought to the attention of the juvenile court and adoption | 14 |
| proceedings were instituted, the history of the case as it | 15 |
| relates to the former parent seeking adoption, and the | 16 |
| current circumstances of the former parent for whom | 17 |
| adoption is sought. | 18 |
| (2) In any case involving a child who meets these | 19 |
| criteria for adoption by a former parent, the Department of | 20 |
| Children and Family Services shall be appointed as the | 21 |
| investigator as outlined in Section 6 to conduct an | 22 |
| investigation and report to the court (i) the facts and | 23 |
| circumstances which raised concerns as to the petitioner's | 24 |
| ability and willingness to provide adequate care and | 25 |
| protection to children in his or her custody, (ii) an | 26 |
| assessment of the petitioner's current ability and |
|
|
|
HB2405 Enrolled |
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LRB096 04182 AJO 14224 b |
|
| 1 |
| willingness to provide adequate care and protection for the | 2 |
| child named in the petition, and (iii) any information | 3 |
| which might reasonably raise a concern as to the child's | 4 |
| safety, well being, or best interests should the court | 5 |
| grant the petition to adopt by the former parent. | 6 |
| (3) In selecting the minor's guardian ad litem, | 7 |
| pursuant to subsection B of Section 13, whenever practical, | 8 |
| the court shall give preference to the guardian ad litem | 9 |
| who represented the minor in the juvenile court proceeding. | 10 |
| The guardian ad litem shall have the right to review and | 11 |
| copy all records, including juvenile court records | 12 |
| relating to the petitioner, the minor, and the minor's | 13 |
| siblings and half siblings. | 14 |
| (4) The report of the investigator and the guardian ad | 15 |
| litem shall be presented in writing to the court and shall | 16 |
| serve as a basis for the order of court upon the petition | 17 |
| for adoption by a former parent. | 18 |
| (e) Order of adoption. | 19 |
| (1) If it is proved to the satisfaction of the court | 20 |
| that the adoption will be in the best interests of the | 21 |
| minor, after such investigation as the court deems | 22 |
| necessary, an order of adoption shall be entered. | 23 |
| (2) An order of adoption shall be final as to all | 24 |
| findings and shall be entered in writing. | 25 |
| (3) Upon the entry of an order granting a petition to | 26 |
| adopt by a former parent, all parental rights of the former |
|
|
|
HB2405 Enrolled |
- 28 - |
LRB096 04182 AJO 14224 b |
|
| 1 |
| parent named in the order shall be reinstated and the | 2 |
| physical care, custody and control of the minor shall be | 3 |
| reinstated to the former parent. | 4 |
| (4) The order of adoption shall include an order to the | 5 |
| Illinois Department of Public Health to issue a new birth | 6 |
| certificate for the person who is the subject of the | 7 |
| petition for adoption by a former parent.
| 8 |
| Section 99. Effective date. This Act takes effect upon | 9 |
| becoming law.
|
|