(750 ILCS 50/1) (from Ch. 40, par. 1501) (Text of Section from P.A. 102-558) Sec. 1. Definitions. When used in this Act, unless the context otherwise requires: A. "Child" means a person under legal age subject to adoption under this Act. B. "Related child" means a child subject to adoption where either or both of the adopting parents stands in any of the following relationships to the child by blood, marriage, adoption, or civil union: parent, grand-parent, great-grandparent, brother, sister, step-parent, step-grandparent, step-brother, step-sister, uncle, aunt, great-uncle, great-aunt, first cousin, or second cousin. A person is related to the child as a first cousin or second cousin if they are both related to the same ancestor as either grandchild or great-grandchild. A child whose parent has executed a consent to adoption, a surrender, or a waiver pursuant to Section 10 of this Act or whose parent has signed a denial of paternity pursuant to Section 12 of the Vital Records Act or Section 12a of this Act, or whose parent has had his or her parental rights terminated, is not a related child to that person, unless (1) the consent is determined to be void or is void pursuant to subsection O of Section 10 of this Act; or (2) the parent of the child executed a consent to adoption by a specified person or persons pursuant to subsection A-1 of Section 10 of this Act and a court of competent jurisdiction finds that such consent is void; or (3) the order terminating the parental rights of the parent is vacated by a court of competent jurisdiction. C. "Agency" for the purpose of this Act means a public child welfare agency or a licensed child welfare agency. D. "Unfit person" means any person whom the court shall find to be unfit to have a child, without regard to the likelihood that the child will be placed for adoption. The grounds of unfitness are any one or more of the following, except that a person shall not be considered an unfit person for the sole reason that the person has relinquished a child in accordance with the Abandoned Newborn Infant Protection Act: (a) Abandonment of the child. (a-1) Abandonment of a newborn infant in a hospital. (a-2) Abandonment of a newborn infant in any setting |
| where the evidence suggests that the parent intended to relinquish his or her parental rights.
|
|
(b) Failure to maintain a reasonable degree of
|
| interest, concern or responsibility as to the child's welfare.
|
|
(c) Desertion of the child for more than 3 months
|
| next preceding the commencement of the Adoption proceeding.
|
|
(d) Substantial neglect of the child if continuous or
|
|
(d-1) Substantial neglect, if continuous or repeated,
|
| of any child residing in the household which resulted in the death of that child.
|
|
(e) Extreme or repeated cruelty to the child.
(f) There is a rebuttable presumption, which can be
|
| overcome only by clear and convincing evidence, that a parent is unfit if:
|
|
(1) Two or more findings of physical abuse have
|
| been entered regarding any children under Section 2-21 of the Juvenile Court Act of 1987, the most recent of which was determined by the juvenile court hearing the matter to be supported by clear and convincing evidence; or
|
|
(2) The parent has been convicted or found not
|
| guilty by reason of insanity and the conviction or finding resulted from the death of any child by physical abuse; or
|
|
(3) There is a finding of physical child abuse
|
| resulting from the death of any child under Section 2-21 of the Juvenile Court Act of 1987.
|
|
No conviction or finding of delinquency pursuant to
|
| Article V of the Juvenile Court Act of 1987 shall be considered a criminal conviction for the purpose of applying any presumption under this item (f).
|
|
(g) Failure to protect the child from conditions
|
| within his environment injurious to the child's welfare.
|
|
(h) Other neglect of, or misconduct toward the child;
|
| provided that in making a finding of unfitness the court hearing the adoption proceeding shall not be bound by any previous finding, order or judgment affecting or determining the rights of the parents toward the child sought to be adopted in any other proceeding except such proceedings terminating parental rights as shall be had under either this Act, the Juvenile Court Act or the Juvenile Court Act of 1987.
|
|
(i) Depravity. Conviction of any one of the following
|
| crimes shall create a presumption that a parent is depraved which can be overcome only by clear and convincing evidence: (1) first degree murder in violation of paragraph (1) or (2) of subsection (a) of Section 9-1 of the Criminal Code of 1961 or the Criminal Code of 2012 or conviction of second degree murder in violation of subsection (a) of Section 9-2 of the Criminal Code of 1961 or the Criminal Code of 2012 of a parent of the child to be adopted; (2) first degree murder or second degree murder of any child in violation of the Criminal Code of 1961 or the Criminal Code of 2012; (3) attempt or conspiracy to commit first degree murder or second degree murder of any child in violation of the Criminal Code of 1961 or the Criminal Code of 2012; (4) solicitation to commit murder of any child, solicitation to commit murder of any child for hire, or solicitation to commit second degree murder of any child in violation of the Criminal Code of 1961 or the Criminal Code of 2012; (5) predatory criminal sexual assault of a child in violation of Section 11-1.40 or 12-14.1 of the Criminal Code of 1961 or the Criminal Code of 2012; (6) heinous battery of any child in violation of the Criminal Code of 1961; (7) aggravated battery of any child in violation of the Criminal Code of 1961 or the Criminal Code of 2012; (8) any violation of Section 11-1.20 or Section 12-13 of the Criminal Code of 1961 or the Criminal Code of 2012; (9) any violation of subsection (a) of Section 11-1.50 or Section 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012; (10) any violation of Section 11-9.1 of the Criminal Code of 1961 or the Criminal Code of 2012; (11) any violation of Section 11-9.1A of the Criminal Code of 1961 or the Criminal Code of 2012; or (12) an offense in any other state the elements of which are similar and bear a substantial relationship to any of the enumerated offenses in this subsection (i).
|
|
There is a rebuttable presumption that a parent is
|
| depraved if the parent has been criminally convicted of at least 3 felonies under the laws of this State or any other state, or under federal law, or the criminal laws of any United States territory; and at least one of these convictions took place within 5 years of the filing of the petition or motion seeking termination of parental rights.
|
|
There is a rebuttable presumption that a parent is
|
| depraved if that parent has been criminally convicted of either first or second degree murder of any person as defined in the Criminal Code of 1961 or the Criminal Code of 2012 within 10 years of the filing date of the petition or motion to terminate parental rights.
|
|
No conviction or finding of delinquency pursuant to
|
| Article 5 of the Juvenile Court Act of 1987 shall be considered a criminal conviction for the purpose of applying any presumption under this item (i).
|
|
(j) Open and notorious adultery or fornication.
(j-1) (Blank).
(k) Habitual drunkenness or addiction to drugs, other
|
| than those prescribed by a physician, for at least one year immediately prior to the commencement of the unfitness proceeding.
|
|
There is a rebuttable presumption that a parent is
|
| unfit under this subsection with respect to any child to which that parent gives birth where there is a confirmed test result that at birth the child's blood, urine, or meconium contained any amount of a controlled substance as defined in subsection (f) of Section 102 of the Illinois Controlled Substances Act or metabolites of such substances, the presence of which in the newborn infant was not the result of medical treatment administered to the mother or the newborn infant; and the biological mother of this child is the biological mother of at least one other child who was adjudicated a neglected minor under subsection (c) of Section 2-3 of the Juvenile Court Act of 1987.
|
|
(l) Failure to demonstrate a reasonable degree of
|
| interest, concern or responsibility as to the welfare of a new born child during the first 30 days after its birth.
|
|
(m) Failure by a parent (i) to make reasonable
|
| efforts to correct the conditions that were the basis for the removal of the child from the parent during any 9-month period following the adjudication of neglected or abused minor under Section 2-3 of the Juvenile Court Act of 1987 or dependent minor under Section 2-4 of that Act, or (ii) to make reasonable progress toward the return of the child to the parent during any 9-month period following the adjudication of neglected or abused minor under Section 2-3 of the Juvenile Court Act of 1987 or dependent minor under Section 2-4 of that Act. If a service plan has been established as required under Section 8.2 of the Abused and Neglected Child Reporting Act to correct the conditions that were the basis for the removal of the child from the parent and if those services were available, then, for purposes of this Act, "failure to make reasonable progress toward the return of the child to the parent" includes the parent's failure to substantially fulfill his or her obligations under the service plan and correct the conditions that brought the child into care during any 9-month period following the adjudication under Section 2-3 or 2-4 of the Juvenile Court Act of 1987. Notwithstanding any other provision, when a petition or motion seeks to terminate parental rights on the basis of item (ii) of this subsection (m), the petitioner shall file with the court and serve on the parties a pleading that specifies the 9-month period or periods relied on. The pleading shall be filed and served on the parties no later than 3 weeks before the date set by the court for closure of discovery, and the allegations in the pleading shall be treated as incorporated into the petition or motion. Failure of a respondent to file a written denial of the allegations in the pleading shall not be treated as an admission that the allegations are true.
|
|
(m-1) (Blank).
(n) Evidence of intent to forgo his or her parental
|
| rights, whether or not the child is a ward of the court, (1) as manifested by his or her failure for a period of 12 months: (i) to visit the child, (ii) to communicate with the child or agency, although able to do so and not prevented from doing so by an agency or by court order, or (iii) to maintain contact with or plan for the future of the child, although physically able to do so, or (2) as manifested by the father's failure, where he and the mother of the child were unmarried to each other at the time of the child's birth, (i) to commence legal proceedings to establish his paternity under the Illinois Parentage Act of 1984, the Illinois Parentage Act of 2015, or the law of the jurisdiction of the child's birth within 30 days of being informed, pursuant to Section 12a of this Act, that he is the father or the likely father of the child or, after being so informed where the child is not yet born, within 30 days of the child's birth, or (ii) to make a good faith effort to pay a reasonable amount of the expenses related to the birth of the child and to provide a reasonable amount for the financial support of the child, the court to consider in its determination all relevant circumstances, including the financial condition of both parents; provided that the ground for termination provided in this subparagraph (n)(2)(ii) shall only be available where the petition is brought by the mother or the husband of the mother.
|
|
Contact or communication by a parent with his or her
|
| child that does not demonstrate affection and concern does not constitute reasonable contact and planning under subdivision (n). In the absence of evidence to the contrary, the ability to visit, communicate, maintain contact, pay expenses and plan for the future shall be presumed. The subjective intent of the parent, whether expressed or otherwise, unsupported by evidence of the foregoing parental acts manifesting that intent, shall not preclude a determination that the parent has intended to forgo his or her parental rights. In making this determination, the court may consider but shall not require a showing of diligent efforts by an authorized agency to encourage the parent to perform the acts specified in subdivision (n).
|
|
It shall be an affirmative defense to any allegation
|
| under paragraph (2) of this subsection that the father's failure was due to circumstances beyond his control or to impediments created by the mother or any other person having legal custody. Proof of that fact need only be by a preponderance of the evidence.
|
|
(o) Repeated or continuous failure by the parents,
|
| although physically and financially able, to provide the child with adequate food, clothing, or shelter.
|
|
(p) Inability to discharge parental responsibilities
|
| supported by competent evidence from a psychiatrist, licensed clinical social worker, or clinical psychologist of mental impairment, mental illness or an intellectual disability as defined in Section 1-116 of the Mental Health and Developmental Disabilities Code, or developmental disability as defined in Section 1-106 of that Code, and there is sufficient justification to believe that the inability to discharge parental responsibilities shall extend beyond a reasonable time period. However, this subdivision (p) shall not be construed so as to permit a licensed clinical social worker to conduct any medical diagnosis to determine mental illness or mental impairment.
|
|
(q) (Blank).
(r) The child is in the temporary custody or
|
| guardianship of the Department of Children and Family Services, the parent is incarcerated as a result of criminal conviction at the time the petition or motion for termination of parental rights is filed, prior to incarceration the parent had little or no contact with the child or provided little or no support for the child, and the parent's incarceration will prevent the parent from discharging his or her parental responsibilities for the child for a period in excess of 2 years after the filing of the petition or motion for termination of parental rights.
|
|
(s) The child is in the temporary custody or
|
| guardianship of the Department of Children and Family Services, the parent is incarcerated at the time the petition or motion for termination of parental rights is filed, the parent has been repeatedly incarcerated as a result of criminal convictions, and the parent's repeated incarceration has prevented the parent from discharging his or her parental responsibilities for the child.
|
|
(t) A finding that at birth the child's blood, urine,
|
| or meconium contained any amount of a controlled substance as defined in subsection (f) of Section 102 of the Illinois Controlled Substances Act, or a metabolite of a controlled substance, with the exception of controlled substances or metabolites of such substances, the presence of which in the newborn infant was the result of medical treatment administered to the mother or the newborn infant, and that the biological mother of this child is the biological mother of at least one other child who was adjudicated a neglected minor under subsection (c) of Section 2-3 of the Juvenile Court Act of 1987, after which the biological mother had the opportunity to enroll in and participate in a clinically appropriate substance abuse counseling, treatment, and rehabilitation program.
|
|
E. "Parent" means a person who is the legal mother or legal father of the child as defined in subsection X or Y of this Section. For the purpose of this Act, a parent who has executed a consent to adoption, a surrender, or a waiver pursuant to Section 10 of this Act, who has signed a Denial of Paternity pursuant to Section 12 of the Vital Records Act or Section 12a of this Act, or whose parental rights have been terminated by a court, is not a parent of the child who was the subject of the consent, surrender, waiver, or denial unless (1) the consent is void pursuant to subsection O of Section 10 of this Act; or (2) the person executed a consent to adoption by a specified person or persons pursuant to subsection A-1 of Section 10 of this Act and a court of competent jurisdiction finds that the consent is void; or (3) the order terminating the parental rights of the person is vacated by a court of competent jurisdiction.
F. A person is available for adoption when the person is:
(a) a child who has been surrendered for adoption to
|
| an agency and to whose adoption the agency has thereafter consented;
|
|
(b) a child to whose adoption a person authorized by
|
| law, other than his parents, has consented, or to whose adoption no consent is required pursuant to Section 8 of this Act;
|
|
(c) a child who is in the custody of persons who
|
| intend to adopt him through placement made by his parents;
|
|
(c-1) a child for whom a parent has signed a specific
|
| consent pursuant to subsection O of Section 10;
|
|
(d) an adult who meets the conditions set forth in
|
| Section 3 of this Act; or
|
|
(e) a child who has been relinquished as defined in
|
| Section 10 of the Abandoned Newborn Infant Protection Act.
|
|
A person who would otherwise be available for adoption shall not be deemed unavailable for adoption solely by reason of his or her death.
G. The singular includes the plural and the plural includes the singular and the "male" includes the "female", as the context of this Act may require.
H. (Blank).
I. "Habitual residence" has the meaning ascribed to it in the federal Intercountry Adoption Act of 2000 and regulations promulgated thereunder.
J. "Immediate relatives" means the biological parents, the parents of the biological parents and siblings of the biological parents.
K. "Intercountry adoption" is a process by which a child from a country other than the United States is adopted by persons who are habitual residents of the United States, or the child is a habitual resident of the United States who is adopted by persons who are habitual residents of a country other than the United States.
L. (Blank).
M. "Interstate Compact on the Placement of Children" is a law enacted by all states and certain territories for the purpose of establishing uniform procedures for handling the interstate placement of children in foster homes, adoptive homes, or other child care facilities.
N. (Blank).
O. "Preadoption requirements" means any conditions or standards established by the laws or administrative rules of this State that must be met by a prospective adoptive parent prior to the placement of a child in an adoptive home.
P. "Abused child" means a child whose parent or immediate family member, or any person responsible for the child's welfare, or any individual residing in the same home as the child, or a paramour of the child's parent:
(a) inflicts, causes to be inflicted, or allows to be
|
| inflicted upon the child physical injury, by other than accidental means, that causes death, disfigurement, impairment of physical or emotional health, or loss or impairment of any bodily function;
|
|
(b) creates a substantial risk of physical injury to
|
| the child by other than accidental means which would be likely to cause death, disfigurement, impairment of physical or emotional health, or loss or impairment of any bodily function;
|
|
(c) commits or allows to be committed any sex offense
|
| against the child, as sex offenses are defined in the Criminal Code of 2012 and extending those definitions of sex offenses to include children under 18 years of age;
|
|
(d) commits or allows to be committed an act or acts
|
| of torture upon the child; or
|
|
(e) inflicts excessive corporal punishment.
Q. "Neglected child" means any child whose parent or other person responsible for the child's welfare withholds or denies nourishment or medically indicated treatment including food or care denied solely on the basis of the present or anticipated mental or physical impairment as determined by a physician acting alone or in consultation with other physicians or otherwise does not provide the proper or necessary support, education as required by law, or medical or other remedial care recognized under State law as necessary for a child's well-being, or other care necessary for his or her well-being, including adequate food, clothing and shelter; or who is abandoned by his or her parents or other person responsible for the child's welfare.
A child shall not be considered neglected or abused for the sole reason that the child's parent or other person responsible for his or her welfare depends upon spiritual means through prayer alone for the treatment or cure of disease or remedial care as provided under Section 4 of the Abused and Neglected Child Reporting Act. A child shall not be considered neglected or abused for the sole reason that the child's parent or other person responsible for the child's welfare failed to vaccinate, delayed vaccination, or refused vaccination for the child due to a waiver on religious or medical grounds as permitted by law.
