Full Text of HB4641 99th General Assembly
HB4641enr 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Child Care Act of 1969 is amended by | 5 | | changing Sections 2.08, 2.17, 2.23, 2.25, 7.4, and 7.6 and by | 6 | | adding Sections 3.2 and 3.3 as follows:
| 7 | | (225 ILCS 10/2.08) (from Ch. 23, par. 2212.08)
| 8 | | Sec. 2.08.
"Child welfare agency" means a public or private | 9 | | child care facility,
receiving any child or children for the | 10 | | purpose of placing or arranging for
the placement or free care | 11 | | of the child or children in foster family homes, unlicensed | 12 | | pre-adoptive and adoptive homes, adoption-only homes, or other
| 13 | | facilities for child care, apart from the custody of the | 14 | | child's or
children's parents. The term "child welfare agency" | 15 | | includes all agencies
established and maintained by a | 16 | | municipality or other political subdivision
of the State of | 17 | | Illinois to protect, guard, train or care for children
outside | 18 | | their own homes and all agencies, persons, groups of persons, | 19 | | associations, organizations, corporations, institutions, | 20 | | centers, or groups providing adoption services, but does not | 21 | | include any circuit court or duly
appointed juvenile probation | 22 | | officer or youth counselor of the court who
receives and places | 23 | | children under an order of the court.
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| 1 | | (Source: P.A. 94-586, eff. 8-15-05.)
| 2 | | (225 ILCS 10/2.17) (from Ch. 23, par. 2212.17)
| 3 | | Sec. 2.17.
"Foster family home" means a facility for child | 4 | | care in
residences of families who receive no more than 8 | 5 | | children unrelated to them,
unless all the children are of | 6 | | common parentage, or residences of relatives who
receive no | 7 | | more than 8 related children placed by the Department, unless | 8 | | the
children are of common parentage, for the purpose of | 9 | | providing family care and
training for the children on a | 10 | | full-time basis, except the Director of Children
and Family | 11 | | Services, pursuant to Department regulations, may waive the | 12 | | limit of
8 children unrelated to an adoptive family for good | 13 | | cause and only to
facilitate an adoptive placement. The | 14 | | family's or relative's own children,
under 18 years of age, | 15 | | shall be included in determining the
maximum number of children | 16 | | served. For purposes of this Section, a "relative"
includes any | 17 | | person, 21 years of age or over, other than the parent, who (i) | 18 | | is
currently related to the child in any of the following ways | 19 | | by blood or
adoption: grandparent, sibling, great-grandparent, | 20 | | uncle, aunt, nephew, niece,
first cousin, great-uncle, or | 21 | | great-aunt; or (ii) is the spouse of such a
relative; or (iii) | 22 | | is a child's step-father, step-mother, or adult step-brother
or | 23 | | step-sister; or (iv) is a fictive kin; "relative" also includes | 24 | | a person related in any of the
foregoing ways to a sibling of a | 25 | | child, even though the person is not related
to the child, when |
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| 1 | | the child and its sibling are placed together with that
person. | 2 | | For purposes of placement of children pursuant to Section 7 of | 3 | | the Children and Family Services Act and for purposes of | 4 | | licensing requirements set forth in Section 4 of this Act, for | 5 | | children under the custody or guardianship of the Department | 6 | | pursuant to the Juvenile Court Act of 1987, after a parent | 7 | | signs a consent, surrender, or waiver or after a parent's | 8 | | rights are otherwise terminated, and while the child remains in | 9 | | the custody or guardianship of the Department, the child is | 10 | | considered to be related to those to whom the child was related | 11 | | under this Section prior to the signing of the consent, | 12 | | surrender, or waiver or the order of termination of parental | 13 | | rights. The term "foster family home" includes homes receiving | 14 | | children from
any State-operated institution for child care; or | 15 | | from any agency established
by a municipality or other | 16 | | political subdivision of the State of Illinois
authorized to | 17 | | provide care for children outside their own homes. The term
| 18 | | "foster family home" does not include an "adoption-only home" | 19 | | as defined in
Section 2.23 of this Act. The types of
foster | 20 | | family homes are defined as follows:
| 21 | | (a) "Boarding home" means a foster family home which | 22 | | receives payment
for regular full-time care of a child or | 23 | | children.
| 24 | | (b) "Free home" means a foster family home other than | 25 | | an adoptive home
which does not receive payments for the | 26 | | care of a child or children.
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| 1 | | (c) "Adoptive home" means a foster family home which | 2 | | receives a child or
children for the purpose of adopting | 3 | | the child or children , but does not include an | 4 | | adoption-only home .
| 5 | | (d) "Work-wage home" means a foster family home which | 6 | | receives a child
or children who pay part or all of their | 7 | | board by rendering some services
to the family not | 8 | | prohibited by the Child Labor Law or by standards or
| 9 | | regulations of the Department prescribed under this Act. | 10 | | The child or
children may receive a wage in connection with | 11 | | the services rendered the
foster family.
| 12 | | (e) "Agency-supervised home" means a foster family | 13 | | home under the direct
and regular supervision of a licensed | 14 | | child welfare agency, of the
Department of Children and | 15 | | Family Services, of a circuit court, or of any
other State | 16 | | agency which has authority to place children in child care
| 17 | | facilities, and which receives no more than 8 children, | 18 | | unless of common
parentage, who are placed and are | 19 | | regularly supervised by one of the
specified agencies.
| 20 | | (f) "Independent home" means a foster family home, | 21 | | other than an
adoptive home, which receives no more than 4 | 22 | | children, unless of common
parentage, directly from | 23 | | parents, or other legally responsible persons, by
| 24 | | independent arrangement and which is not subject to direct | 25 | | and regular
supervision of a specified agency except as | 26 | | such supervision pertains to
licensing by the Department.
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| 1 | | (Source: P.A. 98-804, eff. 1-1-15; 98-846, eff. 1-1-15; 99-78, | 2 | | eff. 7-20-15.)
| 3 | | (225 ILCS 10/2.23)
| 4 | | Sec. 2.23.
"Adoption-only home" means a home that receives | 5 | | a child placed by an Illinois licensed child welfare agency | 6 | | providing adoption services for the sole purpose of adoption. | 7 | | The child shall not be under the custody or guardianship of the | 8 | | Department pursuant to the Juvenile Court Act of 1987. Such | 9 | | adoption-only home shall not be required to be licensed as a | 10 | | child care facility under this Act, but shall be required to | 11 | | meet the requirements set forth in Section 3.2 of this Act | 12 | | family home that
receives only children
whose parents' parental | 13 | | rights have been terminated or surrendered for the
purpose of | 14 | | adoption only .
| 15 | | (Source: P.A. 92-318, eff. 1-1-02.)
| 16 | | (225 ILCS 10/2.25)
| 17 | | Sec. 2.25. "Unlicensed pre-adoptive and adoptive home" | 18 | | means any home that is not licensed by the Department as a | 19 | | foster family home and that receives a child or children for | 20 | | the purpose of adopting the child or children , but does not | 21 | | include an adoption-only home .
| 22 | | (Source: P.A. 94-586, eff. 8-15-05.) | 23 | | (225 ILCS 10/3.2 new) |
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| 1 | | Sec. 3.2. Requirements for adoption-only homes. In | 2 | | addition to the other requirements contained in this Act, in | 3 | | order to approve an adoption-only home, a licensed child | 4 | | welfare agency shall: | 5 | | (1) conduct a home study, which shall consist of a | 6 | | thorough assessment of any prospective adoptive parent's | 7 | | physical, mental, financial, and emotional ability to | 8 | | successfully parent a child through adoption; | 9 | | (2) obtain a criminal background check of all adult | 10 | | residents in the home pursuant to Section 3.3 of this Act; | 11 | | (3) obtain child abuse background checks of all | 12 | | residents in the home who are 13 years of age or over; | 13 | | (4) assess the health of all prospective adoptive | 14 | | parents and family members living in the home, as well as | 15 | | any residents of the home; | 16 | | (5) assess the finances of the prospective adoptive | 17 | | parent or parents; | 18 | | (6) obtain character references for the prospective | 19 | | adoptive parent or parents; | 20 | | (7) assess the safety of the adoptive home; | 21 | | (8) provide adoption education and training to the | 22 | | prospective adoptive parent or parents; and | 23 | | (9) conduct a pre-placement home visit and | 24 | | post-placement supervision. | 25 | | The licensed child welfare agency may impose any other | 26 | | reasonable requirements that the agency deems appropriate in |
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| 1 | | approving an adoption-only home. The Department shall adopt | 2 | | procedures necessary for the implementation of this Section no | 3 | | later than 30 days after the effective date of this amendatory | 4 | | Act of the 99th General Assembly. | 5 | | (225 ILCS 10/3.3 new) | 6 | | Sec. 3.3. Requirements for criminal background checks for | 7 | | adoption-only homes. In approving an adoption-only home | 8 | | pursuant to Section 3.2 of this Act, if an adult resident has | 9 | | an arrest or conviction record, the licensed child welfare | 10 | | agency: | 11 | | (1) shall thoroughly investigate and evaluate the | 12 | | criminal history of the resident and, in so doing, include | 13 | | an assessment of the applicant's character and, in the case | 14 | | of the prospective adoptive parent, the impact that the | 15 | | criminal history has on his or her ability to parent the | 16 | | child; the investigation should consider the type of crime, | 17 | | the number of crimes, the nature of the offense, the age at | 18 | | time of crime, the length of time that has elapsed since | 19 | | the last conviction, the relationship of the crime to the | 20 | | ability to care for children, and any evidence of | 21 | | rehabilitation; | 22 | | (2) shall not approve the home if the record reveals a | 23 | | felony conviction for crimes against a child, including, | 24 | | but not limited to, child abuse or neglect, child | 25 | | pornography, rape, sexual assault, or homicide; |
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| 1 | | (3) shall not approve the home if the record reveals a | 2 | | felony conviction within the last 5 years, including, but | 3 | | not limited to, for physical assault, battery, | 4 | | drug-related offenses, or spousal abuse; and | 5 | | (4) shall not approve the home if the record reveals a | 6 | | felony conviction for homicide, rape, or sexual assault. | 7 | | (225 ILCS 10/7.4) | 8 | | Sec. 7.4. Disclosures.