R. "Putative father" means a man who may be a child's father, but who (1) is not married to the child's mother on or before the date that the child was or is to be born and (2) has not established paternity of the child in a court proceeding before the filing of a petition for the adoption of the child. The term includes a male who is less than 18 years of age. "Putative father" does not mean a man who is the child's father as a result of criminal sexual abuse or assault as defined under Article 11 of the Criminal Code of 2012.
S. "Standby adoption" means an adoption in which a parent consents to custody and termination of parental rights to become effective upon the occurrence of a future event, which is either the death of the parent or the request of the parent for the entry of a final judgment of adoption.
T. (Blank).
T-5. "Biological parent", "birth parent", or "natural parent" of a child are interchangeable terms that mean a person who is biologically or genetically related to that child as a parent.
U. "Interstate adoption" means the placement of a minor child with a prospective adoptive parent for the purpose of pursuing an adoption for that child that is subject to the provisions of the Interstate Compact on the Placement of Children.
V. (Blank).
W. (Blank).
X. "Legal father" of a child means a man who is recognized as or presumed to be that child's father:
(1) because of his marriage to or civil union with
|
| the child's parent at the time of the child's birth or within 300 days prior to that child's birth, unless he signed a denial of paternity pursuant to Section 12 of the Vital Records Act or a waiver pursuant to Section 10 of this Act; or
|
|
(2) because his paternity of the child has been
|
| established pursuant to the Illinois Parentage Act, the Illinois Parentage Act of 1984, or the Gestational Surrogacy Act; or
|
|
(3) because he is listed as the child's father or
|
| parent on the child's birth certificate, unless he is otherwise determined by an administrative or judicial proceeding not to be the parent of the child or unless he rescinds his acknowledgment of paternity pursuant to the Illinois Parentage Act of 1984; or
|
|
(4) because his paternity or adoption of the child
|
| has been established by a court of competent jurisdiction.
|
|
The definition in this subsection X shall not be construed to provide greater or lesser rights as to the number of parents who can be named on a final judgment order of adoption or Illinois birth certificate that otherwise exist under Illinois law.
Y. "Legal mother" of a child means a woman who is recognized as or presumed to be that child's mother:
(1) because she gave birth to the child except as
|
| provided in the Gestational Surrogacy Act; or
|
|
(2) because her maternity of the child has been
|
| established pursuant to the Illinois Parentage Act of 1984 or the Gestational Surrogacy Act; or
|
|
(3) because her maternity or adoption of the child
|
| has been established by a court of competent jurisdiction; or
|
|
(4) because of her marriage to or civil union with
|
| the child's other parent at the time of the child's birth or within 300 days prior to the time of birth; or
|
|
(5) because she is listed as the child's mother or
|
| parent on the child's birth certificate unless she is otherwise determined by an administrative or judicial proceeding not to be the parent of the child.
|
|
The definition in this subsection Y shall not be construed to provide greater or lesser rights as to the number of parents who can be named on a final judgment order of adoption or Illinois birth certificate that otherwise exist under Illinois law.
Z. "Department" means the Illinois Department of Children and Family Services.
AA. "Placement disruption" means a circumstance where the child is removed from an adoptive placement before the adoption is finalized.
BB. "Secondary placement" means a placement, including but not limited to the placement of a youth in care as defined in Section 4d of the Children and Family Services Act, that occurs after a placement disruption or an adoption dissolution. "Secondary placement" does not mean secondary placements arising due to the death of the adoptive parent of the child.
CC. "Adoption dissolution" means a circumstance where the child is removed from an adoptive placement after the adoption is finalized.
DD. "Unregulated placement" means the secondary placement of a child that occurs without the oversight of the courts, the Department, or a licensed child welfare agency.
EE. "Post-placement and post-adoption support services" means support services for placed or adopted children and families that include, but are not limited to, mental health treatment, including counseling and other support services for emotional, behavioral, or developmental needs, and treatment for substance abuse.
FF. "Youth in care" has the meaning provided in Section 4d of the Children and Family Services Act.
(Source: P.A. 101-155, eff. 1-1-20; 101-529, eff. 1-1-20; 102-139, eff. 1-1-22; 102-558, eff. 8-20-21.)
(Text of Section from P.A. 103-696)
Sec. 1. Definitions. When used in this Act, unless the context otherwise requires:
A. (1) "Child" means a person under legal age subject to adoption under this Act.
(2) "Adult" when referring to a person who is the subject of a petition for adoption under Section 3 of this Act means a person who is 18 years old or older.
B. "Related child" means a child subject to adoption where either or both of the adopting parents stands in any of the following relationships to the child by blood, marriage, adoption, or civil union: parent, grand-parent, great-grandparent, brother, sister, step-parent, step-grandparent, step-brother, step-sister, uncle, aunt, great-uncle, great-aunt, first cousin, or second cousin. A person is related to the child as a first cousin or second cousin if they are both related to the same ancestor as either grandchild or great-grandchild. A child whose parent has executed a consent to adoption, a surrender, or a waiver pursuant to Section 10 of this Act or whose parent has signed a denial of paternity pursuant to Section 12 of the Vital Records Act or Section 12a of this Act, or whose parent has had his or her parental rights terminated, is not a related child to that person, unless (1) the consent is determined to be void or is void pursuant to subsection O of Section 10 of this Act; or (2) the parent of the child executed a consent to adoption by a specified person or persons pursuant to subsection A-1 of Section 10 of this Act and a court of competent jurisdiction finds that such consent is void; or (3) the order terminating the parental rights of the parent is vacated by a court of competent jurisdiction.
C. "Agency" for the purpose of this Act means a public child welfare agency or a licensed child welfare agency.
D. "Unfit person" means any person whom the court shall find to be unfit to have a child, without regard to the likelihood that the child will be placed for adoption. The grounds of unfitness are any one or more of the following, except that a person shall not be considered an unfit person for the sole reason that the person has relinquished a child in accordance with the Abandoned Newborn Infant Protection Act:
(a) Abandonment of the child.
(a-1) Abandonment of a newborn infant in a hospital.
(a-2) Abandonment of a newborn infant in any setting
|
| where the evidence suggests that the parent intended to relinquish his or her parental rights.
|
|
(b) Failure to maintain a reasonable degree of
|
| interest, concern or responsibility as to the child's welfare.
|
|
(c) Desertion of the child for more than 3 months
|
| next preceding the commencement of the Adoption proceeding.
|
|
(d) Substantial neglect of the child if continuous or
|
|
(d-1) Substantial neglect, if continuous or repeated,
|
| of any child residing in the household which resulted in the death of that child.
|
|
(e) Extreme or repeated cruelty to the child.
(f) There is a rebuttable presumption, which can be
|
| overcome only by clear and convincing evidence, that a parent is unfit if:
|
|
(1) Two or more findings of physical abuse have
|
| been entered regarding any children under Section 2-21 of the Juvenile Court Act of 1987, the most recent of which was determined by the juvenile court hearing the matter to be supported by clear and convincing evidence; or
|
|
(2) The parent has been convicted or found not
|
| guilty by reason of insanity and the conviction or finding resulted from the death of any child by physical abuse; or
|
|
(3) There is a finding of physical child abuse
|
| resulting from the death of any child under Section 2-21 of the Juvenile Court Act of 1987.
|
|
No conviction or finding of delinquency pursuant to
|
| Article V of the Juvenile Court Act of 1987 shall be considered a criminal conviction for the purpose of applying any presumption under this item (f).
|
|
(g) Failure to protect the child from conditions
|
| within his environment injurious to the child's welfare.
|
|
(h) Other neglect of, or misconduct toward the child;
|
| provided that in making a finding of unfitness the court hearing the adoption proceeding shall not be bound by any previous finding, order or judgment affecting or determining the rights of the parents toward the child sought to be adopted in any other proceeding except such proceedings terminating parental rights as shall be had under either this Act, the Juvenile Court Act or the Juvenile Court Act of 1987.
|
|
(i) Depravity. Conviction of any one of the following
|
| crimes shall create a presumption that a parent is depraved which can be overcome only by clear and convincing evidence: (1) first degree murder in violation of paragraph (1) or (2) of subsection (a) of Section 9-1 of the Criminal Code of 1961 or the Criminal Code of 2012 or conviction of second degree murder in violation of subsection (a) of Section 9-2 of the Criminal Code of 1961 or the Criminal Code of 2012 of a parent of the child to be adopted; (2) first degree murder or second degree murder of any child in violation of the Criminal Code of 1961 or the Criminal Code of 2012; (3) attempt or conspiracy to commit first degree murder or second degree murder of any child in violation of the Criminal Code of 1961 or the Criminal Code of 2012; (4) solicitation to commit murder of any child, solicitation to commit murder of any child for hire, or solicitation to commit second degree murder of any child in violation of the Criminal Code of 1961 or the Criminal Code of 2012; (5) predatory criminal sexual assault of a child in violation of Section 11-1.40 or 12-14.1 of the Criminal Code of 1961 or the Criminal Code of 2012; (6) heinous battery of any child in violation of the Criminal Code of 1961; (7) aggravated battery of any child in violation of the Criminal Code of 1961 or the Criminal Code of 2012; (8) any violation of Section 11-1.20 or Section 12-13 of the Criminal Code of 1961 or the Criminal Code of 2012; (9) any violation of subsection (a) of Section 11-1.50 or Section 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012; (10) any violation of Section 11-9.1 of the Criminal Code of 1961 or the Criminal Code of 2012; (11) any violation of Section 11-9.1A of the Criminal Code of 1961 or the Criminal Code of 2012; or (12) an offense in any other state the elements of which are similar and bear a substantial relationship to any of the enumerated offenses in this subsection (i).
|
|
There is a rebuttable presumption that a parent is
|
| depraved if the parent has been criminally convicted of at least 3 felonies under the laws of this State or any other state, or under federal law, or the criminal laws of any United States territory; and at least one of these convictions took place within 5 years of the filing of the petition or motion seeking termination of parental rights.
|
|
There is a rebuttable presumption that a parent is
|
| depraved if that parent has been criminally convicted of either first or second degree murder of any person as defined in the Criminal Code of 1961 or the Criminal Code of 2012 within 10 years of the filing date of the petition or motion to terminate parental rights.
|
|
No conviction or finding of delinquency pursuant to
|
| Article 5 of the Juvenile Court Act of 1987 shall be considered a criminal conviction for the purpose of applying any presumption under this item (i).
|
|
(j) Open and notorious adultery or fornication.
(j-1) (Blank).
(k) Habitual drunkenness or addiction to drugs, other
|
| than those prescribed by a physician, for at least one year immediately prior to the commencement of the unfitness proceeding.
|
|
There is a rebuttable presumption that a parent is
|
| unfit under this subsection with respect to any child to which that parent gives birth where there is a confirmed test result that at birth the child's blood, urine, or meconium contained any amount of a controlled substance as defined in subsection (f) of Section 102 of the Illinois Controlled Substances Act or metabolites of such substances, the presence of which in the newborn infant was not the result of medical treatment administered to the mother or the newborn infant; and the biological mother of this child is the biological mother of at least one other child who was adjudicated a neglected minor under subsection (c) of Section 2-3 of the Juvenile Court Act of 1987.
|
|
(l) Failure to demonstrate a reasonable degree of
|
| interest, concern or responsibility as to the welfare of a new born child during the first 30 days after its birth.
|
|
(m) Failure by a parent (i) to make reasonable
|
| efforts to correct the conditions that were the basis for the removal of the child from the parent during any 9-month period following the adjudication of neglected or abused minor under Section 2-3 of the Juvenile Court Act of 1987 or dependent minor under Section 2-4 of that Act, or (ii) to make reasonable progress toward the return of the child to the parent during any 9-month period following the adjudication of neglected or abused minor under Section 2-3 of the Juvenile Court Act of 1987 or dependent minor under Section 2-4 of that Act. If a service plan has been established as required under Section 8.2 of the Abused and Neglected Child Reporting Act to correct the conditions that were the basis for the removal of the child from the parent and if those services were available, then, for purposes of this Act, "failure to make reasonable progress toward the return of the child to the parent" includes the parent's failure to substantially fulfill his or her obligations under the service plan and correct the conditions that brought the child into care during any 9-month period following the adjudication under Section 2-3 or 2-4 of the Juvenile Court Act of 1987. Notwithstanding any other provision, when a petition or motion seeks to terminate parental rights on the basis of item (ii) of this subsection (m), the petitioner shall file with the court and serve on the parties a pleading that specifies the 9-month period or periods relied on. The pleading shall be filed and served on the parties no later than 3 weeks before the date set by the court for closure of discovery, and the allegations in the pleading shall be treated as incorporated into the petition or motion. Failure of a respondent to file a written denial of the allegations in the pleading shall not be treated as an admission that the allegations are true.
|
|
(m-1) (Blank).
(n) Evidence of intent to forgo his or her parental
|
| rights, whether or not the child is a ward of the court, (1) as manifested by his or her failure for a period of 12 months: (i) to visit the child, (ii) to communicate with the child or agency, although able to do so and not prevented from doing so by an agency or by court order, or (iii) to maintain contact with or plan for the future of the child, although physically able to do so, or (2) as manifested by the father's failure, where he and the mother of the child were unmarried to each other at the time of the child's birth, (i) to commence legal proceedings to establish his paternity under the Illinois Parentage Act of 1984, the Illinois Parentage Act of 2015, or the law of the jurisdiction of the child's birth within 30 days of being informed, pursuant to Section 12a of this Act, that he is the father or the likely father of the child or, after being so informed where the child is not yet born, within 30 days of the child's birth, or (ii) to make a good faith effort to pay a reasonable amount of the expenses related to the birth of the child and to provide a reasonable amount for the financial support of the child, the court to consider in its determination all relevant circumstances, including the financial condition of both parents; provided that the ground for termination provided in this subparagraph (n)(2)(ii) shall only be available where the petition is brought by the mother or the husband of the mother.
|
|
Contact or communication by a parent with his or her
|
| child that does not demonstrate affection and concern does not constitute reasonable contact and planning under subdivision (n). In the absence of evidence to the contrary, the ability to visit, communicate, maintain contact, pay expenses and plan for the future shall be presumed. The subjective intent of the parent, whether expressed or otherwise, unsupported by evidence of the foregoing parental acts manifesting that intent, shall not preclude a determination that the parent has intended to forgo his or her parental rights. In making this determination, the court may consider but shall not require a showing of diligent efforts by an authorized agency to encourage the parent to perform the acts specified in subdivision (n).
|
|
It shall be an affirmative defense to any allegation
|
| under paragraph (2) of this subsection that the father's failure was due to circumstances beyond his control or to impediments created by the mother or any other person having legal custody. Proof of that fact need only be by a preponderance of the evidence.
|
|
(o) Repeated or continuous failure by the parents,
|
| although physically and financially able, to provide the child with adequate food, clothing, or shelter.
|
|
(p) Inability to discharge parental responsibilities
|
| supported by competent evidence from a psychiatrist, licensed clinical social worker, or clinical psychologist of mental impairment, mental illness or an intellectual disability as defined in Section 1-116 of the Mental Health and Developmental Disabilities Code, or developmental disability as defined in Section 1-106 of that Code, and there is sufficient justification to believe that the inability to discharge parental responsibilities shall extend beyond a reasonable time period. However, this subdivision (p) shall not be construed so as to permit a licensed clinical social worker to conduct any medical diagnosis to determine mental illness or mental impairment.
|
|
(q) (Blank).
(r) The child is in the temporary custody or
|
| guardianship of the Department of Children and Family Services, the parent is incarcerated as a result of criminal conviction at the time the petition or motion for termination of parental rights is filed, prior to incarceration the parent had little or no contact with the child or provided little or no support for the child, and the parent's incarceration will prevent the parent from discharging his or her parental responsibilities for the child for a period in excess of 2 years after the filing of the petition or motion for termination of parental rights.
|
|
(s) The child is in the temporary custody or
|
| guardianship of the Department of Children and Family Services, the parent is incarcerated at the time the petition or motion for termination of parental rights is filed, the parent has been repeatedly incarcerated as a result of criminal convictions, and the parent's repeated incarceration has prevented the parent from discharging his or her parental responsibilities for the child.
|
|
(t) A finding that at birth the child's blood, urine,
|
| or meconium contained any amount of a controlled substance as defined in subsection (f) of Section 102 of the Illinois Controlled Substances Act, or a metabolite of a controlled substance, with the exception of controlled substances or metabolites of such substances, the presence of which in the newborn infant was the result of medical treatment administered to the mother or the newborn infant, and that the biological mother of this child is the biological mother of at least one other child who was adjudicated a neglected minor under subsection (c) of Section 2-3 of the Juvenile Court Act of 1987, after which the biological mother had the opportunity to enroll in and participate in a clinically appropriate substance abuse counseling, treatment, and rehabilitation program.
|
|
E. "Parent" means a person who is the legal mother or legal father of the child as defined in subsection X or Y of this Section. For the purpose of this Act, a parent who has executed a consent to adoption, a surrender, or a waiver pursuant to Section 10 of this Act, who has signed a Denial of Paternity pursuant to Section 12 of the Vital Records Act or Section 12a of this Act, or whose parental rights have been terminated by a court, is not a parent of the child who was the subject of the consent, surrender, waiver, or denial unless (1) the consent is void pursuant to subsection O of Section 10 of this Act; or (2) the person executed a consent to adoption by a specified person or persons pursuant to subsection A-1 of Section 10 of this Act and a court of competent jurisdiction finds that the consent is void; or (3) the order terminating the parental rights of the person is vacated by a court of competent jurisdiction.
F. A person is available for adoption when the person is:
(a) a child who has been surrendered for adoption to
|
| an agency and to whose adoption the agency has thereafter consented;
|
|
(b) a child to whose adoption a person authorized by
|
| law, other than his parents, has consented, or to whose adoption no consent is required pursuant to Section 8 of this Act;
|
|
(c) a child who is in the custody of persons who
|
| intend to adopt him through placement made by his parents;
|
|
(c-1) a child for whom a parent has signed a specific
|
| consent pursuant to subsection O of Section 10;
|
|
(d) an adult who meets the conditions set forth in
|
| Section 3 of this Act; or
|
|
(e) a child who has been relinquished as defined in
|
| Section 10 of the Abandoned Newborn Infant Protection Act.
|
|
A person who would otherwise be available for adoption shall not be deemed unavailable for adoption solely by reason of his or her death.
G. The singular includes the plural and the plural includes the singular and the "male" includes the "female", as the context of this Act may require.
H. (Blank).
I. "Habitual residence" has the meaning ascribed to it in the federal Intercountry Adoption Act of 2000 and regulations promulgated thereunder.
J. "Immediate relatives" means the biological parents, the parents of the biological parents and siblings of the biological parents.
K. "Intercountry adoption" is a process by which a child from a country other than the United States is adopted by persons who are habitual residents of the United States, or the child is a habitual resident of the United States who is adopted by persons who are habitual residents of a country other than the United States.
L. (Blank).
M. "Interstate Compact on the Placement of Children" is a law enacted by all states and certain territories for the purpose of establishing uniform procedures for handling the interstate placement of children in foster homes, adoptive homes, or other child care facilities.
N. (Blank).
O. "Preadoption requirements" means any conditions or standards established by the laws or administrative rules of this State that must be met by a prospective adoptive parent prior to the placement of a child in an adoptive home.
P. "Abused child" means a child whose parent or immediate family member, or any person responsible for the child's welfare, or any individual residing in the same home as the child, or a paramour of the child's parent:
(a) inflicts, causes to be inflicted, or allows to be
|
| inflicted upon the child physical injury, by other than accidental means, that causes death, disfigurement, impairment of physical or emotional health, or loss or impairment of any bodily function;
|
|
(b) creates a substantial risk of physical injury to
|
| the child by other than accidental means which would be likely to cause death, disfigurement, impairment of physical or emotional health, or loss or impairment of any bodily function;
|
|
(c) commits or allows to be committed any sex offense
|
| against the child, as sex offenses are defined in the Criminal Code of 2012 and extending those definitions of sex offenses to include children under 18 years of age;
|
|
(d) commits or allows to be committed an act or acts
|
| of torture upon the child; or
|
|
(e) inflicts excessive corporal punishment.
Q. "Neglected child" means any child whose parent or other person responsible for the child's welfare withholds or denies nourishment or medically indicated treatment including food or care denied solely on the basis of the present or anticipated mental or physical impairment as determined by a physician acting alone or in consultation with other physicians or otherwise does not provide the proper or necessary support, education as required by law, or medical or other remedial care recognized under State law as necessary for a child's well-being, or other care necessary for his or her well-being, including adequate food, clothing and shelter; or who is abandoned by his or her parents or other person responsible for the child's welfare.
A child shall not be considered neglected or abused for the sole reason that the child's parent or other person responsible for his or her welfare depends upon spiritual means through prayer alone for the treatment or cure of disease or remedial care as provided under Section 4 of the Abused and Neglected Child Reporting Act. A child shall not be considered neglected or abused for the sole reason that the child's parent or other person responsible for the child's welfare failed to vaccinate, delayed vaccination, or refused vaccination for the child due to a waiver on religious or medical grounds as permitted by law.
R. "Putative father" means a man who may be a child's father, but who (1) is not married to the child's mother on or before the date that the child was or is to be born and (2) has not established paternity of the child in a court proceeding before the filing of a petition for the adoption of the child. The term includes a male who is less than 18 years of age. "Putative father" does not mean a man who is the child's father as a result of criminal sexual abuse or assault as defined under Article 11 of the Criminal Code of 2012.
S. "Standby adoption" means an adoption in which a parent consents to custody and termination of parental rights to become effective upon the occurrence of a future event, which is either the death of the parent or the request of the parent for the entry of a final judgment of adoption.
T. (Blank).
T-5. "Biological parent", "birth parent", or "natural parent" of a child are interchangeable terms that mean a person who is biologically or genetically related to that child as a parent.
U. "Interstate adoption" means the placement of a minor child with a prospective adoptive parent for the purpose of pursuing an adoption for that child that is subject to the provisions of the Interstate Compact on the Placement of Children.
V. (Blank).
W. (Blank).
X. "Legal father" of a child means a man who is recognized as or presumed to be that child's father:
(1) because of his marriage to or civil union with
|
| the child's parent at the time of the child's birth or within 300 days prior to that child's birth, unless he signed a denial of paternity pursuant to Section 12 of the Vital Records Act or a waiver pursuant to Section 10 of this Act; or
|
|
(2) because his paternity of the child has been
|
| established pursuant to the Illinois Parentage Act, the Illinois Parentage Act of 1984, or the Gestational Surrogacy Act; or
|
|
(3) because he is listed as the child's father or
|
| parent on the child's birth certificate, unless he is otherwise determined by an administrative or judicial proceeding not to be the parent of the child or unless he rescinds his acknowledgment of paternity pursuant to the Illinois Parentage Act of 1984; or
|
|
(4) because his paternity or adoption of the child
|
| has been established by a court of competent jurisdiction.
|
|
The definition in this subsection X shall not be construed to provide greater or lesser rights as to the number of parents who can be named on a final judgment order of adoption or Illinois birth certificate that otherwise exist under Illinois law.
Y. "Legal mother" of a child means a woman who is recognized as or presumed to be that child's mother:
(1) because she gave birth to the child except as
|
| provided in the Gestational Surrogacy Act; or
|
|
(2) because her maternity of the child has been
|
| established pursuant to the Illinois Parentage Act of 1984 or the Gestational Surrogacy Act; or
|
|
(3) because her maternity or adoption of the child
|
| has been established by a court of competent jurisdiction; or
|
|
(4) because of her marriage to or civil union with
|
| the child's other parent at the time of the child's birth or within 300 days prior to the time of birth; or
|
|
(5) because she is listed as the child's mother or
|
| parent on the child's birth certificate unless she is otherwise determined by an administrative or judicial proceeding not to be the parent of the child.
|
|
The definition in this subsection Y shall not be construed to provide greater or lesser rights as to the number of parents who can be named on a final judgment order of adoption or Illinois birth certificate that otherwise exist under Illinois law.
Z. "Department" means the Illinois Department of Children and Family Services.
AA. "Placement disruption" means a circumstance where the child is removed from an adoptive placement before the adoption is finalized.
BB. "Secondary placement" means a placement, including but not limited to the placement of a youth in care as defined in Section 4d of the Children and Family Services Act, that occurs after a placement disruption or an adoption dissolution. "Secondary placement" does not mean secondary placements arising due to the death of the adoptive parent of the child.
CC. "Adoption dissolution" means a circumstance where the child is removed from an adoptive placement after the adoption is finalized.
DD. "Unregulated placement" means the secondary placement of a child that occurs without the oversight of the courts, the Department, or a licensed child welfare agency.
EE. "Post-placement and post-adoption support services" means support services for placed or adopted children and families that include, but are not limited to, mental health treatment, including counseling and other support services for emotional, behavioral, or developmental needs, and treatment for substance abuse.
FF. "Youth in care" has the meaning provided in Section 4d of the Children and Family Services Act.
(Source: P.A. 102-139, eff. 1-1-22; 102-558, eff. 8-20-21; 103-696, eff. 1-1-25.)
(Text of Section from P.A. 103-941)
Sec. 1. Definitions. When used in this Act, unless the context otherwise requires:
A. "Child" means a person under legal age subject to adoption under this Act.
B. "Related child" means a child subject to adoption where either or both of the adopting parents stands in any of the following relationships to the child by blood, marriage, adoption, or civil union: parent, grand-parent, great-grandparent, brother, sister, step-parent, step-grandparent, step-brother, step-sister, uncle, aunt, great-uncle, great-aunt, first cousin, or second cousin. A person is related to the child as a first cousin or second cousin if they are both related to the same ancestor as either grandchild or great-grandchild. A child whose parent has executed a consent to adoption, a surrender, or a waiver pursuant to Section 10 of this Act or whose parent has signed a denial of paternity pursuant to Section 12 of the Vital Records Act or Section 12a of this Act, or whose parent has had his or her parental rights terminated, is not a related child to that person, unless (1) the consent is determined to be void or is void pursuant to subsection O of Section 10 of this Act; or (2) the parent of the child executed a consent to adoption by a specified person or persons pursuant to subsection A-1 of Section 10 of this Act and a court of competent jurisdiction finds that such consent is void; or (3) the order terminating the parental rights of the parent is vacated by a court of competent jurisdiction.
C. "Agency" for the purpose of this Act means a public child welfare agency or a licensed child welfare agency.
D. "Unfit person" means any person whom the court shall find to be unfit to have a child, without regard to the likelihood that the child will be placed for adoption. The grounds of unfitness are any one or more of the following, except that a person shall not be considered an unfit person for the sole reason that the person has relinquished a child in accordance with the Abandoned Newborn Infant Protection Act:
(a) Abandonment of the child.
(a-1) Abandonment of a newborn infant in a hospital.
(a-2) Abandonment of a newborn infant in any setting
|
| where the evidence suggests that the parent intended to relinquish his or her parental rights.
|
|
(b) Failure to maintain a reasonable degree of
|
| interest, concern or responsibility as to the child's welfare.
|
|
(c) Desertion of the child for more than 3 months
|
| next preceding the commencement of the Adoption proceeding.
|
|
(d) Substantial neglect of the child if continuous or
|
|
(d-1) Substantial neglect, if continuous or repeated,
|
| of any child residing in the household which resulted in the death of that child.
|
|
(e) Extreme or repeated cruelty to the child.
(f) There is a rebuttable presumption, which can be
|
| overcome only by clear and convincing evidence, that a parent is unfit if:
|
|
(1) Two or more findings of physical abuse have
|
| been entered regarding any children under Section 2-21 of the Juvenile Court Act of 1987, the most recent of which was determined by the juvenile court hearing the matter to be supported by clear and convincing evidence; or
|
|
(2) The parent has been convicted or found not
|
| guilty by reason of insanity and the conviction or finding resulted from the death of any child by physical abuse; or
|
|
(3) There is a finding of physical child abuse
|
| resulting from the death of any child under Section 2-21 of the Juvenile Court Act of 1987.
|
|
No conviction or finding of delinquency pursuant to
|
| Article V of the Juvenile Court Act of 1987 shall be considered a criminal conviction for the purpose of applying any presumption under this item (f).
|
|
(g) Failure to protect the child from conditions
|
| within his environment injurious to the child's welfare.
|
|
(h) Other neglect of, or misconduct toward the child;
|
| provided that in making a finding of unfitness the court hearing the adoption proceeding shall not be bound by any previous finding, order or judgment affecting or determining the rights of the parents toward the child sought to be adopted in any other proceeding except such proceedings terminating parental rights as shall be had under either this Act, the Juvenile Court Act or the Juvenile Court Act of 1987.
|
|
(i) Depravity. Conviction of any one of the following
|
| crimes shall create a presumption that a parent is depraved which can be overcome only by clear and convincing evidence: (1) first degree murder in violation of paragraph (1) or (2) of subsection (a) of Section 9-1 of the Criminal Code of 1961 or the Criminal Code of 2012 or conviction of second degree murder in violation of subsection (a) of Section 9-2 of the Criminal Code of 1961 or the Criminal Code of 2012 of a parent of the child to be adopted; (2) first degree murder or second degree murder of any child in violation of the Criminal Code of 1961 or the Criminal Code of 2012; (3) attempt or conspiracy to commit first degree murder or second degree murder of any child in violation of the Criminal Code of 1961 or the Criminal Code of 2012; (4) solicitation to commit murder of any child, solicitation to commit murder of any child for hire, or solicitation to commit second degree murder of any child in violation of the Criminal Code of 1961 or the Criminal Code of 2012; (5) predatory criminal sexual assault of a child in violation of Section 11-1.40 or 12-14.1 of the Criminal Code of 1961 or the Criminal Code of 2012; (6) heinous battery of any child in violation of the Criminal Code of 1961; (7) aggravated battery of any child in violation of the Criminal Code of 1961 or the Criminal Code of 2012; (8) any violation of Section 11-1.20 or Section 12-13 of the Criminal Code of 1961 or the Criminal Code of 2012; (9) any violation of subsection (a) of Section 11-1.50 or Section 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012; (10) any violation of Section 11-9.1 of the Criminal Code of 1961 or the Criminal Code of 2012; (11) any violation of Section 11-9.1A of the Criminal Code of 1961 or the Criminal Code of 2012; or (12) an offense in any other state the elements of which are similar and bear a substantial relationship to any of the enumerated offenses in this subsection (i).
|
|
There is a rebuttable presumption that a parent is
|
| depraved if the parent has been criminally convicted of at least 3 felonies under the laws of this State or any other state, or under federal law, or the criminal laws of any United States territory; and at least one of these convictions took place within 5 years of the filing of the petition or motion seeking termination of parental rights.
|
|
There is a rebuttable presumption that a parent is
|
| depraved if that parent has been criminally convicted of either first or second degree murder of any person as defined in the Criminal Code of 1961 or the Criminal Code of 2012 within 10 years of the filing date of the petition or motion to terminate parental rights.
|
|
No conviction or finding of delinquency pursuant to
|
| Article 5 of the Juvenile Court Act of 1987 shall be considered a criminal conviction for the purpose of applying any presumption under this item (i).
|
|
(j) Open and notorious adultery or fornication.
(j-1) (Blank).
(k) Habitual drunkenness or addiction to drugs, other
|
| than those prescribed by a physician, for at least one year immediately prior to the commencement of the unfitness proceeding.
|
|
(l) Failure to demonstrate a reasonable degree of
|
| interest, concern or responsibility as to the welfare of a new born child during the first 30 days after its birth.
|
|
(m) Failure by a parent (i) to make reasonable
|
| efforts to correct the conditions that were the basis for the removal of the child from the parent during any 9-month period following the adjudication of neglected or abused minor under Section 2-3 of the Juvenile Court Act of 1987 or dependent minor under Section 2-4 of that Act, or (ii) to make reasonable progress toward the return of the child to the parent during any 9-month period following the adjudication of neglected or abused minor under Section 2-3 of the Juvenile Court Act of 1987 or dependent minor under Section 2-4 of that Act. If a service plan has been established as required under Section 8.2 of the Abused and Neglected Child Reporting Act to correct the conditions that were the basis for the removal of the child from the parent and if those services were available, then, for purposes of this Act, "failure to make reasonable progress toward the return of the child to the parent" includes the parent's failure to substantially fulfill his or her obligations under the service plan and correct the conditions that brought the child into care during any 9-month period following the adjudication under Section 2-3 or 2-4 of the Juvenile Court Act of 1987. Notwithstanding any other provision, when a petition or motion seeks to terminate parental rights on the basis of item (ii) of this subsection (m), the petitioner shall file with the court and serve on the parties a pleading that specifies the 9-month period or periods relied on. The pleading shall be filed and served on the parties no later than 3 weeks before the date set by the court for closure of discovery, and the allegations in the pleading shall be treated as incorporated into the petition or motion. Failure of a respondent to file a written denial of the allegations in the pleading shall not be treated as an admission that the allegations are true.
|
|
(m-1) (Blank).