| 9 | | (a) Every licensed child welfare agency providing adoption | 10 | | services and licensed by the Department shall provide to all | 11 | | prospective clients and to the public written disclosures with | 12 | | respect to its adoption services, policies, and practices, | 13 | | including general eligibility criteria, fees, and the mutual | 14 | | rights and responsibilities of clients, including biological | 15 | | parents and adoptive parents. The written disclosure shall be | 16 | | posted on any website maintained by the child welfare agency | 17 | | that relates to adoption services. The Department shall adopt | 18 | | rules relating to the contents of the written disclosures. | 19 | | Eligible agencies may be deemed compliant with this subsection | 20 | | (a). | 21 | | (b) Every licensed child welfare agency providing adoption | 22 | | services shall provide to all applicants, prior to application, | 23 | | a written schedule of estimated fees, expenses, and refund | 24 | | policies. Every child welfare agency providing adoption | 25 | | services shall have a written policy that shall be part of its |
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| 1 | | standard adoption contract and state that it will not charge | 2 | | additional fees and expenses beyond those disclosed in the | 3 | | adoption contract unless additional fees are reasonably | 4 | | required by the circumstances and are disclosed to the adoptive | 5 | | parents or parent before they are incurred. The Department | 6 | | shall adopt rules relating to the contents of the written | 7 | | schedule and policy. Eligible agencies may be deemed compliant | 8 | | with this subsection (b). | 9 | | (c) Every licensed child welfare agency providing adoption | 10 | | services must make full and fair disclosure to its clients, | 11 | | including biological parents and adoptive parents, of all | 12 | | circumstances material to the placement of a child for | 13 | | adoption. The Department shall adopt rules necessary for the | 14 | | implementation and regulation of the requirements of this | 15 | | subsection (c). | 16 | | (c-5) Whenever a licensed child welfare agency places a | 17 | | child in a licensed foster family home or an adoption-only | 18 | | home , the agency shall provide the following to the caretaker | 19 | | or prospective adoptive parent : | 20 | | (1) Available detailed information concerning the | 21 | | child's educational
and health history, copies of | 22 | | immunization records (including insurance
and medical card | 23 | | information), a history of the child's previous | 24 | | placements,
if any, and reasons for placement changes, | 25 | | excluding any information that
identifies or reveals the | 26 | | location of any previous caretaker. |
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| 1 | | (2) A copy of the child's portion of the client service | 2 | | plan, including
any visitation arrangement, and all | 3 | | amendments or revisions to it as
related to the child. | 4 | | (3) Information containing details of the child's | 5 | | individualized
educational plan when the child is | 6 | | receiving special education services. | 7 | | (4) Any known social or behavioral
information | 8 | | (including, but not limited to, criminal background, fire
| 9 | | setting, perpetration of
sexual abuse, destructive | 10 | | behavior, and substance abuse) necessary to care
for and | 11 | | safeguard the child.
| 12 | | The agency may prepare a written summary of the information | 13 | | required by this subsection, which may be provided to the | 14 | | foster or prospective adoptive parent in advance of a | 15 | | placement. The foster or prospective adoptive parent may review | 16 | | the supporting documents in the child's file in the presence of | 17 | | casework staff. In the case of an emergency placement, casework | 18 | | staff shall at least provide information verbally, if | 19 | | necessary, and must subsequently provide the information in | 20 | | writing as required by this subsection. In the case of | 21 | | emergency placements when time does not allow prior review, | 22 | | preparation, and collection of written information, the agency | 23 | | shall provide such information as it becomes available.
| 24 | | The Department shall adopt rules necessary for the | 25 | | implementation and regulation of the requirements of this | 26 | | subsection (c-5).
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| 1 | | (d) Every licensed child welfare agency providing adoption | 2 | | services shall meet minimum standards set forth by the | 3 | | Department concerning the taking or acknowledging of a consent | 4 | | prior to taking or acknowledging a consent from a prospective | 5 | | biological parent. The Department shall adopt rules concerning | 6 | | the minimum standards required by agencies under this Section.
| 7 | | (Source: P.A. 94-586, eff. 8-15-05; 94-1010, eff. 10-1-06.) | 8 | | (225 ILCS 10/7.6) | 9 | | Sec. 7.6. Annual report. Every licensed child welfare | 10 | | agency providing adoption services shall file an annual report | 11 | | with the Department and with the Attorney General on forms and | 12 | | on a date prescribed by the Department. The annual reports for | 13 | | the preceding 2 years must be made available, upon request, to | 14 | | the public by the Department and every licensed agency and must | 15 | | be included on the website of the Department. Each licensed | 16 | | agency that maintains a website shall provide the reports on | 17 | | its website. The annual report shall include all of the | 18 | | following matters and all other matters required by the | 19 | | Department: | 20 | | (1) a balance sheet and a statement of income and | 21 | | expenses for the year, certified by an independent public | 22 | | accountant; for purposes of this item (1), the audit report | 23 | | filed by an agency with the Department may be included in | 24 | | the annual report and, if so, shall be sufficient to comply | 25 | | with the requirement of this item (1); |
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| 1 | | (2) non-identifying information concerning the | 2 | | placements made by the agency during the year, consisting | 3 | | of the number of adoptive families in the process of | 4 | | obtaining approval for an adoption-only home a foster | 5 | | family license , the number of adoptive families that are | 6 | | approved licensed and awaiting placement, the number of | 7 | | biological parents that the agency is actively working | 8 | | with, the number of placements, and the number of adoptions | 9 | | initiated during the year and the status of each matter at | 10 | | the end of the year; | 11 | | (3) any instance during the year in which the agency | 12 | | lost the right to provide adoption services in any State or | 13 | | country, had its license suspended for cause, or was the | 14 | | subject of other sanctions by any court, governmental | 15 | | agency, or governmental regulatory body relating to the | 16 | | provision of adoption services; | 17 | | (4) any actions related to licensure that were | 18 | | initiated against the agency during the year by a licensing | 19 | | or accrediting body; | 20 | | (5) any pending investigations by federal or State | 21 | | authorities; | 22 | | (6) any criminal charges, child abuse charges, | 23 | | malpractice complaints, or lawsuits against the agency or | 24 | | any of its employees, officers, or directors related to the | 25 | | provision of adoption services and the basis or disposition | 26 | | of the actions; |
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| 1 | | (7) any instance in the year where the agency was found | 2 | | guilty of, or pled guilty to, any criminal or civil or | 3 | | administrative violation under federal, State, or foreign | 4 | | law that relates to the provision of adoption services; | 5 | | (8) any instance in the year where any employee, | 6 | | officer, or director of the agency was found guilty of any | 7 | | crime or was determined to have violated a civil law or | 8 | | administrative rule under federal, State, or foreign law | 9 | | relating to the provision of adoption services; and | 10 | | (9) any civil or administrative proceeding instituted | 11 | | by the agency during the year and relating to adoption | 12 | | services, excluding uncontested adoption proceedings and | 13 | | proceedings filed pursuant to Section 12a of the Adoption | 14 | | Act. | 15 | | Failure to disclose information required under this | 16 | | Section may result in the suspension of the agency's license | 17 | | for a period of 90 days. Subsequent violations may result in | 18 | | revocation of the license.
| 19 | | Information disclosed in accordance with this Section | 20 | | shall be subject to the applicable confidentiality | 21 | | requirements of this Act and the Adoption Act.
| 22 | | (Source: P.A. 94-586, eff. 8-15-05.) | 23 | | Section 10. The Adoption Act is amended by changing Section | 24 | | 10 and by adding Sections 12.2 and 12.3 as follows:
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| 1 | | (750 ILCS 50/10) (from Ch. 40, par. 1512)
| 2 | | Sec. 10. Forms of consent and surrender; execution and
| 3 | | acknowledgment thereof. | 4 | | A. The form of consent required for the
adoption of a born | 5 | | child shall be substantially as follows:
| 6 | | FINAL AND IRREVOCABLE CONSENT TO ADOPTION
| 7 | | I, ...., (relationship, e.g., mother, father, relative, | 8 | | guardian)
of ...., a ..male child, state:
| 9 | | That such child was born on .... at ....
| 10 | | That I reside at ...., County of .... and State of ....
| 11 | | That I am of the age of .... years.
| 12 | | That I hereby enter my appearance in this proceeding and | 13 | | waive
service of summons on me.
| 14 | | That I hereby acknowledge that I have been provided with a | 15 | | copy of the Birth Parent Rights and Responsibilities-Private | 16 | | Form before signing this Consent and that I have had time to | 17 | | read, or have had read to me, this Form. I understand that if I | 18 | | do not receive any of the rights as described in this Form, it | 19 | | shall not constitute a basis to revoke this Final and | 20 | | Irrevocable Consent. | 21 | | That I do hereby consent and agree to the adoption of such | 22 | | child.
| 23 | | That I wish to and understand that by signing this consent | 24 | | I do
irrevocably and permanently give up all custody and other | 25 | | parental
rights I have to such child.
| 26 | | That I understand such child will be placed for adoption |
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| 1 | | 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.
| 6 | | Dated (insert date).
| 7 | | .........................
| 8 | | If under Section 8 the consent of more than one person is | 9 | | required,
then each such person shall execute a separate | 10 | | consent.