(n) Evidence of intent to forgo his or her parental
|
| rights, whether or not the child is a ward of the court, (1) as manifested by his or her failure for a period of 12 months: (i) to visit the child, (ii) to communicate with the child or agency, although able to do so and not prevented from doing so by an agency or by court order, or (iii) to maintain contact with or plan for the future of the child, although physically able to do so, or (2) as manifested by the father's failure, where he and the mother of the child were unmarried to each other at the time of the child's birth, (i) to commence legal proceedings to establish his paternity under the Illinois Parentage Act of 1984, the Illinois Parentage Act of 2015, or the law of the jurisdiction of the child's birth within 30 days of being informed, pursuant to Section 12a of this Act, that he is the father or the likely father of the child or, after being so informed where the child is not yet born, within 30 days of the child's birth, or (ii) to make a good faith effort to pay a reasonable amount of the expenses related to the birth of the child and to provide a reasonable amount for the financial support of the child, the court to consider in its determination all relevant circumstances, including the financial condition of both parents; provided that the ground for termination provided in this subparagraph (n)(2)(ii) shall only be available where the petition is brought by the mother or the husband of the mother.
|
|
Contact or communication by a parent with his or her
|
| child that does not demonstrate affection and concern does not constitute reasonable contact and planning under subdivision (n). In the absence of evidence to the contrary, the ability to visit, communicate, maintain contact, pay expenses and plan for the future shall be presumed. The subjective intent of the parent, whether expressed or otherwise, unsupported by evidence of the foregoing parental acts manifesting that intent, shall not preclude a determination that the parent has intended to forgo his or her parental rights. In making this determination, the court may consider but shall not require a showing of diligent efforts by an authorized agency to encourage the parent to perform the acts specified in subdivision (n).
|
|
It shall be an affirmative defense to any allegation
|
| under paragraph (2) of this subsection that the father's failure was due to circumstances beyond his control or to impediments created by the mother or any other person having legal custody. Proof of that fact need only be by a preponderance of the evidence.
|
|
(o) Repeated or continuous failure by the parents,
|
| although physically and financially able, to provide the child with adequate food, clothing, or shelter.
|
|
(p) Inability to discharge parental responsibilities
|
| supported by competent evidence from a psychiatrist, licensed clinical social worker, or clinical psychologist of mental impairment, mental illness or an intellectual disability as defined in Section 1-116 of the Mental Health and Developmental Disabilities Code, or developmental disability as defined in Section 1-106 of that Code, and there is sufficient justification to believe that the inability to discharge parental responsibilities shall extend beyond a reasonable time period. However, this subdivision (p) shall not be construed so as to permit a licensed clinical social worker to conduct any medical diagnosis to determine mental illness or mental impairment.
|
|
(q) (Blank).
(r) The child is in the temporary custody or
|
| guardianship of the Department of Children and Family Services, the parent is incarcerated as a result of criminal conviction at the time the petition or motion for termination of parental rights is filed, prior to incarceration the parent had little or no contact with the child or provided little or no support for the child, and the parent's incarceration will prevent the parent from discharging his or her parental responsibilities for the child for a period in excess of 2 years after the filing of the petition or motion for termination of parental rights.
|
|
(s) The child is in the temporary custody or
|
| guardianship of the Department of Children and Family Services, the parent is incarcerated at the time the petition or motion for termination of parental rights is filed, the parent has been repeatedly incarcerated as a result of criminal convictions, and the parent's repeated incarceration has prevented the parent from discharging his or her parental responsibilities for the child.
|
|
(t) (Blank).
E. "Parent" means a person who is the legal mother or legal father of the child as defined in subsection X or Y of this Section. For the purpose of this Act, a parent who has executed a consent to adoption, a surrender, or a waiver pursuant to Section 10 of this Act, who has signed a Denial of Paternity pursuant to Section 12 of the Vital Records Act or Section 12a of this Act, or whose parental rights have been terminated by a court, is not a parent of the child who was the subject of the consent, surrender, waiver, or denial unless (1) the consent is void pursuant to subsection O of Section 10 of this Act; or (2) the person executed a consent to adoption by a specified person or persons pursuant to subsection A-1 of Section 10 of this Act and a court of competent jurisdiction finds that the consent is void; or (3) the order terminating the parental rights of the person is vacated by a court of competent jurisdiction.
F. A person is available for adoption when the person is:
(a) a child who has been surrendered for adoption to
|
| an agency and to whose adoption the agency has thereafter consented;
|
|
(b) a child to whose adoption a person authorized by
|
| law, other than his parents, has consented, or to whose adoption no consent is required pursuant to Section 8 of this Act;
|
|
(c) a child who is in the custody of persons who
|
| intend to adopt him through placement made by his parents;
|
|
(c-1) a child for whom a parent has signed a specific
|
| consent pursuant to subsection O of Section 10;
|
|
(d) an adult who meets the conditions set forth in
|
| Section 3 of this Act; or
|
|
(e) a child who has been relinquished as defined in
|
| Section 10 of the Abandoned Newborn Infant Protection Act.
|
|
A person who would otherwise be available for adoption shall not be deemed unavailable for adoption solely by reason of his or her death.
G. The singular includes the plural and the plural includes the singular and the "male" includes the "female", as the context of this Act may require.
H. (Blank).
I. "Habitual residence" has the meaning ascribed to it in the federal Intercountry Adoption Act of 2000 and regulations promulgated thereunder.
J. "Immediate relatives" means the biological parents, the parents of the biological parents and siblings of the biological parents.
K. "Intercountry adoption" is a process by which a child from a country other than the United States is adopted by persons who are habitual residents of the United States, or the child is a habitual resident of the United States who is adopted by persons who are habitual residents of a country other than the United States.
L. (Blank).
M. "Interstate Compact on the Placement of Children" is a law enacted by all states and certain territories for the purpose of establishing uniform procedures for handling the interstate placement of children in foster homes, adoptive homes, or other child care facilities.
N. (Blank).
O. "Preadoption requirements" means any conditions or standards established by the laws or administrative rules of this State that must be met by a prospective adoptive parent prior to the placement of a child in an adoptive home.
P. "Abused child" means a child whose parent or immediate family member, or any person responsible for the child's welfare, or any individual residing in the same home as the child, or a paramour of the child's parent:
(a) inflicts, causes to be inflicted, or allows to be
|
| inflicted upon the child physical injury, by other than accidental means, that causes death, disfigurement, impairment of physical or emotional health, or loss or impairment of any bodily function;
|
|
(b) creates a substantial risk of physical injury to
|
| the child by other than accidental means which would be likely to cause death, disfigurement, impairment of physical or emotional health, or loss or impairment of any bodily function;
|
|
(c) commits or allows to be committed any sex offense
|
| against the child, as sex offenses are defined in the Criminal Code of 2012 and extending those definitions of sex offenses to include children under 18 years of age;
|
|
(d) commits or allows to be committed an act or acts
|
| of torture upon the child; or
|
|
(e) inflicts excessive corporal punishment.
Q. "Neglected child" means any child whose parent or other person responsible for the child's welfare withholds or denies nourishment or medically indicated treatment including food or care denied solely on the basis of the present or anticipated mental or physical impairment as determined by a physician acting alone or in consultation with other physicians or otherwise does not provide the proper or necessary support, education as required by law, or medical or other remedial care recognized under State law as necessary for a child's well-being, or other care necessary for his or her well-being, including adequate food, clothing and shelter; or who is abandoned by his or her parents or other person responsible for the child's welfare.
A child shall not be considered neglected or abused for the sole reason that the child's parent or other person responsible for his or her welfare depends upon spiritual means through prayer alone for the treatment or cure of disease or remedial care as provided under Section 4 of the Abused and Neglected Child Reporting Act. A child shall not be considered neglected or abused for the sole reason that the child's parent or other person responsible for the child's welfare failed to vaccinate, delayed vaccination, or refused vaccination for the child due to a waiver on religious or medical grounds as permitted by law.
R. "Putative father" means a man who may be a child's father, but who (1) is not married to the child's mother on or before the date that the child was or is to be born and (2) has not established paternity of the child in a court proceeding before the filing of a petition for the adoption of the child. The term includes a male who is less than 18 years of age. "Putative father" does not mean a man who is the child's father as a result of criminal sexual abuse or assault as defined under Article 11 of the Criminal Code of 2012.
S. "Standby adoption" means an adoption in which a parent consents to custody and termination of parental rights to become effective upon the occurrence of a future event, which is either the death of the parent or the request of the parent for the entry of a final judgment of adoption.
T. (Blank).
T-5. "Biological parent", "birth parent", or "natural parent" of a child are interchangeable terms that mean a person who is biologically or genetically related to that child as a parent.
U. "Interstate adoption" means the placement of a minor child with a prospective adoptive parent for the purpose of pursuing an adoption for that child that is subject to the provisions of the Interstate Compact on the Placement of Children.
V. (Blank).
W. (Blank).
X. "Legal father" of a child means a man who is recognized as or presumed to be that child's father:
(1) because of his marriage to or civil union with
|
| the child's parent at the time of the child's birth or within 300 days prior to that child's birth, unless he signed a denial of paternity pursuant to Section 12 of the Vital Records Act or a waiver pursuant to Section 10 of this Act; or
|
|
(2) because his paternity of the child has been
|
| established pursuant to the Illinois Parentage Act, the Illinois Parentage Act of 1984, or the Gestational Surrogacy Act; or
|
|
(3) because he is listed as the child's father or
|
| parent on the child's birth certificate, unless he is otherwise determined by an administrative or judicial proceeding not to be the parent of the child or unless he rescinds his acknowledgment of paternity pursuant to the Illinois Parentage Act of 1984; or
|
|
(4) because his paternity or adoption of the child
|
| has been established by a court of competent jurisdiction.
|
|
The definition in this subsection X shall not be construed to provide greater or lesser rights as to the number of parents who can be named on a final judgment order of adoption or Illinois birth certificate that otherwise exist under Illinois law.
Y. "Legal mother" of a child means a woman who is recognized as or presumed to be that child's mother:
(1) because she gave birth to the child except as
|
| provided in the Gestational Surrogacy Act; or
|
|
(2) because her maternity of the child has been
|
| established pursuant to the Illinois Parentage Act of 1984 or the Gestational Surrogacy Act; or
|
|
(3) because her maternity or adoption of the child
|
| has been established by a court of competent jurisdiction; or
|
|
(4) because of her marriage to or civil union with
|
| the child's other parent at the time of the child's birth or within 300 days prior to the time of birth; or
|
|
(5) because she is listed as the child's mother or
|
| parent on the child's birth certificate unless she is otherwise determined by an administrative or judicial proceeding not to be the parent of the child.
|
|
The definition in this subsection Y shall not be construed to provide greater or lesser rights as to the number of parents who can be named on a final judgment order of adoption or Illinois birth certificate that otherwise exist under Illinois law.
Z. "Department" means the Illinois Department of Children and Family Services.
AA. "Placement disruption" means a circumstance where the child is removed from an adoptive placement before the adoption is finalized.
BB. "Secondary placement" means a placement, including but not limited to the placement of a youth in care as defined in Section 4d of the Children and Family Services Act, that occurs after a placement disruption or an adoption dissolution. "Secondary placement" does not mean secondary placements arising due to the death of the adoptive parent of the child.
CC. "Adoption dissolution" means a circumstance where the child is removed from an adoptive placement after the adoption is finalized.
DD. "Unregulated placement" means the secondary placement of a child that occurs without the oversight of the courts, the Department, or a licensed child welfare agency.
EE. "Post-placement and post-adoption support services" means support services for placed or adopted children and families that include, but are not limited to, mental health treatment, including counseling and other support services for emotional, behavioral, or developmental needs, and treatment for substance abuse.
FF. "Youth in care" has the meaning provided in Section 4d of the Children and Family Services Act.
The changes made by this amendatory Act of the 103rd General Assembly apply to a petition that is filed on or after January 1, 2025.
(Source: P.A. 102-139, eff. 1-1-22; 102-558, eff. 8-20-21; 103-941, eff. 1-1-25.)
|
(750 ILCS 50/10) (from Ch. 40, par. 1512)
Sec. 10. Forms of consent and surrender; execution and
acknowledgment thereof. A. The form of consent required for the
adoption of a born child shall be substantially as follows:
FINAL AND IRREVOCABLE CONSENT TO ADOPTION
I, ...., (relationship, e.g., mother, father, relative, guardian)
of ...., a male or female (circle one) child, state:
That such child was born on .... at ....
That I reside at ...., County of .... and State of ....
That I am of the age of .... years.
That I hereby enter my appearance in this proceeding and waive
service of summons on me.
That I hereby acknowledge that I have been provided with a copy of the Birth Parent Rights and Responsibilities-Private Form before signing this Consent and that I have had time to read, or have had read to me, this Form. I understand that if I do not receive any of the rights as described in this Form, it shall not constitute a basis to revoke this Final and Irrevocable Consent. That I do hereby consent and agree to the adoption of such child.
That I wish to and understand that by signing this consent I do
irrevocably and permanently give up all custody and other parental
rights I have to such child.
That I understand such child will be placed for adoption and that I
cannot under any circumstances, after signing this document, change my
mind and revoke or cancel this consent or obtain or recover custody or
any other rights over such child. That I have read and understand the
above and I am signing it as my free and voluntary act.
Dated (insert date)..........................
If under Section 8 the consent of more than one person is required,
then each such person shall execute a separate consent.
A-1. (1) The form of the Final and Irrevocable Consent to Adoption by a Specified Person or Persons: Non-DCFS Case set forth in this subsection A-1 is to be used by legal parents only. This form is not to be used in cases in which there is a pending petition under Section 2-13 of the Juvenile Court Act of 1987. (2) The form of the Final and Irrevocable Consent to Adoption by a Specified Person or Persons in a non-DCFS case shall have the caption of the proceeding in which it is to be filed and shall be substantially as follows: FINAL AND IRREVOCABLE CONSENT TO ADOPTION BY A SPECIFIED PERSON OR PERSONS; NON-DCFS CASE I, ...., (relationship, e.g., mother, father) of ...., a male or female (circle one) child, state: 1. That such child was born on ...., at ....., in the City/Town of ... and State of .... 2. That I reside at ...., County of .... and State of ...., my email address (if I have one) is .... my cell phone number where I can receive text messages (if I have one) is .... and my land line phone number (if I have one) is ...., and any other contact information is .... 3. That I am of the age of .... years. 4. That I hereby enter my appearance in this proceeding and waive service of summons on me. 5. That I hereby acknowledge that I have been provided a copy of the Birth Parent Rights and Responsibilities-Private Form before signing this Consent and that I have had time to read, or have had read to me, this Form and that I understand the Rights and Responsibilities described in this Form. I understand that if I do not receive any of my rights as described in said Form, it shall not constitute a basis to revoke this Final and Irrevocable Consent to Adoption by a Specified Person. 6. That I do hereby consent and agree to the adoption of such child by .... (specified person or persons) only. If only first names are used for the specified person or persons, I voluntarily sign this specified consent form without disclosure to me of the last name of the specified person or persons. However, I understand that if I wish to know the last name of the specified person or persons, I may request it before signing the form. If I do not receive the last name, I may choose not to sign the specified consent form. 7. That I wish to and understand that upon signing this consent I do irrevocably and permanently give up all custody and other parental rights I have to such child if such child is adopted by .... (specified person or persons). I hereby transfer all of my rights to the custody, care and control of such child to ............................. (specified person or persons). 8. That I understand such child will be adopted by ....................... (specified person or persons) and that I cannot under any circumstances, after signing this document, change my mind and revoke or cancel this consent or obtain or recover custody or any other rights over such child if ............................ (specified person or persons) adopt(s) such child; PROVIDED that each specified person has filed or shall file, within 60 days from the date hereof, a petition for the adoption of such child. 9. That if the specified person or persons designated herein do not file a petition for adoption within the time-frame specified above, or, if said petition for adoption is filed within the time-frame specified above but the adoption petition is dismissed with prejudice or the adoption proceeding is otherwise concluded without an order declaring the child to be the adopted child of the specified person or persons, then I understand that I will be sent written notice of such circumstances at the mailing address, at the email address, through a text message to my cell phone number, and to any other contact information I have provided in paragraph 2 within 5 business days of this occurrence. I understand that the notice will be directed to me using the contact information I have provided in this consent. I understand that I will have 15 business days from the date that the written notice is sent to me to respond in the manner described in the notice, within which time I may request the Court to declare this consent voidable and return the child to me. I further understand that the Court will make the final decision of whether or not the child will be returned to me. If I do not make such request within 15 business days of the date the notice was sent, then I expressly waive any other notice or service of process in any legal proceeding regarding the child, including a legal proceeding for someone other than ..... (specified person or persons) to adopt the child, and that I will have no parental rights as to the child. The person sending the notice shall file an affidavit of notice as proof of the date sent. 10. That I expressly acknowledge that nothing in this Consent
impairs the validity and absolute finality of this
Consent under any circumstance other than those described in
paragraph 9 of this Consent. 11. That I understand that I have a remaining duty and
obligation to keep .............. (insert name and address of the attorney
for the specified person or persons) informed of my current
address or other preferred contact information until this adoption has been finalized. My failure to
do so may result in the termination of my parental rights and
the child being placed for adoption in another home. 12. That I do expressly waive any other notice or service of process in any of the legal proceedings for the adoption of the child as long as the adoption proceeding by the specified person or persons is pending. 13. That I have read and understand the above and I am signing it as my free and voluntary act. 14. That I acknowledge that this consent is valid even if the specified person or persons separate or divorce or one of the specified persons dies prior to the entry of the final judgment for adoption. Dated (insert date). ............................................. Signature of parent. ............................................. Address of parent. ............................................. Phone number(s) of parent. ............................................. Personal email(s) of parent. ............................................. (3) The form of the certificate of acknowledgement for a Final and Irrevocable Consent for Adoption by a Specified Person or Persons: Non-DCFS Case shall be substantially as follows: STATE OF ..............) ) SS.COUNTY OF .............) I, .................... (Name of Judge or other person), ..................... (official title, name, and address), certify that ............., personally known to me to be the same person whose name is subscribed to the foregoing Final and Irrevocable Consent for Adoption by a Specified Person or Persons; non-DCFS case, appeared before me this day in person and acknowledged that (she)(he) signed and delivered the consent as (her)(his) free and voluntary act, for the specified purpose. I am further satisfied that, before signing this Consent, ........ has read, or has had read to him or her, the Birth Parent Rights and Responsibilities-Private Form. A-2. Birth Parent Rights and Responsibilities-Private Form. The Birth Parent Rights and Responsibilities-Private Form must be read by, or have been read to, any person executing a Final and Irrevocable Consent to Adoption under subsection A, a Final and Irrevocable Consent to Adoption by a Specified Person or Persons: Non-DCFS Case under subsection A-1, or a Consent to Adoption of Unborn Child under subsection B prior to the execution of said Consent. The form of the Birth Parent Rights and Responsibilities-Private Form shall be substantially as follows: Birth Parent Rights and Responsibilities-Private Form THIS FORM DOES NOT CONSTITUTE LEGAL ADVICE. LEGAL ADVICE IS DEPENDENT ON THE SPECIFIC CIRCUMSTANCES OF EACH SITUATION AND JURISDICTION. THE INFORMATION IN THIS FORM CANNOT REPLACE THE ADVICE OF AN ATTORNEY LICENSED IN YOUR STATE. As a birth parent in the State of Illinois, you have the right: 1. To have your own attorney represent you. The prospective adoptive parents may agree to pay for the cost of your attorney in a manner consistent with Illinois law, but they are not required to do so. 2. To be treated with dignity and respect at all times and to make decisions free from coercion and pressure. 3. To request to receive counseling before and after signing a Final and Irrevocable Consent to Adoption ("Consent"), a Final and Irrevocable Consent to Adoption by a Specified Person or Persons: Non-DCFS Case ("Specified Consent"), or a Consent to Adoption of Unborn Child ("Unborn Consent"). The prospective adoptive parents may agree to pay for the cost of counseling in a manner consistent with Illinois law, but they are not required to do so. 4. To ask to be involved in choosing your child's prospective adoptive parents and to ask to meet them. 5. To ask your child's prospective adoptive parents any questions that pertain to your decision to place your child with them. 6. To see your child before signing a Consent or Specified Consent if you are the custodial parent, and to request to see your child if you are not the custodial parent. 7. To request contact with your child and/or the child's prospective adoptive parents, with the understanding that any promises regarding contact with your child or receipt of information about the child after signing a Consent, Specified Consent, or Unborn Consent cannot be enforced under Illinois law. 8. To receive copies of all documents that you sign and have those documents provided to you in your preferred language. 9. To request that your identifying information remain confidential, unless required otherwise by Illinois law or court order, and to voluntarily share your medical, background, and identifying information, including information on the original birth certificate of your child. This can be done through the Illinois Adoption Registry and Medical Information Exchange or through completing the Birth Parent Preference Form. Please visit http://dph.illinois.gov or www.newillinoisadoptionlaw.com. 10. To access the Confidential Intermediary Program which provides a way for a court appointed person to connect and/or exchange information between adoptees, adoptive parents and birth parents, and other biological family members, provided in most cases that mutual consent is given. Please visit www.ci-illinois.org or call (800) 526-9022(x29). 11. To work with an adoption agency or attorney of your choice, or change said agency or attorney, provided you promptly inform all of the parties currently involved. 12. To receive, upon request, a written list of any promised support, financial or otherwise, from your attorney or the attorney for your child's prospective adoptive parents. 13. To delay signing a Consent, Specified Consent, or Unborn Consent if you are not ready to do so. 14. To decline to sign a Consent, Specified Consent, or Unborn Consent even if you have received financial support from the prospective adoptive parents. If you do not receive any of the rights described in this Form, it shall not be a basis to revoke a Consent, Specified Consent, or Unborn Consent. As a Birth Parent in the State of Illinois, you have the responsibility: 1. To carefully consider your reasons for choosing adoption. 2. (Birth mothers only) To accurately complete an Affidavit of Identification, which identifies the father of the child when known, with the understanding that a birth mother has a right to decline to identify the birth father. 3. To provide the necessary documentation regarding financial need to make an appropriate determination of reasonable pregnancy-related expenses. 4. To not accept financial support or reimbursement of pregnancy related expenses simultaneously from more than one source or if you are not pregnant, as doing so is a crime. 5. To voluntarily provide all known medical, background, and family information about yourself and your immediate family to your child's prospective adoptive parents or their attorney. For the health of your child, you are strongly encouraged, but not required, to do so as set forth on the following form: Birth Parent Medical Information The purpose of this form is to gather your health history, genetic history, and social background information to share with the adoptive parents. It is important the adoptive family provide this information to the child's physician. It will become a part of the child's medical and family history. This form, in its entirety, will be given to the adoptive parent(s). The following information is true and complete to the best of my knowledge and belief. Birth parent name: .............................................................. Signature: .............................................................. Date:..................................................... YES or NO (circle one) I agree to release my full name on this form to the adoptive family. If NO is circled then the birth parent's name shall be redacted on this form. MOTHER'S PHYSICAL CHARACTERISTICS: Eyes: ... Hair: .... Complexion: .... Height: ....Weight: .... Body build: .....