| 11 | | A-1. (1) The form of the Final and Irrevocable Consent to | 12 | | Adoption by a Specified Person or Persons: Non-DCFS Case set | 13 | | forth in this subsection A-1 is to be used by legal parents | 14 | | only. This form is not to be used in cases in which there is a | 15 | | pending petition under Section 2-13 of the Juvenile Court Act | 16 | | of 1987. | 17 | | (2) The form of the Final and Irrevocable Consent to | 18 | | Adoption by a Specified Person or Persons in a non-DCFS case | 19 | | shall have the caption of the proceeding in which it is to be | 20 | | filed and shall be substantially as follows: | 21 | | FINAL AND IRREVOCABLE CONSENT TO ADOPTION BY | 22 | | A SPECIFIED PERSON OR PERSONS; NON-DCFS CASE | 23 | | I, ...., (relationship, e.g., mother, father) of ...., a | 24 | | ..male child, state: | 25 | | 1. That such child was born on ...., at ....., City of ... |
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| 1 | | and State of .... | 2 | | 2. That I reside at ...., County of .... and State of .... | 3 | | 3. That I am of the age of .... years. | 4 | | 4. That I hereby enter my appearance in this proceeding and | 5 | | waive service of summons on me. | 6 | | 5. That I hereby acknowledge that I have been provided a | 7 | | copy of the Birth Parent Rights and Responsibilities-Private | 8 | | Form before signing this Consent and that I have had time to | 9 | | read, or have had read to me, this Form and that I understand | 10 | | the Rights and Responsibilities described in this Form. I | 11 | | understand that if I do not receive any of my rights as | 12 | | described in said Form, it shall not constitute a basis to | 13 | | revoke this Final and Irrevocable Consent to Adoption by a | 14 | | Specified Person. | 15 | | 6. That I do hereby consent and agree to the adoption of | 16 | | such child by .... (specified persons) only. | 17 | | 7. That I wish to and understand that upon signing this | 18 | | consent I do irrevocably and permanently give up all custody | 19 | | and other parental rights I have to such child if such child is | 20 | | adopted by .... (specified person or persons). I hereby | 21 | | transfer all of my rights to the custody, care and control of | 22 | | such child to ............................. (specified person | 23 | | or persons). | 24 | | 8. That I understand such child will be adopted by | 25 | | ....................... (specified person or persons) and that | 26 | | I cannot under any circumstances, after signing this document, |
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| 1 | | change my mind and revoke or cancel this consent or obtain or | 2 | | recover custody or any other rights over such child if | 3 | | ............................ (specified person or persons) | 4 | | adopt(s) such child; PROVIDED that each specified person has | 5 | | filed or shall file, within 60 days from the date hereof, a | 6 | | petition for the adoption of such child. | 7 | | 9. That if the specified person or persons designated | 8 | | herein do not file a petition for adoption within the | 9 | | time-frame specified above, or, if said petition for adoption | 10 | | is filed within the time-frame specified above but the adoption | 11 | | petition is dismissed with prejudice or the adoption proceeding | 12 | | is otherwise concluded without an order declaring the child to | 13 | | be the adopted child of the specified person or persons, then I | 14 | | understand that I will receive written notice of such | 15 | | circumstances within 10 business days of their occurrence. I | 16 | | understand that the notice will be directed to me using the | 17 | | contact information I have provided in this consent. I | 18 | | understand that I will have 10 business days from the date that | 19 | | the written notice is sent to me to respond, within which time | 20 | | I may request the Court to declare this consent voidable and | 21 | | return the child to me. I further understand that the Court | 22 | | will make the final decision of whether or not the child will | 23 | | be returned to me. If I do not make such request within 10 | 24 | | business days of the date of the notice, then I expressly waive | 25 | | any other notice or service of process in any legal proceeding | 26 | | for the adoption of the child. |
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| 1 | | 10. That I expressly acknowledge that nothing in this | 2 | | Consent
impairs the validity and absolute finality of this
| 3 | | Consent under any circumstance other than those described in
| 4 | | paragraph 9 of this Consent. | 5 | | 11. That I understand that I have a remaining duty and
| 6 | | obligation to keep .............. (insert name and address of | 7 | | the attorney
for the specified person or persons) informed of | 8 | | my current
address or other preferred contact information until | 9 | | this adoption has been finalized. My failure to
do so may | 10 | | result in the termination of my parental rights and
the child | 11 | | being placed for adoption in another home. | 12 | | 12. That I do expressly waive any other notice or service | 13 | | of process in any of the legal proceedings for the adoption of | 14 | | the child as long as the adoption proceeding by the specified | 15 | | person or persons is pending. | 16 | | 13. That I have read and understand the above and I am | 17 | | signing it as my free and voluntary act. | 18 | | 14. That I acknowledge that this consent is valid even if | 19 | | the specified person or persons separate or divorce or one of | 20 | | the specified persons dies prior to the entry of the final | 21 | | judgment for adoption. | 22 | | Dated (insert date). | 23 | | ............................................. | 24 | | Signature of parent. | 25 | | ............................................. | 26 | | Address of parent. |
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| 1 | | ............................................. | 2 | | Phone number(s) of parent. | 3 | | ............................................. | 4 | | Personal email(s) of parent. | 5 | | ............................................. | 6 | | (3) The form of the certificate of acknowledgement for a | 7 | | Final and Irrevocable Consent for Adoption by a Specified | 8 | | Person or Persons: Non-DCFS Case shall be substantially as | 9 | | follows: | 10 | | STATE OF ..............)
| 11 | | ) SS.
| 12 | | COUNTY OF .............) | 13 | | I, .................... (Name of Judge or other person), | 14 | | ..................... (official title, name, and address), | 15 | | certify that ............., personally known to me to be the | 16 | | same person whose name is subscribed to the foregoing Final and | 17 | | Irrevocable Consent for Adoption by a Specified Person or | 18 | | Persons; non-DCFS case, appeared before me this day in person | 19 | | and acknowledged that (she)(he) signed and delivered the | 20 | | consent as (her)(his) free and voluntary act, for the specified | 21 | | purpose. I am further satisfied that, before signing this | 22 | | Consent, ........ has read, or has had read to him or her, the | 23 | | Birth Parent Rights and Responsibilities-Private Form. | 24 | | A-2. Birth Parent Rights and Responsibilities-Private | 25 | | Form. The Birth Parent Rights and Responsibilities-Private |
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| 1 | | Form must be read by, or have been read to, any person | 2 | | executing a Final and Irrevocable Consent to Adoption under | 3 | | subsection A, a Final and Irrevocable Consent to Adoption by a | 4 | | Specified Person or Persons: Non-DCFS Case under subsection | 5 | | A-1, or a Consent to Adoption of Unborn Child under subsection | 6 | | B prior to the execution of said Consent. The form of the Birth | 7 | | Parent Rights and Responsibilities-Private Form shall be | 8 | | substantially as follows: | 9 | | Birth Parent Rights and Responsibilities-Private Form | 10 | | THIS FORM DOES NOT CONSTITUTE LEGAL ADVICE. LEGAL ADVICE IS | 11 | | DEPENDENT ON THE SPECIFIC CIRCUMSTANCES OF EACH SITUATION AND | 12 | | JURISDICTION. THE INFORMATION IN THIS FORM CANNOT REPLACE THE | 13 | | ADVICE OF AN ATTORNEY LICENSED IN YOUR STATE. | 14 | | As a birth parent in the State of Illinois, you have the | 15 | | right: | 16 | | 1. To have your own attorney represent you. The prospective | 17 | | adoptive parents may agree to pay for the cost of your attorney | 18 | | in a manner consistent with Illinois law, but they are not | 19 | | required to do so. | 20 | | 2. To be treated with dignity and respect at all times and | 21 | | to make decisions free from coercion and pressure. | 22 | | 3. To request to receive counseling before and after | 23 | | signing a Final and Irrevocable Consent to Adoption | 24 | | ("Consent"), a Final and Irrevocable Consent to Adoption by a | 25 | | Specified Person or Persons: Non-DCFS Case ("Specified | 26 | | Consent"), or a Consent to Adoption of Unborn Child ("Unborn |
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| 1 | | Consent"). The prospective adoptive parents may agree to pay | 2 | | for the cost of counseling in a manner consistent with Illinois | 3 | | law, but they are not required to do so. | 4 | | 4. To ask to be involved in choosing your child's | 5 | | prospective adoptive parents and to ask to meet them. | 6 | | 5. To ask your child's prospective adoptive parents any | 7 | | questions that pertain to your decision to place your child | 8 | | with them. | 9 | | 6. To see your child before signing a Consent or Specified | 10 | | Consent if you are the custodial parent, and to request to see | 11 | | your child if you are not the custodial parent . | 12 | | 7. To request contact with your child and/or the child's | 13 | | prospective adoptive parents, with the understanding that any | 14 | | promises regarding contact with your child or receipt of | 15 | | information about the child after signing a Consent, Specified | 16 | | Consent, or Unborn Consent cannot be enforced under Illinois | 17 | | law. | 18 | | 8. To receive copies of all documents that you sign and | 19 | | have those documents provided to you in your preferred | 20 | | language. | 21 | | 9. To request that your identifying information remain | 22 | | confidential, unless required otherwise by Illinois law or | 23 | | court order, and to voluntarily share your medical, background, | 24 | | and identifying information, including information on the | 25 | | original birth certificate of your child. This can be done | 26 | | through the Illinois Adoption Registry and Medical Information |
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| 1 | | Exchange or through completing the Birth Parent Preference | 2 | | Form. Please visit http://dph.illinois.gov or | 3 | | www.newillinoisadoptionlaw.com register with the Illinois | 4 | | Adoption Registry and Medical Information Exchange . | 5 | | 10. To access the Confidential Intermediary Program which | 6 | | provides a way for a court appointed person to connect and/or | 7 | | exchange information between adoptees, adoptive parents and | 8 | | birth parents, and other biological family members, provided in | 9 | | most cases that mutual consent is given. Please visit | 10 | | www.ci-illinois.org or call (800) 526-9022(x29). | 11 | | 11 10 . To work with an adoption agency or attorney of your | 12 | | choice, or change said agency or attorney, provided you | 13 | | promptly inform all of the parties currently involved. | 14 | | 12 11 . To receive, upon request, a written list of any | 15 | | promised support, financial or otherwise, from your attorney or | 16 | | the attorney for your child's prospective adoptive parents. | 17 | | 13 12 . To delay signing a Consent, Specified Consent, or | 18 | | Unborn Consent if you are not ready to do so. | 19 | | 14 13 . To decline to sign a Consent, Specified Consent, or | 20 | | Unborn Consent even if you have received financial support from | 21 | | the prospective adoptive parents. | 22 | | If you do not receive any of the rights described in this | 23 | | Form, it shall not be a basis to revoke a Consent, Specified | 24 | | Consent, or Unborn Consent. | 25 | | As a Birth Parent in the State of Illinois, you have the | 26 | | responsibility: |
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| 1 | | 1. To carefully consider your reasons for choosing | 2 | | adoption. | 3 | | 2. To voluntarily provide all known medical, background, | 4 | | and family information about yourself and your immediate family | 5 | | to your child's prospective adoptive parents or their attorney. | 6 | | For the health of your child, you are strongly encouraged, but | 7 | | not required, to provide all known medical, background, and | 8 | | family history information about yourself and your family to | 9 | | your child's prospective adoptive parents or their attorney. | 10 | | 2 3 . (Birth mothers only) To accurately complete an | 11 | | Affidavit of Identification, which identifies the father of the | 12 | | child when known, with the understanding that a birth mother | 13 | | has a right to decline to identify the birth father. | 14 | | 3. To provide the necessary documentation regarding | 15 | | financial need to make an appropriate determination of | 16 | | reasonable pregnancy-related expenses. | 17 | | 4. To not accept financial support or reimbursement of | 18 | | pregnancy related expenses simultaneously from more than one | 19 | | source or if you are not pregnant, as doing so is a crime . | 20 | | 5. To voluntarily provide all known medical, background, | 21 | | and family information about yourself and your immediate family | 22 | | to your child's prospective adoptive parents or their attorney. | 23 | | For the health of your child, you are strongly encouraged, but | 24 | | not required, to do so as set forth on the following form: | 25 | | Birth Parent Medical Information | 26 | | The purpose of this form is to gather your health history, |
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| 1 | | genetic history, and social background information to share | 2 | | with the adoptive parents. It is important the adoptive family | 3 | | provide this information to the child's physician. It will | 4 | | become a part of the child's medical and family history. This | 5 | | form, in its entirety, will be given to the adoptive parent(s). | 6 | | The following information is true and complete to the best | 7 | | of my knowledge and belief. | 8 | | Birth parent name: | 9 | | ............................................................. | 10 | | Signature: | 11 | | ............................................................. | 12 | | Date: .................................................... | 13 | | YES or NO (circle one) I agree to release my full name on | 14 | | this form to the adoptive family. If NO is circled then the | 15 | | birth parent's name shall be redacted on this form. | 16 | | MOTHER'S PHYSICAL CHARACTERISTICS: | 17 | | Eyes: ... Hair: .... Complexion: .... Height: .... | 18 | | Weight: .... Body build: .....
Race: ..... | 19 | | Nationality/Descent: ....... Blood type: .... Rh factor: .... | 20 | | Eye glasses or contact lenses? Yes /.../ No /.../ | 21 | | Right /.../ Left /.../ handed | 22 | | Age: .... or Date of birth: ..... Religion: ................. | 23 | | Please list your highest education level, occupation, | 24 | | hobbies, interests, and talents: | 25 | | ............................................................. | 26 | | Existence of any disabilities? Yes /.../ No /.../ |
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| 1 | | If yes, explain: ............................................. | 2 | | If you have other children, list them below. Include any | 3 | | children previously placed for adoption. | 4 | | ............................................................. | 5 | | Describe your relationship with the birth father: ....... | 6 | | FATHER'S PHYSICAL CHARACTERISTICS: | 7 | | Eyes: ... Hair: .... Complexion: .... Height: .... | 8 | | Weight: .... Body build: .....
Race: ..... | 9 | | Nationality/Descent: ....... Blood type: .... Rh factor: .... | 10 | | Eye glasses or contact lenses? Yes /.../ No /.../ | 11 | | Right /.../ Left /.../ handed | 12 | | Age: .... or Date of birth: ..... Religion: ................. | 13 | | Please list your highest education level, occupation, | 14 | | hobbies, interests, and talents: | 15 | | ............................................................. | 16 | | Existence of any disabilities? Yes /.../ No /.../ | 17 | | If yes, explain: ............................................. | 18 | | If you have other children, list them below. Include any | 19 | | children previously placed for adoption. | 20 | | ............................................................. | 21 | | PREGNANCY HISTORY INVOLVING THIS CHILD | 22 | | Month prenatal care began during this pregnancy: ......... | 23 | | Complications during pregnancy: Yes... No ... If yes, | 24 | | explain: .................................................... | 25 | | ............................................................. | 26 | | MEDICATION AND OTHER SUBSTANCES USED DURING PREGNANCY OR YEAR |
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| 1 | | PRIOR TO PREGNANCY | |
2 | | | | | FREQUENCY/ | FREQUENCY/ | |
3 | | | | | AMOUNT | AMOUNT | |
4 | | | | | DURING | PRIOR TO | |
5 | | | YES | NO | PREGNANCY | PREGNANCY | |
6 | | Alcohol | /../ | /../ | ................. | ............... | |
7 | | Amphetamines | /../ | /../ | ................. | ............... | |
8 | | Barbiturates | /../ | /../ | ................. | ............... | |
9 | | Cocaine | /../ | /../ | ................. | ............... | |
10 | | Heroin | /../ | /../ | ................. | ............... | |
11 | | LSD | /../ | /../ | ................. | ............... | |
12 | | Marijuana | /../ | /../ | ................. | ............... | |
13 | | Caffeine | | | | | |
14 | | (Coffee, | | | | | |
15 | | tea, etc) | /../ | /../ | ................. | ............... | |
16 | | Prescription | | | | | |
17 | | drugs | /../ | /../ | ................. | ............... | |
18 | | Non- | | | | | |
19 | | prescription | | | | | |
20 | | drugs | /../ | /../ | ................. | ............... | |
21 | | Other | /../ | /../ | ................. | ............... |
| 22 | | In addition to this form, a birth parent shall also be | 23 | | provided the forms for the Illinois Adoption Registry and | 24 | | Medical Information Exchange. | 25 | | B. The form of consent required for the adoption of an |
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| 1 | | unborn child
shall be substantially as follows:
| 2 | | CONSENT TO ADOPTION OF UNBORN CHILD
| 3 | | I, ...., state:
| 4 | | That I am the father of a child expected to be born on or | 5 | | about ....
to .... (name of mother).
| 6 | | That I reside at .... County of ...., and State of .....
| 7 | | That I am of the age of .... years.
| 8 | | That I hereby enter my appearance in such adoption | 9 | | proceeding and
waive service of summons on me.
| 10 | | That I hereby acknowledge that I have been provided with a | 11 | | copy of the Birth Parent Rights and Responsibilities-Private | 12 | | Form before signing this Consent, and that I have had time to | 13 | | read, or have had read to me, this Form. I understand that if I | 14 | | do not receive any of the rights as described in this Form, it | 15 | | shall not constitute a basis to revoke this Consent to Adoption | 16 | | of Unborn Child. | 17 | | That I do hereby consent and agree to the adoption of such | 18 | | child, and
that I have not previously executed a consent or | 19 | | surrender with respect
to such child.
| 20 | | That I wish to and do understand that by signing this | 21 | | consent I do
irrevocably and permanently give up all custody | 22 | | and other parental
rights I have to such child, except that I | 23 | | have the right to revoke this
consent by giving written notice | 24 | | of my revocation not later than 72
hours after the birth of the | 25 | | child.
| 26 | | That I understand such child will be placed for adoption |
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| 1 | | and that,
except as hereinabove provided, I cannot under any | 2 | | circumstances, after
signing this document, change my mind and | 3 | | revoke or cancel this consent
or obtain or recover custody or | 4 | | any other rights over such child.
| 5 | | That I have read and understand the above and I am signing | 6 | | it as my
free and voluntary act.
| 7 | | Dated (insert date).
| 8 | | ........................
| 9 | | B-5. (1) The parent of a child may execute a consent to | 10 | | standby
adoption by a specified person or persons. A consent | 11 | | under this subsection B-5
shall be acknowledged by a parent | 12 | | pursuant to subsection H and subsection K of
this Section.
The | 13 | | form of consent required for the standby adoption of a born | 14 | | child
effective at a future date when the consenting
parent of | 15 | | the child dies or
requests that a final judgment of adoption be | 16 | | entered shall be substantially as
follows:
| 17 | | FINAL AND IRREVOCABLE CONSENT
| 18 | | TO STANDBY ADOPTION
| 19 | | I, ..., (relationship, e.g. mother or father)
of ...., a | 20 | | ..male child, state:
| 21 | | That the child was born on .... at .....
| 22 | | That I reside at ...., County of ...., and State of .....
| 23 | | That I am of the age of .... years.
| 24 | | That I hereby enter my appearance in this proceeding and | 25 | | waive service of
summons on me in this action only.
| 26 | | That I do hereby consent and
agree to the standby adoption |
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| 1 | | of the child, and that I have not previously
executed a consent | 2 | | or surrender with respect to the child.
| 3 | | That I wish to and understand that by signing this consent | 4 | | I do irrevocably
and permanently give up all custody and other | 5 | | parental rights I have to the
child, effective upon
(my death) | 6 | | (the child's other parent's death) or upon (my) (the other
| 7 | | parent's) request for the entry of a final judgment for | 8 | | adoption if .....
(specified person or persons) adopt my child.
| 9 | | That I understand that until (I die) (the child's other | 10 | | parent dies), I
retain all legal rights and obligations | 11 | | concerning the child, but at that time,
I irrevocably give all | 12 | | custody and other parental rights to .... (specified
person or | 13 | | persons).
| 14 | | I understand my child will be adopted by ....... (specified | 15 | | person or
persons) only and that I cannot, under any | 16 | | circumstances, after signing this
document, change my mind and | 17 | | revoke or cancel this consent or obtain or recover
custody or | 18 | | any other rights over my child if ..... (specified person or
| 19 | | persons) adopt my child.
| 20 | | I understand that this consent to standby adoption is valid | 21 | | only if the
petition for standby adoption is filed and that if | 22 | | ....... (specified person or
persons), for any reason, cannot | 23 | | or will not file a petition for standby
adoption or if his, | 24 | | her, or their petition for standby adoption is denied, then
| 25 | | this consent is void. I have the right to notice of any other | 26 | | proceeding that
could affect my parental rights.
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| 1 | | That I have read and understand the above and I am signing | 2 | | it as my free and
voluntary act.
| 3 | | Dated (insert date).
| 4 | | ....................
| 5 | | If under Section 8 the consent of more than one person is | 6 | | required, then each
such
person shall execute a separate | 7 | | consent. A separate consent shall be executed
for each
child.
| 8 | | (2) If the parent consents to a standby adoption by 2 | 9 | | specified persons,
then the form shall contain 2 additional | 10 | | paragraphs in substantially the
following form:
| 11 | | If .... (specified persons) obtain a judgment of
| 12 | | dissolution of
marriage before the judgment for adoption is | 13 | | entered, then .....