Race: ..... Nationality/Descent: ....... Blood type: .... Rh factor: .... Eye glasses or contact lenses? Yes /.../ No /.../Right /.../ Left /.../ handed Age: .... or Date of birth: ..... Religion: .................. Please list your highest education level, occupation, hobbies, interests, and talents: .............................................................. Existence of any disabilities? Yes /.../ No /.../ If yes, explain:.............................................. If you have other children, list them below. Include any children previously placed for adoption. .............................................................. Describe your relationship with the birth father: ........ FATHER'S PHYSICAL CHARACTERISTICS: Eyes: ... Hair: .... Complexion: .... Height: ....Weight: .... Body build: .....
Race: ..... Nationality/Descent: ....... Blood type: .... Rh factor: .... Eye glasses or contact lenses? Yes /.../ No /.../Right /.../ Left /.../ handed Age: .... or Date of birth: ..... Religion: .................. Please list your highest education level, occupation, hobbies, interests, and talents: .............................................................. Existence of any disabilities? Yes /.../ No /.../ If yes, explain:.............................................. If you have other children, list them below. Include any children previously placed for adoption. .............................................................. PREGNANCY HISTORY INVOLVING THIS CHILD Month prenatal care began during this pregnancy:.......... Complications during pregnancy: Yes ... No ... If yes, explain: . .......................................................... MEDICATION AND OTHER SUBSTANCES USED DURINGPREGNANCY OR YEAR PRIOR TO PREGNANCY |
| | | FREQUENCY/ | FREQUENCY/ |
| | | AMOUNT | AMOUNT |
| | | DURING | PRIOR TO |
| YES | NO | PREGNANCY | PREGNANCY | Alcohol | /../ | /../ | ........... | .......... | Amphetamines | /../ | /../ | ........... | .......... | Barbiturates | /../ | /../ | ........... | .......... | Cocaine | /../ | /../ | ........... | .......... | Heroin | /../ | /../ | ........... | .......... | LSD | /../ | /../ | ........... | .......... | Marijuana | /../ | /../ | ........... | .......... | Caffeine | | | | | (Coffee, | | | | | tea, etc) | /../ | /../ | ........... | .......... | Prescription | | | | | drugs | /../ | /../ | ........... | .......... | Non- | | | | | prescription | | | | | drugs | /../ | /../ | ........... | .......... | Other | /../ | /../ | ........... | .......... |
|
In addition to this form, a birth parent shall also be provided the forms for the Illinois Adoption Registry and Medical Information Exchange.
B. The form of consent required for the adoption of an unborn child
shall be substantially as follows:
CONSENT TO ADOPTION OF UNBORN CHILD
I, ...., state:
That I am the father of a child expected to be born on or about ....
to .... (name of mother).
That I reside at .... County of ...., and State of .....
That I am of the age of .... years.
That I hereby enter my appearance in such adoption proceeding and
waive service of summons on me.
That I hereby acknowledge that I have been provided with a copy of the Birth Parent Rights and Responsibilities-Private Form before signing this Consent, and that I have had time to read, or have had read to me, this Form. I understand that if I do not receive any of the rights as described in this Form, it shall not constitute a basis to revoke this Consent to Adoption of Unborn Child.
That I do hereby consent and agree to the adoption of such child, and
that I have not previously executed a consent or surrender with respect
to such child.
That I wish to and do understand that by signing this consent I do
irrevocably and permanently give up all custody and other parental
rights I have to such child, except that I have the right to revoke this
consent by giving written notice of my revocation not later than 72
hours after the birth of the child.
That I understand such child will be placed for adoption and that,
except as hereinabove provided, I cannot under any circumstances, after
signing this document, change my mind and revoke or cancel this consent
or obtain or recover custody or any other rights over such child.
That I have read and understand the above and I am signing it as my
free and voluntary act.
Dated (insert date).
........................
B-5. (1) The parent of a child may execute a consent to standby
adoption by a specified person or persons. A consent under this subsection B-5
shall be acknowledged by a parent pursuant to subsection H and subsection K of
this Section.
The form of consent required for the standby adoption of a born child
effective at a future date when the consenting
parent of the child dies or
requests that a final judgment of adoption be entered shall be substantially as
follows:
FINAL AND IRREVOCABLE CONSENT
TO STANDBY ADOPTION
I, ..., (relationship, e.g. mother or father)
of ...., a male or female (circle one) child, state:
That the child was born on .... at .....
That I reside at ...., County of ...., and State of .....
That I am of the age of .... years.
That I hereby enter my appearance in this proceeding and waive service of
summons on me in this action only.
That I do hereby consent and
agree to the standby adoption of the child, and that I have not previously
executed a consent or surrender with respect to the child.
That I wish to and understand that by signing this consent I do irrevocably
and permanently give up all custody and other parental rights I have to the
child, effective upon
(my death) (the child's other parent's death) or upon (my) (the other
parent's) request for the entry of a final judgment for adoption if .....
(specified person or persons) adopt my child.
That I understand that until (I die) (the child's other parent dies), I
retain all legal rights and obligations concerning the child, but at that time,
I irrevocably give all custody and other parental rights to .... (specified
person or persons).
I understand my child will be adopted by ....... (specified person or
persons) only and that I cannot, under any circumstances, after signing this
document, change my mind and revoke or cancel this consent or obtain or recover
custody or any other rights over my child if ..... (specified person or
persons) adopt my child.
I understand that this consent to standby adoption is valid only if the
petition for standby adoption is filed and that if ....... (specified person or
persons), for any reason, cannot or will not file a petition for standby
adoption or if his, her, or their petition for standby adoption is denied, then
this consent is void. I have the right to notice of any other proceeding that
could affect my parental rights.
That I have read and understand the above and I am signing it as my free and
voluntary act.
Dated (insert date).
....................
If under Section 8 the consent of more than one person is required, then each
such
person shall execute a separate consent. A separate consent shall be executed
for each
child.
(2) If the parent consents to a standby adoption by 2 specified persons,
then the form shall contain 2 additional paragraphs in substantially the
following form:
If .... (specified persons) obtain a judgment of
dissolution of
marriage before the judgment for adoption is entered, then .....
(specified person) shall adopt my child. I understand that I cannot change my
mind and revoke this consent or obtain or recover custody of my child if .....
(specified persons) obtain a judgment of dissolution of marriage and .....
(specified person) adopts my child. I understand that I cannot change my
mind and revoke this consent if ...... (specified persons) obtain a
judgment of dissolution of marriage before the adoption is final. I
understand that this consent to adoption has no effect on who will get custody
of my child if ..... (specified persons) obtain a judgment of dissolution
of marriage after the adoption is final. I understand that if either .....
(specified persons) dies before the petition to adopt my child is granted, then
the surviving person may adopt my child. I understand that I cannot change my
mind and revoke this consent or obtain or recover custody of my child if the
surviving person adopts my child.
A consent to standby adoption by specified persons on this form shall have no
effect on a court's determination of custody or visitation under the Illinois
Marriage and Dissolution
of Marriage Act if the marriage of the specified persons is dissolved before
the adoption is final.
(3) The form of the certificate of acknowledgement for a Final and
Irrevocable Consent for Standby Adoption shall be substantially as follows:
STATE OF .....)
) SS.
COUNTY OF ....)
I, ....... (name of Judge or other person) ..... (official title,
name, and address), certify that ......., personally known to me to be
the same person whose name is subscribed to the foregoing Final and Irrevocable
Consent to Standby Adoption, appeared before me this day in person and
acknowledged that (she) (he) signed and
delivered the consent as (her) (his) free and voluntary act, for the specified
purpose.
I have fully explained that this consent to adoption is valid only if the
petition to adopt is filed, and that if the specified person or persons, for
any reason, cannot or will not adopt the child or if the adoption petition is
denied, then this consent will be void. I have fully explained that if the
specified person or persons adopt the child, by signing this consent (she) (he)
is irrevocably and permanently relinquishing all parental rights to the child,
and (she) (he) has stated that such is (her) (his) intention and desire.
Dated (insert date).
Signature ..............................
(4) If a consent to standby adoption is executed in this form,
the consent shall be valid only if the specified
person or persons adopt the child. The consent shall be void if:
(a) the specified person or persons do not file a |
| petition for standby adoption of the child; or
|
|
(b) a court denies the standby adoption petition.
The parent shall not need to take further action to revoke the consent if the
standby adoption by the specified person or persons does not occur,
notwithstanding the provisions of Section 11 of this Act.
C. The form of surrender to any agency given by a parent of a born
child who is to be subsequently placed for adoption shall be
substantially as follows and shall contain such other facts and
statements as the particular agency shall require.
FINAL AND IRREVOCABLE SURRENDER
FOR PURPOSES OF ADOPTION
I, .... (relationship, e.g., mother, father, relative, guardian) of
...., a male or female (circle one) child, state:
That such child was born on ...., at .....
That I reside at ...., County of ...., and State of .....
That I am of the age of .... years.
That I do hereby surrender and entrust the entire custody and control
of such child to the .... (the "Agency"), a (public) (licensed) child
welfare agency with its principal office in the City of ...., County of
.... and State of ...., for the purpose of enabling it to care for and
supervise the care of such child, to place such child for adoption and
to consent to the legal adoption of such child.
That I hereby grant to the Agency full power and authority to place
such child with any person or persons it may in its sole discretion
select to become the adopting parent or parents and to consent to the
legal adoption of such child by such person or persons; and to take any
and all measures which, in the judgment of the Agency, may be for the
best interests of such child, including authorizing medical, surgical
and dental care and treatment including inoculation and anaesthesia for
such child.
That I wish to and understand that by signing this surrender I do
irrevocably and permanently give up all custody and other parental
rights I have to such child.
That I understand I cannot under any circumstances, after signing
this surrender, change my mind and revoke or cancel this surrender or
obtain or recover custody or any other rights over such child.
That I have read and understand the above and I am signing it as my
free and voluntary act.
Dated (insert date).
........................
C-5. The form of a Final and Irrevocable Designated Surrender for Purposes of Adoption to any agency given by a parent of a born child who is to be subsequently placed for adoption is to be used by legal parents only. The form shall be substantially as follows and shall contain such other facts and statements as the particular agency shall require: FINAL AND IRREVOCABLE DESIGNATED SURRENDER FOR PURPOSES OF ADOPTION I, .... (relationship, e.g., mother, father, relative, guardian) of ...., a male or female (circle one) child, state: 1. That such child was born on ...., at ..... 2. That I reside at ...., County of ...., and State of ....., my email address (if I have one) is .... my cell phone number where I can receive text messages (if I have one) is .... and my land line phone number (if I have one) is ...., and any other contact information is .... 3. That I am of the age of .... years. 4. That I do hereby surrender and entrust the entire custody and control of such child to the .... (the "Agency"), a (public) (licensed) child welfare agency with its principal office in the City of ...., County of .... and State of ...., for the purpose of enabling it to care for and supervise the care of such child, to place such child for adoption with ............................. (specified person or persons) and to consent to the legal adoption of such child and to take any and all measures which, in the judgment of the Agency, may be for the best interests of such child, including authorizing medical, surgical and dental care and treatment including inoculation and anesthesia for such child. If only first names are used for the specified person or persons, I voluntarily sign this designated surrender without disclosure to me of the last name of the specified person or persons. However, I understand that if I wish to know the last name of the specified person or persons, I may request it before signing the form. If I do not receive the last name, I may choose not to sign the designated surrender form. 5. That I wish to and understand that by signing this surrender I do irrevocably and permanently give up all custody and other parental rights I have to such child. 6. That if the petition for adoption is not filed by the
specified person or persons designated herein or, if the
petition for adoption is filed but the adoption petition is
dismissed with prejudice or the adoption proceeding is
otherwise concluded without an order declaring the child to be
the adopted child of each specified person, then I understand that the Agency will send notice to me at the mailing address, at the email address, through a text message to my cell phone number provided in paragraph 2, and to any other contact information I have provided in paragraph 2 within 5 business days of this occurrence. The person sending the notice shall prepare an affidavit of notice. I understand that I will have 15 business days from the date that the written notice was sent to respond, within which time I may choose to designate other adoptive parent(s). However, I acknowledge that
the Agency has full power and authority to place the child for adoption with
any person or persons it may in its sole discretion select to
become the adopting parent or parents and to consent to the
legal adoption of the child by such person or persons. 7. That I acknowledge that this surrender is valid even if the specified persons separate or divorce or one of the specified persons dies prior to the entry of the final judgment for adoption. 8. That I expressly acknowledge that the above paragraphs 6 and 7 do not impair the validity and absolute finality of this surrender under any circumstance. 9. That I understand that I have a remaining obligation to keep the Agency informed of my current contact information until the adoption of the child has been finalized if I wish to be notified in the event the adoption by the specified person(s) cannot proceed. 10. That I understand I cannot under any circumstances, after signing this surrender, change my mind and revoke or cancel this surrender or obtain or recover custody or any other rights over such child. 11. That I have read and understand the above and I am signing it as my free and voluntary act. Dated (insert date). .............................. D. The form of surrender to an agency given by a parent of an unborn
child who is to be subsequently placed for adoption shall be
substantially as follows and shall contain such other facts and
statements as the particular agency shall require.