(specified person) shall adopt my child. I | 14 | | understand that I cannot change my
mind and revoke this consent | 15 | | or obtain or recover custody of my child if .....
(specified | 16 | | persons) obtain a judgment of dissolution of marriage and .....
| 17 | | (specified person) adopts my child. I understand that I cannot | 18 | | change my
mind and revoke this consent if ...... (specified | 19 | | persons) obtain a
judgment of dissolution of marriage before | 20 | | the adoption is final. I
understand that this consent to | 21 | | adoption has no effect on who will get custody
of my child if | 22 | | ..... (specified persons) obtain a judgment of dissolution
of | 23 | | marriage after the adoption is final. I understand that if | 24 | | either .....
(specified persons) dies before the petition to | 25 | | adopt my child is granted, then
the surviving person may adopt |
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| 1 | | my child. I understand that I cannot change my
mind and revoke | 2 | | this consent or obtain or recover custody of my child if the
| 3 | | surviving person adopts my child.
| 4 | | A consent to standby adoption by specified persons on this | 5 | | form shall have no
effect on a court's determination of custody | 6 | | or visitation under the Illinois
Marriage and Dissolution
of | 7 | | Marriage Act if the marriage of the specified persons is | 8 | | dissolved before
the adoption is final.
| 9 | | (3) The form of the certificate of acknowledgement for a | 10 | | Final and
Irrevocable Consent for Standby Adoption shall be | 11 | | substantially as follows:
| 12 | | STATE OF .....)
| 13 | | ) SS.
| 14 | | COUNTY OF ....)
| 15 | | I, ....... (name of Judge or other person) ..... (official | 16 | | title,
name, and address), certify that ......., personally | 17 | | known to me to be
the same person whose name is subscribed to | 18 | | the foregoing Final and Irrevocable
Consent to Standby | 19 | | Adoption, appeared before me this day in person and
| 20 | | acknowledged that (she) (he) signed and
delivered the consent | 21 | | as (her) (his) free and voluntary act, for the specified
| 22 | | purpose.
| 23 | | I have fully explained that this consent to adoption is | 24 | | valid only if the
petition to adopt is filed, and that if the |
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| 1 | | specified person or persons, for
any reason, cannot or will not | 2 | | adopt the child or if the adoption petition is
denied, then | 3 | | this consent will be void. I have fully explained that if the
| 4 | | specified person or persons adopt the child, by signing this | 5 | | consent (she) (he)
is irrevocably and permanently | 6 | | relinquishing all parental rights to the child,
and (she) (he) | 7 | | has stated that such is (her) (his) intention and desire.
| 8 | | Dated (insert date).
| 9 | | Signature ..............................
| 10 | | (4) If a consent to standby adoption is executed in this | 11 | | form,
the consent shall be valid only if the specified
person | 12 | | or persons adopt the child. The consent shall be void if:
| 13 | | (a) the specified person or persons do not file a petition | 14 | | for standby
adoption of the child; or
| 15 | | (b) a court denies the standby adoption petition.
| 16 | | The parent shall not need to take further action to revoke | 17 | | the consent if the
standby adoption by the specified person or | 18 | | persons does not occur,
notwithstanding the provisions of | 19 | | Section 11 of this Act.
| 20 | | C. The form of surrender to any agency given by a parent of | 21 | | a born
child who is to be subsequently placed for adoption | 22 | | shall be
substantially as follows and shall contain such other | 23 | | facts and
statements as the particular agency shall require.
| 24 | | FINAL AND IRREVOCABLE SURRENDER
| 25 | | FOR PURPOSES OF ADOPTION
| 26 | | I, .... (relationship, e.g., mother, father, relative, |
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| 1 | | guardian) of
...., a ..male child, state:
| 2 | | That such child was born on ...., at .....
| 3 | | That I reside at ...., County of ...., and State of .....
| 4 | | That I am of the age of .... years.
| 5 | | That I do hereby surrender and entrust the entire custody | 6 | | and control
of such child to the .... (the "Agency"), a | 7 | | (public) (licensed) child
welfare agency with its principal | 8 | | office in the City of ...., County of
.... and State of ...., | 9 | | for the purpose of enabling it to care for and
supervise the | 10 | | care of such child, to place such child for adoption and
to | 11 | | consent to the legal adoption of such child.
| 12 | | That I hereby grant to the Agency full power and authority | 13 | | to place
such child with any person or persons it may in its | 14 | | sole discretion
select to become the adopting parent or parents | 15 | | and to consent to the
legal adoption of such child by such | 16 | | person or persons; and to take any
and all measures which, in | 17 | | the judgment of the Agency, may be for the
best interests of | 18 | | such child, including authorizing medical, surgical
and dental | 19 | | care and treatment including inoculation and anaesthesia for
| 20 | | such child.
| 21 | | That I wish to and understand that by signing this | 22 | | surrender I do
irrevocably and permanently give up all custody | 23 | | and other parental
rights I have to such child.
| 24 | | That I understand I cannot under any circumstances, after | 25 | | signing
this surrender, change my mind and revoke or cancel | 26 | | this surrender or
obtain or recover custody or any other rights |
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| 1 | | over such child.
| 2 | | That I have read and understand the above and I am signing | 3 | | it as my
free and voluntary act.
| 4 | | Dated (insert date).
| 5 | | ........................
| 6 | | C-5. The form of a Final and Irrevocable Designated | 7 | | Surrender for Purposes of Adoption to any agency given by a | 8 | | parent of a born child who is to be subsequently placed for | 9 | | adoption is to be used by legal parents only. The form shall be | 10 | | substantially as follows and shall contain such other facts and | 11 | | statements as the particular agency shall require: | 12 | | FINAL AND IRREVOCABLE DESIGNATED SURRENDER | 13 | | FOR PURPOSES OF ADOPTION | 14 | | I, .... (relationship, e.g., mother, father, relative, | 15 | | guardian) of ...., a ..male child, state: | 16 | | 1. That such child was born on ...., at ..... | 17 | | 2. That I reside at ...., County of ...., and State of | 18 | | ..... | 19 | | 3. That I am of the age of .... years. | 20 | | 4. That I do hereby surrender and entrust the entire | 21 | | custody and control of such child to the .... (the "Agency"), a | 22 | | (public) (licensed) child welfare agency with its principal | 23 | | office in the City of ...., County of .... and State of ...., | 24 | | for the purpose of enabling it to care for and supervise the | 25 | | care of such child, to place such child for adoption with | 26 | | ............................. (specified person or persons) |
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| 1 | | and to consent to the legal adoption of such child and to take | 2 | | any and all measures which, in the judgment of the Agency, may | 3 | | be for the best interests of such child, including authorizing | 4 | | medical, surgical and dental care and treatment including | 5 | | inoculation and anesthesia for such child. | 6 | | 5. That I wish to and understand that by signing this | 7 | | surrender I do irrevocably and permanently give up all custody | 8 | | and other parental rights I have to such child. | 9 | | 6. That if the petition for adoption is not filed by the
| 10 | | specified person or persons designated herein or, if the
| 11 | | petition for adoption is filed but the adoption petition is
| 12 | | dismissed with prejudice or the adoption proceeding is
| 13 | | otherwise concluded without an order declaring the child to be
| 14 | | the adopted child of each specified person, then I understand | 15 | | that the Agency will provide notice to me within 10 business | 16 | | days and that such notice will be directed to me using the | 17 | | contact information I have provided to the Agency. I understand | 18 | | that I will have 10 business days from the date that the Agency | 19 | | sends me its notice to respond, within which time I may choose | 20 | | to designate other adoptive parent(s). However, I acknowledge | 21 | | that
the Agency has full power and authority to place the child | 22 | | for adoption with
any person or persons it may in its sole | 23 | | discretion select to
become the adopting parent or parents and | 24 | | to consent to the
legal adoption of the child by such person or | 25 | | persons. | 26 | | 7. That I acknowledge that this surrender is valid even if |
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| 1 | | the specified persons separate or divorce or one of the | 2 | | specified persons dies prior to the entry of the final judgment | 3 | | for adoption. | 4 | | 8. That I expressly acknowledge that the above paragraphs 6 | 5 | | and 7 do not impair the validity and absolute finality of this | 6 | | surrender under any circumstance. | 7 | | 9. That I understand that I have a remaining obligation to | 8 | | keep the Agency informed of my current contact information | 9 | | until the adoption of the child has been finalized if I wish to | 10 | | be notified in the event the adoption by the specified | 11 | | person(s) cannot proceed. | 12 | | 10. That I understand I cannot under any circumstances, | 13 | | after signing this surrender, change my mind and revoke or | 14 | | cancel this surrender or obtain or recover custody or any other | 15 | | rights over such child. | 16 | | 11. That I have read and understand the above and I am | 17 | | signing it as my free and voluntary act. | 18 | | Dated (insert date). | 19 | | .............................. | 20 | | D. The form of surrender to an agency given by a parent of | 21 | | an unborn
child who is to be subsequently placed for adoption | 22 | | shall be
substantially as follows and shall contain such other | 23 | | facts and
statements as the particular agency shall require.
| 24 | | SURRENDER OF UNBORN CHILD FOR
| 25 | | PURPOSES OF ADOPTION
| 26 | | I, .... (father), state:
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| 1 | | That I am the father of a child expected to be born on or | 2 | | about ....
to .... (name of mother).
| 3 | | That I reside at ...., County of ...., and State of .....
| 4 | | That I am of the age of .... years.
| 5 | | That I do hereby surrender and entrust the entire custody | 6 | | and control
of such child to the .... (the "Agency"), a | 7 | | (public) (licensed) child
welfare agency with its principal | 8 | | office in the City of ...., County of
.... and State of ...., | 9 | | for the purpose of enabling it to care for and
supervise the | 10 | | care of such child, to place such child for adoption and
to | 11 | | consent to the legal adoption of such child, and that I have | 12 | | not
previously executed a consent or surrender with respect to | 13 | | such child.
| 14 | | That I hereby grant to the Agency full power and authority | 15 | | to place
such child with any person or persons it may in its | 16 | | sole discretion
select to become the adopting parent or parents | 17 | | and to consent to the
legal adoption of such child by such | 18 | | person or persons; and to take any
and all measures which, in | 19 | | the judgment of the Agency, may be for the
best interests of | 20 | | such child, including authorizing medical, surgical
and dental | 21 | | care and treatment, including inoculation and anaesthesia for
| 22 | | such child.
| 23 | | That I wish to and understand that by signing this | 24 | | surrender I do
irrevocably and permanently give up all custody | 25 | | and other parental
rights I have to such child.
| 26 | | That I understand I cannot under any circumstances, after |
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| 1 | | signing
this surrender, change my mind and revoke or cancel | 2 | | this surrender or
obtain or recover custody or any other rights | 3 | | over such child, except
that I have the right to revoke this | 4 | | surrender by giving written notice
of my revocation not later | 5 | | than 72 hours after the birth of such child.
| 6 | | That I have read and understand the above and I am signing | 7 | | it as my
free and voluntary act.
| 8 | | Dated (insert date).
| 9 | | ........................
| 10 | | E. The form of consent required from the parents for the | 11 | | adoption of
an adult, when such adult elects to obtain such | 12 | | consent, shall be
substantially as follows:
| 13 | | CONSENT
| 14 | | I, ...., (father) (mother) of ...., an adult, state:
| 15 | | That I reside at ...., County of .... and State of .....
| 16 | | That I do hereby consent and agree to the adoption of such | 17 | | adult by
.... and .....
| 18 | | Dated (insert date).
| 19 | | .........................
| 20 | | F. The form of consent required for the adoption of a child | 21 | | of the
age of 14 years or over, or of an adult, to be given by | 22 | | such person,
shall be substantially as follows:
| 23 | | CONSENT
| 24 | | I, ...., state:
| 25 | | That I reside at ...., County of .... and State of ..... | 26 | | That I am
of the age of .... years. That I hereby enter my |
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| 1 | | appearance in this proceeding and waive service of summons on | 2 | | me. That I consent and agree to my adoption by
.... and .....
| 3 | | Dated (insert date).
| 4 | | ........................
| 5 | | G. The form of consent given by an agency to the adoption | 6 | | by
specified persons of a child previously surrendered to it | 7 | | shall set
forth that the agency has the authority to execute | 8 | | such consent. The
form of consent given by a guardian of the | 9 | | person of a child sought to
be adopted, appointed by a court of | 10 | | competent jurisdiction, shall set
forth the facts of such | 11 | | appointment and the authority of the guardian to
execute such | 12 | | consent.
| 13 | | H. A consent (other than that given by an agency, or | 14 | | guardian of the
person of the child sought to be adopted who | 15 | | was appointed by a court of
competent jurisdiction) shall be | 16 | | acknowledged by a parent before a judge of a court of competent | 17 | | jurisdiction or, except as otherwise provided in
this Act, | 18 | | before a representative of an agency, or before a person, other | 19 | | than the attorney for the prospective adoptive parent or | 20 | | parents, designated by a court of competent
jurisdiction.
| 21 | | I. A surrender, or any other document equivalent to a | 22 | | surrender, by
which a child is surrendered to an agency shall | 23 | | be acknowledged by the
person signing such surrender, or other | 24 | | document, before a judge of a court of competent jurisdiction, | 25 | | or, except as otherwise provided in this Act, before a | 26 | | representative of an agency, or before a person designated by a |
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| 1 | | court
of competent jurisdiction.
| 2 | | J. The form of the certificate of acknowledgment for a | 3 | | consent, a
surrender, or any other document equivalent to a | 4 | | surrender, shall be
substantially as follows:
| 5 | | STATE OF ....)
| 6 | | ) SS.
| 7 | | COUNTY OF ...)
| 8 | | I, .... (Name of judge or other person), .... (official | 9 | | title, name and
location of court or status or position of | 10 | | other person),
certify that ...., personally known to me to be | 11 | | the same person whose
name is subscribed to the foregoing | 12 | | (consent) (surrender), appeared
before me this day in person | 13 | | and acknowledged that (she) (he) signed and
delivered such | 14 | | (consent) (surrender) as (her) (his) free and voluntary
act, | 15 | | for the specified purpose.
| 16 | | I have fully explained that by signing such (consent) | 17 | | (surrender)
(she) (he) is irrevocably relinquishing all | 18 | | parental rights to such
child or adult and (she) (he) has | 19 | | stated that such is (her) (his)
intention and desire. (Add if | 20 | | Consent only) I am further satisfied that, before signing this | 21 | | Consent, ........ has read, or has had read to him or her, the | 22 | | Birth Parent Rights and Responsibilities-Private Form.
| 23 | | Dated (insert date).
| 24 | | Signature ...............
| 25 | | K. When the execution of a consent or a surrender is | 26 | | acknowledged
before someone other than a judge,
such other |
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| 1 | | person shall have his or her signature on the certificate
| 2 | | acknowledged before a notary public, in form substantially as | 3 | | follows:
| 4 | | STATE OF ....)
| 5 | | ) SS.
| 6 | | COUNTY OF ...)
| 7 | | I, a Notary Public, in and for the County of ......, in the | 8 | | State of
......, certify that ...., personally known to me to | 9 | | be the
same person whose name is subscribed to the foregoing | 10 | | certificate of
acknowledgment, appeared before me in person and | 11 | | acknowledged that (she)
(he) signed such certificate as (her) | 12 | | (his) free and voluntary act and
that the statements made in | 13 | | the certificate are true.
| 14 | | Dated (insert date).
| 15 | | Signature ...................... Notary Public
| 16 | | (official seal)
| 17 | | There shall be attached a certificate of magistracy, or | 18 | | other
comparable proof of office of the notary public | 19 | | satisfactory to the
court, to a consent signed and acknowledged | 20 | | in another state.
| 21 | | L. A surrender or consent executed and acknowledged outside | 22 | | of this
State, either in accordance with the law of this State | 23 | | or in accordance
with the law of the place where executed, is | 24 | | valid.
| 25 | | M. Where a consent or a surrender is signed in a foreign |
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| 1 | | country,
the execution of such consent shall be acknowledged or | 2 | | affirmed in a
manner conformable to the law and procedure of | 3 | | such country.
| 4 | | N. If the person signing a consent or surrender is in the | 5 | | military
service of the United States, the execution of such | 6 | | consent or surrender
may be acknowledged before a commissioned | 7 | | officer and the signature of
such officer on such certificate | 8 | | shall be verified or acknowledged
before a notary public or by | 9 | | such other procedure as is then in effect
for such division or | 10 | | branch of the armed forces.
| 11 | | O. (1) The parent or parents of a child in whose interests | 12 | | a petition
under Section 2-13 of the Juvenile Court Act of 1987 | 13 | | is pending may, with the
approval of the designated | 14 | | representative of the Department of Children and
Family | 15 | | Services ("Department" or "DCFS"), execute a consent to | 16 | | adoption by a specified person or
persons:
| 17 | | (a) in whose physical custody the child has resided for | 18 | | at least 6
months;
or
| 19 | | (b) in whose physical custody at least one sibling of | 20 | | the child who is the
subject of this consent has resided | 21 | | for at least 6 months, and
the child who is
the subject of | 22 | | this consent is currently residing in this foster home; or
| 23 | | (c) in whose physical custody a child under one year of | 24 | | age has resided
for at least 3 months.
| 25 | | The court may waive the time frames in subdivisions (a), | 26 | | (b), and (c) for good cause shown if the court finds it to be in |
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| 1 | | the child's best interests. | 2 | | A consent under this subsection O shall be acknowledged by | 3 | | a parent pursuant to
subsection H and subsection K of this | 4 | | Section.
| 5 | | (2) The final and irrevocable consent to adoption by a | 6 | | specified person or persons in a Department of Children and | 7 | | Family Services (DCFS) case shall be substantially
as follows:
| 8 | | FINAL AND IRREVOCABLE CONSENT TO ADOPTION BY
| 9 | | A SPECIFIED PERSON OR PERSONS: DCFS CASE
| 10 | | I, ......................................, the | 11 | | .................. (mother or
father) of a ....male child, | 12 | | state:
| 13 | | 1. My child ............................ (name of | 14 | | child) was born on
(insert date) at .................... | 15 | | Hospital in the municipality of ........., in
| 16 | | ................ County, State of ...............
| 17 | | 2. I reside at ......................, County of | 18 | | ............. and
State of .............. | 19 | | Mail may also be sent to me at this address | 20 | | ............................, in care of ................. | 21 | | My home telephone number is ...................... | 22 | | My cell telephone number is ...................... | 23 | | My e-mail address is .................................
| 24 | | 3. I, ..........................., am .... years old.
| 25 | | 4. I enter my appearance in this action for my child to | 26 | | be adopted by the
person or persons specified herein by me |
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| 1 | | and waive service of
summons on me in this action only.