SURRENDER OF UNBORN CHILD FOR
PURPOSES OF ADOPTION
I, .... (father), state:
That I am the father of a child expected to be born on or about ....
to .... (name of mother).
That I reside at ...., County of ...., and State of .....
That I am of the age of .... years.
That I do hereby surrender and entrust the entire custody and control
of such child to the .... (the "Agency"), a (public) (licensed) child
welfare agency with its principal office in the City of ...., County of
.... and State of ...., for the purpose of enabling it to care for and
supervise the care of such child, to place such child for adoption and
to consent to the legal adoption of such child, and that I have not
previously executed a consent or surrender with respect to such child.
That I hereby grant to the Agency full power and authority to place
such child with any person or persons it may in its sole discretion
select to become the adopting parent or parents and to consent to the
legal adoption of such child by such person or persons; and to take any
and all measures which, in the judgment of the Agency, may be for the
best interests of such child, including authorizing medical, surgical
and dental care and treatment, including inoculation and anaesthesia for
such child.
That I wish to and understand that by signing this surrender I do
irrevocably and permanently give up all custody and other parental
rights I have to such child.
That I understand I cannot under any circumstances, after signing
this surrender, change my mind and revoke or cancel this surrender or
obtain or recover custody or any other rights over such child, except
that I have the right to revoke this surrender by giving written notice
of my revocation not later than 72 hours after the birth of such child.
That I have read and understand the above and I am signing it as my
free and voluntary act.
Dated (insert date).
........................
E. The form of consent required from the parents for the adoption of
an adult, when such adult elects to obtain such consent, shall be
substantially as follows:
CONSENT
I, ...., (father) (mother) of ...., an adult, state:
That I reside at ...., County of .... and State of .....
That I do hereby consent and agree to the adoption of such adult by
.... and .....
Dated (insert date).
.........................
F. The form of consent required for the adoption of a child of the
age of 14 years or over, or of an adult, to be given by such person,
shall be substantially as follows:
CONSENT
I, ...., state:
That I reside at ...., County of .... and State of ..... That I am
of the age of .... years. That I hereby enter my appearance in this proceeding and waive service of summons on me. That I consent and agree to my adoption by
.... and .....
Dated (insert date).
........................
G. The form of consent given by an agency to the adoption by
specified persons of a child previously surrendered to it shall set
forth that the agency has the authority to execute such consent. The
form of consent given by a guardian of the person of a child sought to
be adopted, appointed by a court of competent jurisdiction, shall set
forth the facts of such appointment and the authority of the guardian to
execute such consent.
H. A consent (other than that given by an agency, or guardian of the
person of the child sought to be adopted who was appointed by a court of
competent jurisdiction) shall be acknowledged by a parent before a judge of a court of competent jurisdiction or, except as otherwise provided in
this Act, before a representative of an agency, or before a person, other than the attorney for the prospective adoptive parent or parents, designated by a court of competent
jurisdiction.
I. A surrender, or any other document equivalent to a surrender, by
which a child is surrendered to an agency shall be acknowledged by the
person signing such surrender, or other document, before a judge of a court of competent jurisdiction, or, except as otherwise provided in this Act, before a representative of an agency, or before a person designated by a court
of competent jurisdiction.
J. The form of the certificate of acknowledgment for a consent, a
surrender, or any other document equivalent to a surrender, shall be
substantially as follows:
STATE OF ....) ) SS.COUNTY OF ...)
I, .... (Name of judge or other person), .... (official title, name and
location of court or status or position of other person),
certify that ...., personally known to me to be the same person whose
name is subscribed to the foregoing (consent) (surrender), appeared
before me this day in person and acknowledged that (she) (he) signed and
delivered such (consent) (surrender) as (her) (his) free and voluntary
act, for the specified purpose.
I have fully explained that by signing such (consent) (surrender)
(she) (he) is irrevocably relinquishing all parental rights to such
child or adult and (she) (he) has stated that such is (her) (his)
intention and desire. (Add if Consent only) I am further satisfied that, before signing this Consent, ........ has read, or has had read to him or her, the Birth Parent Rights and Responsibilities-Private Form.
Dated (insert date).
Signature ...............
K. When the execution of a consent or a surrender is acknowledged
before someone other than a judge,
such other person shall have his or her signature on the certificate
acknowledged before a notary public, in form substantially as follows:
STATE OF ....) ) SS.COUNTY OF ...)
I, a Notary Public, in and for the County of ......, in the State of
......, certify that ...., personally known to me to be the
same person whose name is subscribed to the foregoing certificate of
acknowledgment, appeared before me in person and acknowledged that (she)
(he) signed such certificate as (her) (his) free and voluntary act and
that the statements made in the certificate are true.
Dated (insert date).
Signature ...................... Notary Public
(official seal)
There shall be attached a certificate of magistracy, or other
comparable proof of office of the notary public satisfactory to the
court, to a consent signed and acknowledged in another state.
L. A surrender or consent executed and acknowledged outside of this
State, either in accordance with the law of this State or in accordance
with the law of the place where executed, is valid.
M. Where a consent or a surrender is signed in a foreign country,
the execution of such consent shall be acknowledged or affirmed in a
manner conformable to the law and procedure of such country.
N. If the person signing a consent or surrender is in the military
service of the United States, the execution of such consent or surrender
may be acknowledged before a commissioned officer and the signature of
such officer on such certificate shall be verified or acknowledged
before a notary public or by such other procedure as is then in effect
for such division or branch of the armed forces.
O. (1) The parent or parents of a child in whose interests a petition
under Section 2-13 of the Juvenile Court Act of 1987 is pending may, with the
approval of the designated representative of the Department of Children and
Family Services ("Department" or "DCFS"), execute a consent to adoption by a specified person or
persons:
(a) in whose physical custody the child has resided |
| for at least 6 months; or
|
|
(b) in whose physical custody at least one sibling of
|
| the child who is the subject of this consent has resided for at least 6 months, and the child who is the subject of this consent is currently residing in this foster home; or
|
|
(c) in whose physical custody a child under one year
|
| of age has resided for at least 3 months.
|
|
The court may waive the time frames in subdivisions (a), (b), and (c) for good cause shown if the court finds it to be in the child's best interests.
A consent under this subsection O shall be acknowledged by a parent pursuant to
subsection H and subsection K of this Section.
(2) The final and irrevocable consent to adoption by a specified person or persons in a Department of Children and Family Services (DCFS) case shall be substantially
as follows:
FINAL AND IRREVOCABLE CONSENT TO ADOPTION BY
A SPECIFIED PERSON OR PERSONS: DCFS CASE
I, ......................................, the .................. mother or
father (circle one) of a male or female (circle one) child, state:
1. My child ............................ (name of |
| child) was born on ..... (insert date) at .................... Hospital in the City/Town of ........., in ................ County, State of ...............
|
|
2. I reside at ......................, County of
|
| ............. and State of ..............
|
|
Mail may also be sent to me at this address
|
| ............................, in care of .................
|
|
My home telephone number is...........................
My cell telephone number is...........................
My e-mail address is..................................
3. I, ..........................., am .... years old.
4. I enter my appearance in this action for my child
|
| to be adopted by the person or persons specified herein by me and waive service of summons on me in this action only.
|
|
5. I hereby acknowledge that I have been provided a
|
| copy of the Birth Parent Rights and Responsibilities in Illinois for Final and Irrevocable Consents to Adoption by a Specified Person or Persons for DCFS Cases before signing this Consent and that I have had time to read this form or have it read to me and that I understand the rights and responsibilities described in this form. I understand that if I do not receive any of my rights as described in the form, it shall not constitute a basis to revoke this Final and Irrevocable Consent to Adoption by a Specified Person or Persons.
|
|
6. I do hereby consent and agree to the adoption of
|
| such child by .......... (names of current foster parent(s) or caregiver(s), hereinafter referred to as the "specified person or persons") only.
|
|
7. I wish to sign this consent and I understand that
|
| by signing this consent I irrevocably and permanently give up all my parental rights I have to my child.
|
|
8. I understand that this consent allows my child to
|
| be adopted by the specified person or persons only and that I cannot under any circumstances after signing this document change my mind and revoke or cancel this consent.
|
|
9. I understand that this consent will be void if:
(a) the Department places my child with someone
|
| other than the specified person or persons; or
|
|
(b) a court denies the adoption petition for the
|
| specified person or persons to adopt my child; or
|
|
(c) the DCFS Guardianship Administrator refuses
|
| to consent to my child's adoption by the specified person or persons on the basis that the adoption is not in my child's best interests.
|
|
I understand that if this consent is void I have
|
| parental rights to my child, subject to any applicable court orders including those entered under Article II of the Juvenile Court Act of 1987, unless and until I sign a new consent or surrender or my parental rights are involuntarily terminated. I understand that if this consent is void, my child may be adopted by someone other than the specified person or persons only if I sign a new consent or surrender, or my parental rights are involuntarily terminated. I understand that if this consent is void, the Department will notify me within 30 days using the addresses and telephone numbers I provided in paragraph 2 of this form. I understand that if I receive such a notice, it is very important that I contact the Department immediately, and preferably within 30 days, to have input into the plan for my child's future.
|
|
10. I understand that if a petition for adoption of
|
| my child is filed by someone other than the specified person or persons, the Department will notify me within 14 days after the Department becomes aware of the petition. The fact that someone other than the specified person or persons files a petition to adopt my child does not make this consent void.
|
|
11. If a person other than the specified person or
|
| persons files a petition to adopt my child or if the consent is void under paragraph 9, the Department will send written notice to me using the mailing address and email address provided by me in paragraph 2 of this form. The Department will also contact me using the telephone numbers I provided in paragraph 2 of this form. It is very important that I let the Department know if any of my contact information changes. If I do not let the Department know if any of my contact information changes, I understand that I may not receive notification from the Department if this consent is void or if someone other than the specified person or persons files a petition to adopt my child. If any of my contact information changes, I should immediately notify:
|
|
Caseworker's name and telephone number:
.........................................................;
Agency name, address, zip code, and telephone number:
.........................................................;
Supervisor's name and telephone number:
.........................................................;
DCFS Advocacy Office for Children and Families:
|
|
12. I expressly acknowledge that paragraph 9 (and
|
| paragraphs 8a and 8b, if applicable) do not impair the validity and finality of this consent under any circumstances.
|
|
13. I have read and understand the above and I am
|
| signing it as my free and voluntary act.
|
|
Dated (insert date).
.............................................
Signature of parent
(3) If the parent consents to an adoption by 2 specified persons, then the
form shall contain 2 additional paragraphs in substantially the following form:
8a. I understand that I cannot change my mind or
|
| revoke this consent or recover custody of my child on the basis that the specified persons divorce or are granted a dissolution of a civil union or that one of the specified persons has died.
|
|
8b. I understand that if the specified persons get a
|
| divorce or are granted a dissolution of a civil union before the petition to adopt my child is granted, this consent remains valid only for ............... (name only one specified person) to adopt my child.
|
|
8c. I understand that if either of the specified
|
| persons dies before the petition to adopt my child is granted, this consent remains valid for the surviving person to adopt my child.
|
|
(4) The form of the certificate of acknowledgement for a Final and
Irrevocable Consent for Adoption by a Specified Person or Persons: DCFS Case shall be
substantially as follows:
STATE OF ..............)
) SS.
COUNTY OF .............)
I, .................... (Name of Judge or other person),
..................... (official title, name, and address),
certify that ............., personally known to me to be the same person whose
name is subscribed to the foregoing Final and Irrevocable Consent for Adoption
by a Specified Person or Persons: DCFS Case, appeared before me this day
in person and acknowledged that (she)(he) signed and delivered the consent as
(her)(his) free and voluntary act, for the specified purpose.
I have fully explained that by signing this consent this parent is irrevocably
and permanently
relinquishing all parental rights to the child so that the child may be adopted by a specified person or persons, and this parent has stated that
such is (her)(his) intention and desire. I have fully explained that this consent is void only if:
(a) the placement is disrupted and the child is moved
|
| to a different placement; or
|
|
(b) a court denies the petition for adoption; or
(c) the Department of Children and Family Services
|
| Guardianship Administrator refuses to consent to the child's adoption by a specified person or persons on the basis that the adoption is not in the child's best interests.
|
|
Dated (insert date).
...............................
Signature
(5) If a consent to adoption by a specified person or persons is executed in
this form, the following provisions shall apply. The consent shall be valid
only for the specified person or persons to adopt the child. The consent shall be void
if:
(a) the placement disrupts and the child is moved to
|
|
(b) a court denies the petition for adoption; or
(c) the Department of Children and Family Services
|
| Guardianship Administrator refuses to consent to the child's adoption by the specified person or persons on the basis that the adoption is not in the child's best interests.
|
|
If the consent is void under this Section, the parent shall not need to take further action to revoke the consent. No proceeding for termination of parental rights shall be brought unless the parent who executed the consent to adoption by a specified person or persons has been notified of the proceedings pursuant to Section 7 of this Act or subsection (4) of Section 2-13 of the Juvenile Court Act of 1987.
(6) The Department of Children and Family Services is authorized
to promulgate rules necessary to implement this subsection O.
(7) (Blank).
(8) The Department of Children and Family Services shall promulgate a rule and procedures regarding Consents to Adoption by a Specified Person or Persons in DCFS cases. The rule and procedures shall provide for the development of the Birth Parent Rights and Responsibilities Form for DCFS
Cases.
(9) A consent to adoption by specified persons on this
consent form shall have no effect on a court's determination of
custody or visitation under the Illinois Marriage and
Dissolution of Marriage Act or the Illinois Religious Freedom
Protection and Civil Union Act if the marriage or civil union of the
specified persons is dissolved after the adoption is final.
P. If the person signing a consent is incarcerated or detained in a correctional facility, prison, jail, detention center, or other comparable institution, either in this State or any other jurisdiction, the execution of such consent may be acknowledged before social service personnel of such institution, or before a person designated by a court of competent jurisdiction.
Q. A consent may be acknowledged telephonically, via audiovisual connection, or other electronic means, provided that a court of competent jurisdiction has entered an order approving the execution of the consent in such manner and has designated an individual to be physically present with the parent executing such consent in order to verify the identity of the parent.
R. An agency whose representative is acknowledging a consent pursuant to this Section shall be a public child welfare agency or a child welfare agency that is authorized or licensed in the State or jurisdiction in which the consent is signed.
S. The form of waiver by a putative or legal father of a born or unborn child shall be substantially as follows:
FINAL AND IRREVOCABLE WAIVER OF PARENTAL RIGHTS OF PUTATIVE OR LEGAL FATHER
I, ...................., state under oath or affirm as follows:
1. That the biological mother ............... has |
| named me as a possible biological or legal father of her minor child who was born, or is expected to be born on ..........., ......, in the City/Town of........., State of ...........
|
|
2. That I understand that the biological mother
|
| ............. intends to or has placed the child for adoption.
|
|
3. That I reside at ................, in the
|
| City/Town of..........., State of ................
|
|
4. That I am ................ years of age and my
|
| date of birth is ..............., .............
|
|
5. That I (select one):
..... am married to the biological mother.
..... am not married to the biological mother and
|
| have not been married to the biological mother within 300 days before the child's birth or expected date of child's birth.
|
|
..... am not currently married to the biological
|
| mother, but was married to the biological mother, within 300 days before the child's birth or expected date of child's birth.
|
|
6. That I (select one):
..... neither admit nor deny that I am the
|
| biological father of the child.
|
|
..... deny that I am the biological father of the
|
|
7. That I hereby agree to the termination of my
|
| parental rights, if any, without further notice to me of any proceeding for the adoption of the minor child, even if I have taken any action to establish parental rights or take any such action in the future including registering with any putative father registry.
|
|
8. That I understand that by signing this Waiver I do
|
| irrevocably and permanently give up all custody and other parental rights I may have to such child.
|
|
9. That I understand that this Waiver is FINAL AND
|
| IRREVOCABLE and that I am permanently barred from contesting any proceeding for the adoption of the child after I sign this Waiver.
|
|
10. That I waive any further service of summons or
|
| other pleadings in any proceeding to terminate parental rights, if any to this child, or any proceeding for adoption of this child.
|
|
11. That I understand that if a final judgment or
|
| order of adoption for this child is not entered, then any parental rights or responsibilities that I may have remain intact.
|
|
12. That I have read and understand the above and
|
| that I am signing it as my free and voluntary act.
|
|
Dated: ..................., ..............