| 2 | | 5. I hereby acknowledge that I have been provided a | 3 | | copy of the Birth Parent Rights and Responsibilities for | 4 | | DCFS Cases before signing this Consent and that I have had | 5 | | time to read this form or have it read to me and that I | 6 | | understand the rights and responsibilities described in | 7 | | this form. I understand that if I do not receive any of my | 8 | | rights as described in the form, it shall not constitute a | 9 | | basis to revoke this Final and Irrevocable Consent to | 10 | | Adoption by a Specified Person or Persons. | 11 | | 6. I do hereby consent and agree to the adoption of | 12 | | such child by .......... (specified person or persons) | 13 | | only. | 14 | | 7. I wish to sign this consent and I understand that by | 15 | | signing this consent I irrevocably and permanently give up | 16 | | all my parental rights I have to my child. | 17 | | 8. I understand that this consent allows my child to be | 18 | | adopted by .......... only and that I cannot under any | 19 | | circumstances after signing this document change my mind | 20 | | and revoke or cancel this consent. | 21 | | 9. I understand that this consent will be void if: | 22 | | (a) the Department places my child with someone | 23 | | other than the specified person or persons; or | 24 | | (b) a court denies the adoption petition for the | 25 | | specified person or persons to adopt my child; or | 26 | | (c) the DCFS Guardianship Administrator refuses to |
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| 1 | | consent to my child's adoption by the specified person | 2 | | or persons on the basis that the adoption is not in my | 3 | | child's best interests. | 4 | | I understand that if this consent is void I have | 5 | | parental rights to my child, subject to any applicable | 6 | | court orders including those entered under Article II of | 7 | | the Juvenile Court Act of 1987, unless and until I sign a | 8 | | new consent or surrender or my parental rights are | 9 | | involuntarily terminated. I understand that if this | 10 | | consent is void, my child may be adopted by someone other | 11 | | than the specified person or persons only if I sign a new | 12 | | consent or surrender, or my parental rights are | 13 | | involuntarily terminated. I understand that if this | 14 | | consent is void, the Department will notify me within 30 | 15 | | days using the addresses and telephone numbers I provided | 16 | | in paragraph 2 of this form. I understand that if I receive | 17 | | such a notice, it is very important that I contact the | 18 | | Department immediately, and preferably within 30 days, to | 19 | | have input into the plan for my child's future. | 20 | | 10. I understand that if a petition for adoption of my | 21 | | child is filed by someone other than the specified person | 22 | | or persons, the Department will notify me within 14 days | 23 | | after the Department becomes aware of the petition. The | 24 | | fact that someone other than the specified person or | 25 | | persons files a petition to adopt my child does not make | 26 | | this consent void. |
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| 1 | | 11. If a person other than the specified person or | 2 | | persons files a petition to adopt my child or if the | 3 | | consent is void under paragraph 9, the Department will send | 4 | | written notice to me using the mailing address and email | 5 | | address provided by me in paragraph 2 of this form. The | 6 | | Department will also contact me using the telephone numbers | 7 | | I provided in paragraph 2 of this form. It is very | 8 | | important that I let the Department know if any of my | 9 | | contact information changes. If I do not let the Department | 10 | | know if any of my contact information changes, I understand | 11 | | that I may not receive notification from the Department if | 12 | | this consent is void or if someone other than the specified | 13 | | person or persons files a petition to adopt my child. If | 14 | | any of my contact information changes, I should immediately | 15 | | notify: | 16 | | Caseworker's name and telephone number: | 17 | | ............................................................; | 18 | | Agency name, address, zip code, and telephone number: | 19 | | ............................................................; | 20 | | Supervisor's name and telephone number: | 21 | | ............................................................; | 22 | | DCFS Advocacy Office for Children and Families: | 23 | | 800-232-3798. | 24 | | 12. I expressly acknowledge that paragraph 9 (and | 25 | | paragraphs 8a and 8b, if applicable) do not impair the | 26 | | validity and finality of this consent under any |
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| 1 | | circumstances.
| 2 | |
13. I have read and understand the above and I am | 3 | | signing it as my free
and voluntary act.
| 4 | | Dated (insert date).
| 5 | | .............................................
| 6 | | Signature of parent
| 7 | | (3) If the parent consents to an adoption by 2 specified | 8 | | persons, then the
form shall contain 2 additional paragraphs in | 9 | | substantially the following form:
| 10 | | 8a. If ............... (specified persons) get a | 11 | | divorce
or are granted a dissolution of a civil union | 12 | | before the petition to adopt my child is granted, this | 13 | | consent is valid for ........... (specified person) to | 14 | | adopt my child. I understand that I cannot change my mind | 15 | | or revoke this consent or recover custody of my child on | 16 | | the basis that the specified persons divorce or are granted | 17 | | a dissolution of a civil union.
| 18 | | 8b. I understand that if either ...............
| 19 | | (specified persons) dies before the petition to adopt
my | 20 | | child is granted, this consent remains valid for the | 21 | | surviving person to adopt my child. I understand that I | 22 | | cannot change my mind or revoke this consent or recover | 23 | | custody of my child on the basis that one of the specified | 24 | | persons dies.
| 25 | | (4) The form of the certificate of acknowledgement for a | 26 | | Final and
Irrevocable Consent for Adoption by a Specified |
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| 1 | | Person or Persons: DCFS Case shall be
substantially as follows:
| 2 | | STATE OF ..............)
| 3 | | ) SS.
| 4 | | COUNTY OF .............)
| 5 | | I, .................... (Name of Judge or other person),
| 6 | | ..................... (official title, name, and address),
| 7 | | certify that ............., personally known to me to be the | 8 | | same person whose
name is subscribed to the foregoing Final and | 9 | | Irrevocable Consent for Adoption
by a Specified Person or | 10 | | Persons: DCFS Case, appeared before me this day
in person and | 11 | | acknowledged that (she)(he) signed and delivered the consent as
| 12 | | (her)(his) free and voluntary act, for the specified purpose.
| 13 | | I have fully explained that by signing this consent this | 14 | | parent is irrevocably
and permanently
relinquishing all | 15 | | parental rights to the child so that the child may be adopted | 16 | | by a specified person or persons, and this parent has stated | 17 | | that
such is (her)(his) intention and desire. I have fully | 18 | | explained that this consent is void only if:
| 19 | | (a) the placement is disrupted and the child is moved | 20 | | to a different placement; or | 21 | | (b) a court denies the petition for adoption; or | 22 | | (c) the Department of Children and Family Services | 23 | | Guardianship Administrator refuses to consent to the | 24 | | child's adoption by a specified person or persons on the |
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| 1 | | basis that the adoption is not in the child's best | 2 | | interests. | 3 | | Dated (insert date).
| 4 | | ...............................
| 5 | | Signature
| 6 | | (5) If a consent to adoption by a specified person or | 7 | | persons is executed in
this form, the following provisions | 8 | | shall apply. The consent shall be valid
only for the specified | 9 | | person or persons to adopt the child. The consent shall be void
| 10 | | if:
| 11 | | (a) the placement disrupts and the child is moved to | 12 | | another placement; or
| 13 | | (b) a court denies the petition for adoption; or
| 14 | | (c) the Department of Children and Family Services | 15 | | Guardianship
Administrator refuses to consent to the | 16 | | child's adoption by the specified person or persons on the | 17 | | basis that the adoption is not in the child's best | 18 | | interests.
| 19 | | If the consent is void under this Section, the parent shall | 20 | | not need to take further action to revoke the consent. No | 21 | | proceeding for termination of parental rights shall be brought | 22 | | unless the parent who executed the consent to adoption by a | 23 | | specified person or persons has been notified of the | 24 | | proceedings pursuant to Section 7 of this Act or subsection (4) | 25 | | of Section 2-13 of the Juvenile Court Act of 1987.
| 26 | | (6) The Department of Children and Family Services is |
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| 1 | | authorized
to promulgate rules necessary to implement this | 2 | | subsection O.
| 3 | | (7) (Blank).
| 4 | | (8) The Department of Children and Family Services shall | 5 | | promulgate a rule and procedures regarding Consents to Adoption | 6 | | by a Specified Person or Persons in DCFS cases. The rule and | 7 | | procedures shall provide for the development of the Birth | 8 | | Parent Rights and Responsibilities Form for DCFS
Cases. | 9 | | (9) A consent to adoption by specified persons on this
| 10 | | consent form shall have no effect on a court's determination of
| 11 | | custody or visitation under the Illinois Marriage and
| 12 | | Dissolution of Marriage Act or the Illinois Religious Freedom
| 13 | | Protection and Civil Union Act if the marriage or civil union | 14 | | of the
specified persons is dissolved after the adoption is | 15 | | final. | 16 | | P. If the person signing a consent is incarcerated or | 17 | | detained in a correctional facility, prison, jail, detention | 18 | | center, or other comparable institution, either in this State | 19 | | or any other jurisdiction, the execution of such consent may be | 20 | | acknowledged before social service personnel of such | 21 | | institution, or before a person designated by a court of | 22 | | competent jurisdiction. | 23 | | Q. A consent may be acknowledged telephonically, via | 24 | | audiovisual connection, or other electronic means, provided | 25 | | that a court of competent jurisdiction has entered an order | 26 | | approving the execution of the consent in such manner and has |
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| 1 | | designated an individual to be physically present with the | 2 | | parent executing such consent in order to verify the identity | 3 | | of the parent. | 4 | | R. An agency whose representative is acknowledging a | 5 | | consent pursuant to this Section shall be a public child | 6 | | welfare agency, or a child welfare agency, or a child placing | 7 | | agency that is authorized or licensed in the State or | 8 | | jurisdiction in which the consent is signed. | 9 | | S. The form of waiver by a putative or legal father of a | 10 | | born or unborn child shall be substantially as follows: | 11 | | FINAL AND IRREVOCABLE | 12 | | WAIVER OF PARENTAL RIGHTS OF PUTATIVE OR LEGAL FATHER | 13 | | I, .................... , state under oath or affirm as | 14 | | follows: | 15 | | 1. That the biological mother ............... has | 16 | | named me as a possible biological or
legal father of her | 17 | | minor child who was born, or is expected to be born on
| 18 | | ..........., ......, in the City/Town of........., State | 19 | | of ........... | 20 | | 2. That I understand that the biological mother | 21 | | ............. intends to or has placed the child
for | 22 | | adoption. | 23 | | 3. That I reside at ................, in the City/Town | 24 | | of...........,
State of ................ |
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| 1 | | 4. That I am ................ years of age and my date | 2 | | of birth is ..............., ............. | 3 | | 5. That I (select one): | 4 | | ..... am married to the biological mother. | 5 | | ..... am not married to the biological mother and | 6 | | have not been married to the biological
mother within | 7 | | 300 days before the child's birth or expected date of | 8 | | child's birth. | 9 | | ..... am not currently married to the biological | 10 | | mother, but was married to the biological
mother, | 11 | | within 300 days before the child's birth or expected | 12 | | date of child's birth. | 13 | | 6. That I (select one): | 14 | | ..... neither admit nor deny that I am the | 15 | | biological father of the child. | 16 | | ..... deny that I am the biological father of the | 17 | | child. | 18 | | 7. That I hereby agree to the termination of my | 19 | | parental rights, if any, without further notice to me
of | 20 | | any proceeding for the adoption of the minor child, even if | 21 | | I have taken any action to establish
parental rights or | 22 | | take any such action in the future including registering | 23 | | with any putative father
registry. | 24 | | 8. That I understand that by signing this Waiver I do | 25 | | irrevocably and permanently give up all
custody and other | 26 | | parental rights I may have to such child. |
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| 1 | | 9. That I understand that this Waiver is FINAL AND | 2 | | IRREVOCABLE and that I am permanently
barred from | 3 | | contesting any proceeding for the adoption of the child | 4 | | after I sign this Waiver. | 5 | | 10. That I waive any further service of summons or | 6 | | other pleadings in any proceeding to terminate
parental | 7 | | rights, if any to this child, or any proceeding for | 8 | | adoption of this child. | 9 | | 11. That I understand that if a final judgment or order | 10 | | of adoption for this child is not entered, then
any | 11 | | parental rights or responsibilities that I may have remain | 12 | | intact. | 13 | | 12. That I have read and understand the above and that | 14 | | I am signing it as my free and voluntary act. | 15 | | Dated: ................... , .............. | 16 | | ........................................... | 17 | | Signature | 18 | | OATH | 19 | | I have been duly sworn and I state under oath that I have read | 20 | | and understood this Final and Irrevocable
Waiver of Parental | 21 | | Rights of Putative or Legal Father. The facts contained in it | 22 | | are true and correct to the
best of my knowledge. I have signed | 23 | | this document as my free and voluntary act in order to | 24 | | facilitate the
adoption of the child. |
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| 1 | | .............................. | 2 | | Signature | 3 | | Signed and Sworn before me on | 4 | | this ............ day | 5 | | of ..........., 20.... | 6 | | ................... | 7 | | Notary Public | 8 | | (Source: P.A. 97-493, eff. 8-22-11; 97-988, eff. 1-1-13; | 9 | | 97-1063, eff. 1-1-13; 98-463, eff. 8-16-13.)
| 10 | | (750 ILCS 50/12.2 new) | 11 | | Sec. 12.2. Adoptive parent rights and responsibilities. | 12 | | Prior to finalization of an adoption pursuant to this Act, any | 13 | | prospective adoptive parent in a private adoption who is not | 14 | | being provided with adoption services by a licensed child | 15 | | welfare agency pursuant to the Child Care Act of 1969, who is | 16 | | not adopting a related child, and who is not adopting a child | 17 | | who is a ward of the Department of Children and Family Services | 18 | | shall be provided with the following form: | 19 | | Adoptive Parents Rights and Responsibilities-Private Form | 20 | | THIS FORM DOES NOT CONSTITUTE LEGAL ADVICE. LEGAL ADVICE IS | 21 | | DEPENDENT ON THE SPECIFIC CIRCUMSTANCES OF EACH SITUATION AND | 22 | | JURISDICTION. THE INFORMATION IN THIS FORM CANNOT REPLACE THE |
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| 1 | | ADVICE OF AN ATTORNEY LICENSED IN YOUR STATE. | 2 | | As an adoptive parent in the State of Illinois, you have | 3 | | the right: | 4 | | 1. To be treated with dignity and respect. | 5 | | 2. To make decisions free from pressure or coercion, | 6 | | including your decision to accept or reject the placement of a | 7 | | particular child. | 8 | | 3. To be informed of the rights of birth parents. | 9 | | 4. To know that the birth parent shall have the right to | 10 | | request to receive counseling before and after signing a Final | 11 | | and Irrevocable Consent to Adoption ("Consent"), a Final and | 12 | | Irrevocable Consent to Adoption by a Specified Person or | 13 | | Persons: Non-DCFS Case ("Specified Consent"), or a Consent to | 14 | | Adoption of Unborn Child ("Unborn Consent"). You may agree to | 15 | | pay for the cost of counseling in a manner consistent with | 16 | | Illinois law, but you are not required to do so. | 17 | | 5. To receive a written schedule of fees and refund | 18 | | policies from the entity who will handle the investigation of | 19 | | your adoption for the Court. | 20 | | 6. To explore the possibility of a subsidy for a child with | 21 | | special needs who is not a ward of the Illinois Department of | 22 | | Children and Family Services. The Department may provide a | 23 | | subsidy if the child meets certain criteria. If you adopt a | 24 | | child who is eligible for supplemental security income (SSI), | 25 | | or who meets other special needs criteria, your child may be | 26 | | subsidy eligible. You should discuss eligibility for a subsidy |
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| 1 | | with your attorney before the adoption is finalized, as this | 2 | | option is only available before the entry of a Judgment Order | 3 | | for Adoption. | 4 | | 7. To share information and connect in the future with the | 5 | | birth parent(s) of your child. The birth parent(s), you, and | 6 | | the adopted person have the right to voluntarily share medical, | 7 | | background, and identifying information, including information | 8 | | on the original birth certificate. This can be done through the | 9 | | Illinois Adoption Registry and Medical Information Exchange or | 10 | | through the birth parent completing a Birth Parent Preference | 11 | | Form. Please visit http://www.dph.illinois.gov and search for | 12 | | adoption or www.newillinoisadoptionlaw.com. | 13 | | 8. To access the Confidential Intermediary program, which | 14 | | provides a way for a court appointed person to connect and/or | 15 | | exchange information between adopted persons, adoptive parents | 16 | | and birth parents, and other biological family members, | 17 | | provided in most cases that mutual consent is given. Please | 18 | | visit www.ci-illinois.org or call (800) 526-9022(x29). | 19 | | As an adoptive parent in the State of Illinois, it is your | 20 | | responsibility: | 21 | | 1. To work cooperatively and honestly with the person or | 22 | | entity handling your investigation and appointed by the court, | 23 | | including disclosing information requested by that person or | 24 | | entity. | 25 | | 2. To pay the agreed-upon fees to the investigating person | 26 | | or entity promptly. |
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| 1 | | 3. To keep the person or entity handling your investigation | 2 | | informed of any new pertinent information about your family. | 3 | | 4. To cooperate with post-placement monitoring and | 4 | | support. | 5 | | 5. To consult with your attorney prior to offering any | 6 | | financial assistance to the birth parent or parents. | 7 | | 6. To obtain training in parenting an adopted child, which | 8 | | may include on-line and in-person training on adoption related | 9 | | topics. | 10 | | (750 ILCS 50/12.3 new) | 11 | | Sec. 12.3. Additional requirements in private adoptions. | 12 | | In cases of adoptions in which an Illinois licensed child | 13 | | welfare agency is not providing adoption services and the child | 14 | | who is the subject of the adoption is not a related child of | 15 | | the prospective adoptive parent and not under the custody or | 16 | | guardianship of the Department of Children and Family Services | 17 | | under the Juvenile Court Act of 1987, the following | 18 | | requirements shall apply in addition to any other applicable | 19 | | requirements set forth in Section 6 or other provisions of this | 20 | | Act: | 21 | | (1) Within 10 days of filing a petition for adoption | 22 | | pursuant to Section 5 of this Act, the prospective adoptive | 23 | | parents and anyone 18 years of age or older who resides in | 24 | | the adoptive home must initiate requests for background | 25 | | checks from the following: the State police and child abuse |
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| 1 | | registry from every state of residence for the 5 years | 2 | | preceding the filing date of the petition, the FBI, the | 3 | | National Sex Offender Registry, and, if Illinois | 4 | | residents, from the Illinois State Police and Child Abuse | 5 | | and Neglect Tracking System. The background checks must be | 6 | | fingerprint-based, if available. The Child Abuse and | 7 | | Neglect Tracking System background check must also be | 8 | | requested for each person 13 to 17 years of age living in | 9 | | the adoptive home. | 10 | | (2) Within 30 days of filing a petition for adoption, | 11 | | the results of the background checks set forth in paragraph | 12 | | (1) of this Section shall be provided to the guardian ad | 13 | | litem of the child appointed by the court or, should there | 14 | | not be a guardian ad litem, to the investigator appointed | 15 | | by the court pursuant to subsection A of Section 6 of this | 16 | | Act. | 17 | | (3) An initial assessment, including a home visit, must | 18 | | be made by the guardian ad litem or the investigator | 19 | | appointed by the court pursuant to subsection A of Section | 20 | | 6 of this Act no later than 30 days of said appointment; | 21 | | (4) As part of the investigation, the guardian ad litem | 22 | | or the investigator appointed by the court pursuant to | 23 | | subsection A of Section 6 of this Act must provide the | 24 | | prospective adoptive parents with the Adoptive Parent | 25 | | Rights and Responsibilities-Private Form set forth in | 26 | | Section 12.2 of this Act. The prospective adoptive parent |
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| 1 | | or parents must sign the form acknowledging receipt of the | 2 | | form, and the original form must be filed with the court at | 3 | | the time of the issuance of the interim order, and a copy | 4 | | must be provided to the prospective parent or parents; | 5 | | (5) The attorney for the prospective adoptive parent or | 6 | | parents or the birth parent or parents shall provide the | 7 | | prospective adoptive parent or parents with the Birth | 8 | | Parent Medical form or forms if completed by the birth | 9 | | parent or parents as set forth in subsection A-2 of Section | 10 | | 10 of this Act, as soon as practicable but no later than | 11 | | the time of entry of the interim order; | 12 | | (6) The guardian ad litem, or the court-appointed | 13 | | investigator appointed pursuant to subsection A of Section | 14 | | 6 of this Act, shall provide a report of investigation to | 15 | | the Court within 6 months after appointment, or earlier if | 16 | | so ordered by the court. | 17 | | (7) The birth parent shall have the right to request to | 18 | | receive counseling before and after signing a Final and | 19 | | Irrevocable Consent to Adoption form, a Final and | 20 | | Irrevocable Consent to Adoption by a Specified Person or | 21 | | Persons: Non-DCFS Case form, or a Consent to Adoption of | 22 | | Unborn Child form. The prospective adoptive parent or | 23 | | parents may agree to pay for the cost of counseling in a | 24 | | manner consistent with Illinois law, but the prospective | 25 | | adoptive parent or parents are not required to do so.
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INDEX
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Statutes amended in order of appearance
| | 3 | | 225 ILCS 10/2.08 | from Ch. 23, par. 2212.08 | | 4 | | 225 ILCS 10/2.17 | from Ch. 23, par. 2212.17 | | 5 | | 225 ILCS 10/2.23 | | | 6 | | 225 ILCS 10/2.25 | | | 7 | | 225 ILCS 10/3.2 new | | | 8 | | 225 ILCS 10/3.3 new | | | 9 | | 225 ILCS 10/7.4 | | | 10 | | 225 ILCS 10/7.6 | | | 11 | | 750 ILCS 50/10 | from Ch. 40, par. 1512 | | 12 | | 750 ILCS 50/12.2 new | | | 13 | | 750 ILCS 50/12.3 new | |
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