...........................................
Signature
OATH I have been duly sworn and I state under oath that I have read and understood this Final and Irrevocable
Waiver of Parental Rights of Putative or Legal Father. The facts contained in it are true and correct to the
best of my knowledge. I have signed this document as my free and voluntary act in order to facilitate the
adoption of the child.
..............................
Signature
Signed and Sworn before me on
this ............ day
of ..........., 20....
...................
Notary Public
(Source: P.A. 103-501, eff. 1-1-24.)
|
(750 ILCS 50/18.1b)
Sec. 18.1b. The Illinois Adoption Registry Application. The Illinois
Adoption Registry Application shall substantially include the following:
(a) General Information. The Illinois Adoption |
| Registry Application shall include the space to provide Information about the registrant including his or her surname, given name or names, social security number (optional), mailing address, home telephone number, gender, date and place of birth, and the date of registration. If applicable and known to the registrant, he or she may include the maiden surname of the birth mother, any subsequent surnames of the birth mother, the surname of the birth father, the given name or names of the birth parents, the dates and places of birth of the birth parents, the surname and given name or names of the adopted person prior to adoption, the gender and date and place of birth of the adopted or surrendered person, the name of the adopted person following his or her adoption and the state and county where the judgment of adoption was finalized.
|
|
(b) Medical Information Exchange Questionnaire. In
|
| recognition of the importance of medical information and of recent discoveries regarding the genetic origin of many medical conditions and diseases all registrants shall be asked to voluntarily complete a Medical Information Exchange Questionnaire. The Medical Information Exchange Questionnaire shall include a comprehensive check-list of medical conditions and diseases including those of genetic origin.
|
|
(1) Birth relatives shall be asked to indicate
|
| all genetically-inherited diseases and conditions on this list which are known to exist in the adopted or surrendered person's birth family at the time of registration. In addition, all birth relatives shall be apprised of the Registry's provisions for voluntarily submitting information about their and their family's medical histories on a confidential, ongoing basis.
|
|
(2) Adopted and surrendered persons and their
|
| adoptive parents, legal guardians, adult children, adult grandchildren, and surviving spouses shall be asked to indicate all genetically-inherited diseases and medical conditions with which the adopted or surrendered person or, if applicable, his or her children have been diagnosed since birth.
|
|
(3) The Medical Information Exchange
|
| Questionnaire shall include a space where the registrant may authorize the release of the Medical Information Exchange Questionnaire to specified registered parties and a disclaimer informing registrants that the Department of Public Health cannot guarantee the accuracy of medical information exchanged through the Registry.
|
|
(c) Written statement. All registrants shall be
|
| given the opportunity to voluntarily file a written statement with the Registry. This statement shall be submitted in the space provided. No written statement submitted to the Registry shall include identifying information pertaining to any person other than the registrant who submitted it. Any such identifying information shall be redacted by the Department or returned for removal of identifying information.
|
|
(d) Exchange of information. All registrants except
|
| birth parents may indicate their wishes regarding contact and the exchange of identifying and/or medical information with any other registrant by completing an Information Exchange Authorization or a Denial of Information Exchange. Birth parents may indicate their wishes regarding contact by filing a Birth Parent Preference Form pursuant to the procedures outlined in this Section.
|
|
(1) Information Exchange Authorization. Adopted
|
| or surrendered persons 21 years of age or over who are interested in exchanging identifying and/or medical information or would welcome contact with one or more of their birth relatives; birth siblings 21 years of age or over who were adopted or surrendered and who are interested in exchanging identifying and/or medical information or would welcome contact with an adopted or surrendered person, or one or more of his or her adoptive parents, legal guardians, adult children, adult grandchildren, or a surviving spouse; birth siblings 21 years of age or over who were not surrendered and who have submitted proof of death for any common birth parent who did not file a Denial of Information Exchange or a Birth Parent Preference Form on which Option E was selected prior to his or her death, and who are interested in exchanging identifying and/or medical information or would welcome contact with an adopted or surrendered person, or one or more of his or her adoptive parents, legal guardians, adult children, adult grandchildren, or a surviving spouse; birth aunts and birth uncles 21 years of age or over who have submitted birth certificates for themselves and a deceased birth parent naming at least one common biological parent as well as proof of death for a deceased birth parent and who are interested in exchanging identifying and/or medical information or would welcome contact with an adopted or surrendered person 21 years of age or over, or one or more of his or her adoptive parents, legal guardians, adult children, adult grandchildren, or a surviving spouse; birth grandparents who have submitted birth certificates for themselves and a deceased birth parent as well as proof of death for a deceased birth parent and who are interested in exchanging identifying and/or medical information or would welcome contact with an adopted or surrendered person 21 years of age or over, or one or more of his or her adoptive parents, legal guardians, adult children, adult grandchildren, or a surviving spouse; adoptive parents or legal guardians of adopted or surrendered persons under the age of 21 who are interested in exchanging identifying and/or medical information or would welcome contact with one or more of the adopted or surrendered person's birth relatives; adoptive parents and legal guardians of deceased adopted or surrendered persons 21 years of age or over who have submitted proof of death for a deceased adopted or surrendered person who did not file a Denial of Information Exchange prior to his or her death and who are interested in exchanging identifying and/or medical information or would welcome contact with one or more of the adopted or surrendered person's birth relatives; adult children of deceased adopted or surrendered persons who have submitted a birth certificate naming the adopted or surrendered person as their biological parent, and, in the case of adult grandchildren, their birth certificate and a birth certificate naming the adopted or surrendered person as their parent's biological parent, and proof of death for an adopted or surrendered person who did not file a Denial of Information Exchange prior to his or her death; and surviving spouses of deceased adopted or surrendered persons who have submitted a marriage certificate naming an adopted or surrendered person as their deceased wife or husband and proof of death for an adopted or surrendered person who did not file a Denial of Information Exchange prior to his or her death and who are interested in exchanging identifying and/or medical information or would welcome contact with one or more of the adopted or surrendered person's birth relatives may specify with whom they wish to exchange identifying information by filing an Information Exchange Authorization.
|
|
(2) Denial of Information Exchange. Adopted or
|
| surrendered persons 21 years of age or over who do not wish to exchange identifying information or establish contact with one or more of their birth relatives may specify with whom they do not wish to exchange identifying information or do not wish to establish contact by filing a Denial of Information Exchange. Birth relatives other than birth parents who do not wish to establish contact with an adopted or surrendered person or one or more of his or her adoptive parents, legal guardians, or adult children or adult grandchildren may specify with whom they do not wish to exchange identifying information or do not wish to establish contact by filing a Denial of Information Exchange. Birth parents who wish to prohibit the release of their identifying information on the original birth certificate released to an adult adopted or surrendered person who was born after January 1, 1946, or to the surviving adult child, adult grandchild, or surviving spouse of a deceased adopted or surrendered person who was born after January 1, 1946, may do so by filing a Denial with the Registry on or before December 31, 2010. Adoptive parents or legal guardians of adopted or surrendered persons under the age of 21 who do not wish to establish contact with one or more of the adopted or surrendered person's birth relatives may specify with whom they do not wish to exchange identifying information by filing a Denial of Information Exchange. Adoptive parents, adult children, adult grandchildren, and surviving spouses of deceased adoptees who do not wish to exchange identifying information or establish contact with one or more of the adopted or surrendered person's birth relatives may specify with whom they do not wish to exchange identifying information or do not wish to establish contact by filing a Denial of Information Exchange.
|
|
(3) Birth Parent Preference Form. Beginning
|
| January 1, 2011, birth parents who are eligible to register with the Illinois Adoption Registry and Medical Information Exchange and whose birth child was born on or after January 1, 1946 may communicate their wishes regarding contact or may prohibit the release of identifying information on the non-certified copy of the original birth certificate released under subsection (e) of this Section by filing a Birth Parent Preference Form with the Registry. Birth parents whose birth child was born before January 1, 1946, may communicate their wishes regarding contact by completing a Birth Parent Preference Form, selecting Option A, B, C, or D, and filing the form with the Registry, but may not prohibit the release of identifying information. All Birth Parent Preference Forms on file with the Registry at the time of receipt of a Request for a Non-Certified Copy of an Original Birth Certificate from an adult adopted or surrendered person or the surviving adult child, surviving adult grandchild, or surviving spouse of a deceased adopted or surrendered person shall be forwarded to the relevant adopted or surrendered person or surviving adult child, surviving adult grandchild, or surviving spouse of a deceased adopted or surrendered person along with a non-certified copy of the adopted or surrendered person's original birth certificate as outlined in subsection (e) of this Section.
|
|
(e) Procedures for requesting a non-certified copy of
|
| an original birth certificate by an adult adopted or surrendered person or by a surviving adult child, adult grandchild, or surviving spouse of a deceased adopted or surrendered person:
|
|
(1) On or after the effective date of this
|
| amendatory Act of the 96th General Assembly, any adult adopted or surrendered person who was born in Illinois prior to January 1, 1946, may complete and file with the Registry a Request for a Non-Certified Copy of an Original Birth Certificate. The Registry shall provide such adult adopted or surrendered person with an unaltered, non-certified copy of his or her original birth certificate upon receipt of the Request for a Non-Certified Copy of an Original Birth Certificate. Additionally, in cases where an adopted or surrendered person born in Illinois prior to January 1, 1946, is deceased, and one of his or her surviving adult children, adult grandchildren, or his or her surviving spouse has registered with the Registry, he or she may complete and file with the Registry a Request for a Non-Certified Copy of an Original Birth Certificate. The Registry shall provide such surviving adult child, adult grandchild, or surviving spouse with an unaltered, non-certified copy of the adopted or surrendered person's original birth certificate upon receipt of the Request for a Non-Certified Copy of an Original Birth Certificate.
|
|
(2) Beginning November 15, 2011, any adult
|
| adopted or surrendered person who was born in Illinois on or after January 1, 1946, may complete and file with the Registry a Request for a Non-certified Copy of an Original Birth Certificate. Additionally, in cases where the adopted or surrendered person is deceased and one of his or her surviving adult children, adult grandchildren, or his or her surviving spouse has registered with the Registry, he or she may complete and file with the Registry a Request for a Non-Certified Copy of an Original Birth Certificate. Upon receipt of such request from an adult adopted or surrendered person or from one of his or her surviving adult children, adult grandchildren, or his or her surviving spouse, the Registry shall:
|
|
(i) Determine if there is a Denial of
|
| Information Exchange which was filed by a birth parent named on the original birth certificate prior to January 1, 2011. If a Denial was filed by a birth parent named on the original birth certificate prior to January 1, 2011, and there is no proof of death in the Registry file for the birth parent who filed said Denial, the Registry shall inform the requesting adult adopted or surrendered person or the requesting surviving adult child, adult grandchild, or surviving spouse of a deceased adopted or surrendered person that they may receive a non-certified copy of the original birth certificate from which all identifying information pertaining to the birth parent who filed the Denial has been redacted. A requesting adult adopted or surrendered person shall also be informed in writing of his or her right to petition the court for the appointment of a confidential intermediary pursuant to Section 18.3a of this Act and, if applicable, to conduct a search through an agency post-adoption search program once 5 years have elapsed since the birth parent filed the Denial of Information Exchange with the Registry.
|
|
(ii) Determine if a birth parent named on the
|
| original birth certificate has filed a Birth Parent Preference Form. If one of the birth parents named on the original birth certificate filed a Birth Parent Preference Form and selected Option A, B, C, or D, the Registry shall forward to the adult adopted or surrendered person or to the surviving adult child, adult grandchild, or surviving spouse of a deceased adopted or surrendered person a copy of the Birth Parent Preference Form along with an unaltered non-certified copy of his or her original birth certificate. If one of the birth parents named on the original birth certificate filed a Birth Parent Preference Form and selected Option E, and there is no proof of death in the Registry file for the birth parent who filed said Birth Parent Preference Form, the Registry shall inform the requesting adult adopted or surrendered person or the requesting surviving adult child, adult grandchild, or surviving spouse of a deceased adopted or surrendered person that he or she may receive a non-certified copy of the original birth certificate from which identifying information pertaining to the birth parent who completed the Birth Parent Preference Form has been redacted per the birth parent's specifications on the Form. The Registry shall forward to the adult adopted or surrendered person or to the surviving adult child, adult grandchild, or surviving spouse of a deceased adopted or surrendered person a copy of the Birth Parent Preference Form filed by the birth parent from which identifying information has been redacted per the birth parent's specifications on the Form. The requesting adult adopted or surrendered person shall also be informed in writing of his or her right to petition the court for the appointment of a confidential intermediary pursuant to Section 18.3a of this Act, and, if applicable, to conduct a search through an agency post-adoption search program once 5 years have elapsed since the birth parent filed the Birth Parent Preference Form, on which Option E was selected, with the Registry.
|
|
(iii) Determine if a birth parent named on
|
| the original birth certificate has filed an Information Exchange Authorization.
|
|
(iv) If the Registry has confirmed that a
|
| requesting adult adopted or surrendered person or the parent of a requesting adult child of a deceased adopted or surrendered person or the husband or wife of a requesting surviving spouse was not the object of a Denial of Information Exchange filed by a birth parent on or before December 31, 2010, and that no birth parent named on the original birth certificate has filed a Birth Parent Preference Form where Option E was selected prior to the receipt of a Request for a Non-Certified Copy of an Original Birth Certificate, the Registry shall provide the adult adopted or surrendered person or his or her surviving adult child or surviving spouse with an unaltered non-certified copy of the adopted or surrendered person's original birth certificate.
|
|
(3) In cases where the Registry receives a Birth
|
| Parent Preference Form from a birth parent subsequent to the release of the non-certified copy of the original birth certificate to an adult adopted or surrendered person or to the surviving adult child, adult grandchild, or surviving spouse of a deceased adopted or surrendered person, the Birth Parent Preference Form shall be immediately forwarded to the adult adopted or surrendered person or to the surviving adult child, adult grandchild, or surviving spouse of the deceased adopted or surrendered person and the birth parent who filed the form shall be informed that the relevant original birth certificate has already been released.
|
|
(4) A copy of the original birth certificate
|
| shall only be released to adopted or surrendered persons who were born in Illinois; to surviving adult children, adult grandchildren, or surviving spouses of deceased adopted or surrendered persons who were born in Illinois; or to 2 registered parties who have both consented to the release of a non-certified copy of the original birth certificate to one another through the Registry when the birth of the relevant adopted or surrendered person took place in Illinois.
|
|
(5) In cases where the Registry receives a
|
| Request for a Non-Certified Copy of an Original Birth Certificate from an adult adopted or surrendered person who has not completed a Registry application and the file of that adopted or surrendered person includes an Information Exchange Authorization, Birth Parent Preference Form, or Medical Information Exchange Questionnaire from one or more of his or her birth relatives, the Registry shall so inform the adult adopted or surrendered person and forward Registry application forms to him or her along with a non-certified copy of the original birth certificate consistent with the procedures outlined in this subsection (e).
|
|
(6) In cases where a birth parent registered with
|
| the Registry and filed a Medical Information Exchange Questionnaire prior to the effective date of this amendatory Act of the 96th General Assembly but gave no indication as to his or her wishes regarding contact or the sharing of identifying information, the Registry shall contact the birth parent by written letter prior to January 1, 2011, and provide him or her with the opportunity to indicate his or her preference regarding contact and the sharing of identifying information by submitting a Birth Parent Preference Form to the Registry prior to November 1, 2011.
|
|
(7) In cases where the Registry cannot locate a
|
| copy of the original birth certificate in the Registry file, they shall be authorized to request a copy of the original birth certificate from the Illinois county where the birth took place for placement in the Registry file.
|
|
(8) Adopted and surrendered persons who wish to
|
| have their names placed with the Illinois Adoption Registry and Medical Information Exchange may do so by completing a Registry application at any time, but completing a Registry application shall not be required for adopted and surrendered persons who seek only to obtain a copy of their original birth certificate or any relevant Birth Parent Preference Forms through the Registry.
|
|
(9) In cases where a birth parent filed a Denial
|
| of Information Exchange with the Registry prior to January 1, 2011, or filed a Birth Parent Preference Form with the Registry and selected Option E after January 1, 2011, and a proof of death for the birth parent who filed the Denial or the Birth Parent Preference Form has been filed with the Registry by a confidential intermediary, a surviving relative of the deceased birth parent, or a birth child of the deceased birth parent, the Registry shall be authorized to release an unaltered non-certified copy of the original birth certificate to an adult adopted or surrendered person or to the surviving adult child, adult grandchild, or surviving spouse of a deceased adopted or surrendered person who has filed a Request for a Non-Certified Copy of the Original Birth Certificate with the Registry.
|
|
(10) On and after the effective date of this
|
| amendatory Act of the 96th General Assembly, in cases where all birth parents named on the original birth certificate of an adopted or surrendered person born after January 1, 1946, are deceased and copies of death certificates for all birth parents named on the original birth certificate have been filed with the Registry by either a confidential intermediary, a surviving relative of the deceased birth parent, or a birth child of the deceased birth parent, the Registry shall be authorized to release a non-certified copy of the original birth certificate to the adopted or surrendered person upon receipt of his or her Request for a Non-Certified Copy of an Original Birth Certificate.
|
|
(f) A registrant may complete all or any part of the
|
| Illinois Adoption Registry Application. All Illinois Adoption Registry Applications, Information Exchange Authorizations, Denials of Information Exchange, requests to revoke an Information Exchange Authorization or Denial of Information Exchange, Birth Parent Preference Forms, and affidavits submitted to the Registry shall be accompanied by proof of identification.
|
|
(Source: P.A. 98-704, eff. 1-1-15; 99-345, eff. 1-1-16.)
|
(750 ILCS 50/18.2) (from Ch. 40, par. 1522.2)
Sec. 18.2. Forms.
(a) The Department shall develop the Illinois Adoption Registry forms as provided in this Section. The General Assembly shall reexamine the content of the form as requested by the Department, in consultation with the Registry Advisory Council. The form of the Birth Parent Registration
Identification Form shall be substantially as follows:
BIRTH PARENT REGISTRATION IDENTIFICATION
(Insert all known information)
I, ....., state that I am the ...... (mother or father) of the
following child:
Child's original name: ..... (first) ..... (middle) ..... |
| (last), ..... (hour of birth), ..... (date of birth), ..... (city and state of birth), ..... (name of hospital).
|
|
Father's full name: ...... (first) ...... (middle) .....
|
| (last), ..... (date of birth), ..... (city and state of birth).
|
|
Name of mother inserted on birth certificate: .....
|
| (first) ..... (middle) ..... (last), ..... (race), ..... (date of birth), ...... (city and state of birth).
|
|
That I surrendered my child to: ............. (name of
|
| agency), ..... (city and state of agency), ..... (approximate date child surrendered).
|
|
That I placed my child by private adoption: ..... (date),
|
|
Name of adoptive parents, if known: ......
Other identifying information: .....
........................
(Signature of parent)
............ ........................(date) (printed name of parent)
(b) The form of the Adopted Person
Registration Identification shall be substantially
as follows:
ADOPTED PERSON
REGISTRATION IDENTIFICATION
(Insert all known information)
I, ....., state the following:
Adopted Person's present name: ..... (first) ..... |
|
Adopted Person's name at birth (if known): ..... (first)
|
| ..... (middle) ..... (last), ..... (birth date), ..... (city and state of birth), ...... (sex), ..... (race).
|
|
Name of adoptive father: ..... (first) ..... (middle)
|
| ..... (last), ..... (race).
|
|
Maiden name of adoptive mother: ..... (first) .....
|
| (middle) ..... (last), ..... (race).
|
|
Name of birth mother (if known): ..... (first) .....
|
| (middle) ..... (last), ..... (race).
|
|
Name of birth father (if known): ..... (first) .....
|
| (middle) ..... (last), ..... (race).
|
|
Name(s) at birth of sibling(s) having a common birth
|
| parent with adoptee (if known): ..... (first) ..... (middle) ..... (last), ..... (race), and name of common birth parent: ..... (first) ..... (middle) ..... (last), ..... (race).
|
|
I was adopted through: ..... (name of agency).
I was adopted privately: ..... (state "yes" if known).
I was adopted in ..... (city and state), ..... (approximate
|
|
Other identifying information: .............
......................
(signature of adoptee)
........... .........................(date) (printed name of adoptee)
(c) The form of the Surrendered Person Registration Identification shall be
substantially as follows:
SURRENDERED PERSON REGISTRATION
IDENTIFICATION
(Insert all known information)
I, ....., state the following:
Surrendered Person's present name: ..... (first) ..... |
|
Surrendered Person's name at birth (if known): .....
|
| (first) ..... (middle) ..... (last), .....(birth date), ..... (city and state of birth), ...... (sex), ..... (race).
|
|
Name of guardian father: ..... (first) ..... (middle)
|
| ..... (last), ..... (race).
|
|
Maiden name of guardian mother: ..... (first) .....
|
| (middle) ..... (last), ..... (race).
|
|
Name of birth mother (if known): ..... (first) .....
|
| (middle) ..... (last) ..... (race).
|
|
Name of birth father (if known): ..... (first) .....
|
| (middle) ..... (last), .....(race).
|
|
Name(s) at birth of sibling(s) having a common birth
|
| parent with surrendered person (if known): ..... (first) ..... (middle) ..... (last), ..... (race), and name of common birth parent: ..... (first) ..... (middle) ..... (last), ..... (race).
|
|
I was surrendered for adoption to: ..... (name of agency).
I was surrendered for adoption in ..... (city and state),
|
| ..... (approximate date).
|
|
Other identifying information: ............
................................
(signature of surrendered person)
............ ......................(date) (printed name of person surrendered for adoption)
(c-3) The form of the Registration Identification Form for Surviving Relatives of Deceased Birth Parents shall be substantially as follows:
REGISTRATION IDENTIFICATION FORM
FOR SURVIVING RELATIVES OF DECEASED BIRTH PARENTS
(Insert all known information)
I, ....., state the following:
Name of deceased birth parent at time of surrender:
Deceased birth parent's date of birth:
Deceased birth parent's date of death:
Adopted or surrendered person's name at birth (if known): |
| .....(first) ..... (middle) ..... (last), .....(birth date), ..... (city and state of birth), ...... (sex), ..... (race).
|
|
My relationship to the adopted or surrendered person (check one): (birth parent's non-surrendered child) (birth parent's parent) (birth parent's sister) (birth parent's brother).
If you are a non-surrendered child of the birth parent, provide name(s) at birth and age(s) of non-surrendered siblings having a common parent with the birth parent. If more than one sibling, please give information requested below on reverse side of this form. If you are a sibling or parent of the birth parent, provide name(s) at birth and age(s) of the sibling(s) of the birth parent. If more than one sibling, please give information requested below on reverse side of this form.
Name (First) ..... (middle) ..... (last), .....(birth
|
| date), ..... (city and state of birth), ...... (sex), ..... (race).
|
|
Name(s) of common parent(s) (first) ..... (middle) .....
|
| (last), .....(race), (first) ..... (middle) ..... (last), .....(race).
|
|
My birth sibling/child of my brother/child of my sister/ was surrendered for adoption to ..... (name of agency) City and state of agency ..... Date .....(approximate) Other identifying information ..... (Please note that you must: (i) be at least 21 years of age to register; (ii) submit with your registration a certified copy of the birth parent's birth certificate; (iii) submit a certified copy of the birth parent's death certificate; and (iv) if you are a non-surrendered birth sibling or a sibling of the deceased birth parent, also submit a certified copy of your birth certificate with this registration. No application from a surviving relative of a deceased birth parent can be accepted if the birth parent filed a Denial of Information Exchange prior to his or her death.)
................................
(signature of birth parent's surviving relative)
............ ............(date) (printed name of birth parent's surviving relative) (c-5) The form of the Registration Identification Form for Surviving Relatives of Deceased Adopted or Surrendered Persons shall be substantially as follows:
REGISTRATION IDENTIFICATION FORM FOR
SURVIVING RELATIVES OF DECEASED ADOPTED OR SURRENDERED PERSONS
(Insert all known information)
I, ....., state the following:
Adopted or surrendered person's name at birth (if known): |
| (first) ..... (middle) ..... (last), .....(birth date), ..... (city and state of birth), ...... (sex), ..... (race).
|
|
Adopted or surrendered person's date of death:
My relationship to the deceased adopted or surrendered person(check one): (adoptive mother) (adoptive father) (adult child) (surviving spouse).
If you are an adult child or surviving spouse of the adopted or surrendered person, provide name(s) at birth and age(s) of the children of the adopted or surrendered person. If the adopted or surrendered person had more than one child, please give information requested below on reverse side of this form.
Name (first) ..... (middle) ..... (last), .....(birth
|
| date), ..... (city and state of birth), ...... (sex), ..... (race).
|
|
Name(s) of common parent(s) (first) ..... (middle) .....
|
| (last), .....(race), (first) ..... (middle) ..... (last), .....(race).
|
|
My child/parent/deceased spouse was surrendered for
|
| adoption to .....(name of agency) City and state of agency ..... Date ..... (approximate) Other identifying information ..... (Please note that you must: (i) be at least 21 years of age to register; (ii) submit with your registration a certified copy of the adopted or surrendered person's death certificate; (iii) if you are the child of a deceased adopted or surrendered person, also submit a certified copy of your birth certificate with this registration; and (iv) if you are the surviving wife or husband of a deceased adopted or surrendered person, also submit a copy of your marriage certificate with this registration. No application from a surviving relative of a deceased adopted or surrendered person can be accepted if the adopted or surrendered person filed a Denial of Information Exchange prior to his or her death.)
|
|
................................
(signature of adopted or surrendered person's surviving
relative) ............ ............(date) (printed name of adopted person's surviving relative)
(d) The form of the Information Exchange Authorization shall be
substantially
as follows:
INFORMATION EXCHANGE AUTHORIZATION
I, ....., state that I am the person who completed the Registration
Identification; that I am of the age of ..... years; that I hereby
authorize the Department of Public Health to give to the following person(s)
(birth mother)
(birth father) (birth sibling) (adopted or surrendered person) (adoptive mother) (adoptive father) (legal guardian of an adopted or surrendered person) (birth grandparent) (birth aunt) (birth uncle) (adult child of a deceased adopted or surrendered person) (surviving spouse of a deceased adopted or surrendered person) (all eligible relatives) the following
(please check the
information
authorized for exchange):
[ ] 1. Only my name and last known address.
[ ] 2. A copy of my Illinois Adoption Registry |
|
[ ] 3. A non-certified copy of the adopted or
|
| surrendered person's original certificate of live birth (check only if you are an adopted or surrendered person or the surviving adult child or surviving spouse of a deceased adopted or surrendered person).
|
|
[ ] 4. A copy of my completed medical
|
|
I am fully aware that I can only be supplied with
information about an individual or individuals who have
duly
executed an Information Exchange Authorization that
has
not been revoked or, if I am an adopted or surrendered person, from a birth parent who completed a Birth Parent Preference Form and did not prohibit the release of his or her identity to me; that I can be contacted by writing to: ..... (own name or
name of person to contact) (address) (phone number).
NOTE: New IARMIE registrants who do not complete a Medical Information Exchange Questionnaire and release a copy of their questionnaire to at least one Registry applicant must pay a $15 registration fee. Dated (insert date).
.............. (signature)
(e) The form of the Denial of Information Exchange shall be
substantially as follows:
DENIAL OF INFORMATION EXCHANGE
I, ....., state that I am the person who completed the Registration
Identification; that I am of the age of ..... years; that I hereby
instruct the Department of Public Health not to give any identifying
information about me to the following person(s)
(birth mother) (birth father) (birth sibling) (adopted or surrendered person) (adoptive mother) (adoptive father) (legal guardian of an adopted or surrendered person) (birth grandparent) (birth aunt) (birth uncle) (adult child of a deceased adopted or surrendered person) (surviving spouse of a deceased adopted or surrendered person) (all eligible relatives).
I do/do not (circle appropriate response) authorize the Registry to release a copy of my completed Medical Information Exchange Questionnaire to qualified Registry applicants.
NOTE: New IARMIE registrants who do not complete a Medical Information Exchange Questionnaire and release a copy of their questionnaire to at least one Registry applicant must pay a $15 registration fee.
Birth parents filing a Denial of Information Exchange are advised that, under Illinois law, an adult adopted person may initiate a search for a birth parent who has filed a Denial of Information Exchange or Birth Parent Preference Form on which Option E was selected through the State confidential intermediary program once 5 years have elapsed since the filing of the Denial of Information Exchange or Birth Parent Preference Form.
Dated (insert date).
............... (signature)
(f) The form of the Birth Parent Preference Form shall be substantially as follows: In recognition of the basic right of all persons to access their birth records, Illinois law now provides for the release of original birth certificates to adopted and surrendered persons 21 years of age or older upon request. While many birth parents are comfortable sharing their identities or initiating contact with their birth sons and daughters once they have reached adulthood, Illinois law also recognizes that there may be unique situations where a birth parent might have a compelling reason for not wishing to establish contact with a birth son or birth daughter or for not wishing to release identifying information that appears on the original birth certificate of a birth son or birth daughter who has reached adulthood. The Illinois Adoption Registry and Medical Information Exchange (IARMIE) has therefore established the attached form to allow birth parents to express their preferences regarding contact; and, if their birth child was born on or after January 1, 1946, to express their wishes regarding the sharing of identifying information listed on the original birth certificate with an adult adopted or surrendered person who has reached the age of 21 or his or her surviving relatives. In selecting one of the 5 options below, birth parents should keep in mind that the decision to deny an adult adopted or surrendered person access to identifying information on his or her original birth record and/or information about genetically-transmitted diseases is an important decision that may impact the adopted or surrendered person's life in many ways. A request for anonymity on this form only pertains to information that is provided to an adult adopted or surrendered person or his or her surviving relatives through the Registry. This will not prevent the disclosure of identifying information that may be available to the adoptee through his or her adoptive parents and/or other means available to him or her. Birth parents who would prefer not to be contacted by their surrendered son or daughter are strongly urged to complete both the Non-Identifying Information Section included on the final page of the attached form and the Medical Questionnaire in order to provide their surrendered son or daughter with the background information he or she may need to better understand his or her origins. Birth parents whose birth son or birth daughter is under 21 years of age at the time of the completion of this form are reminded that no original birth certificate will be released by the IARMIE before an adoptee has reached the age of 21. Should you need additional assistance in completing this form, please contact the agency that handled the adoption, if applicable, or the Illinois Adoption Registry and Medical Information Exchange at 877-323-5299. After careful consideration, I have made the following decision regarding contact with my birth son/birth daughter, (insert birth son's/birth daughter's name at birth, if applicable) ......, who was born in (insert city/town of birth) ...... on (insert date of birth)...... and the release of my identifying information as it appears on his/her original birth certificate when he/she reaches the age of 21, and I have chosen Option ...... (insert A, B, C, D, or E, as applicable). I realize that this form must be accompanied by a completed IARMIE application form as well as a Medical Information Exchange Questionnaire or the $15 registration fee. I am also aware that I may revoke this decision at any time by completing a new Birth Parent Preference Form and filing it with the IARMIE. I understand that it is my responsibility to update the IARMIE with any changes to contact information provided below. I also understand that, while preferences regarding the release of identifying information through the Registry are binding unless the law should change in the future, any selection I have made regarding my preferred method of contact is not............................................................... (Signature/Date) (Please insert your signature and today's date above, as well as under your chosen option, A, B, C, D, or E below.) Option A. My birth son or birth daughter was born on or after January 1, 1946, and I agree to the release of my identifying information as it appears on my birth son's/birth daughter's original birth certificate, OR my birth son or birth daughter was born prior to January 1, 1946. I would welcome direct contact with my birth son/birth daughter when he or she has reached the age of 21. In addition, before my birth son or birth daughter has reached the age of 21 or in the event of his or her death, I would welcome contact with the following relatives of my birth child (circle all that apply): adoptive mother, adoptive father, surviving spouse, surviving adult child. I wish to be contacted at the following mailing address, email address or phone number: .............................................................. .............................................................. .............................................................. .............................................................. (Signature/Date) Option B. My birth son or birth daughter was born on or after January 1, 1946, and I agree to the release of my identifying information as it appears on my birth son's/birth daughter's original birth certificate, OR my birth son or birth daughter was born prior to January 1, 1946. I would welcome contact with my birth son/birth daughter when he or she has reached the age of 21. In addition, before my birth son or birth daughter has reached the age of 21 or in the event of his or her death, I would welcome contact with the following relatives of my birth child (circle all that apply): adoptive mother, adoptive father, surviving spouse, surviving adult child. I would prefer to be contacted through the following person. (Insert name and mailing address, email address or phone number of chosen contact person.) .............................................................. .............................................................. (Signature/Date) Option C. My birth son or birth daughter was born on or after January 1, 1946, and I agree to the release of my identifying information as it appears on my birth son's/birth daughter's original birth certificate, OR my birth son or birth daughter was born prior to January 1, 1946. I would welcome contact with my birth son/birth daughter when he or she has reached the age of 21. In addition, before my birth son or birth daughter has reached the age of 21 or in the event of his or her death, I would welcome contact with the following relatives of my birth child (circle all that apply): adoptive mother, adoptive father, surviving spouse, surviving adult child. I would prefer to be contacted through the Illinois Confidential Intermediary Program (please call 800-526-9022 for additional information) or through the agency that handled the adoption. (Insert agency name, address and phone number, if applicable.) .............................................................. .............................................................. (Signature/Date) Option D. My birth son or birth daughter was born on or after January 1, 1946, and I agree to the release of my identifying information as it appears on my birth son's/birth daughter's original birth certificate when he or she has reached the age of 21, OR my birth son or birth daughter was born prior to January 1, 1946. I would prefer not to be contacted by my birth son/birth daughter or his or her adoptive parents or surviving relatives............................................................... (Signature/Date) Option E. My birth son or birth daughter was born on or after January 1, 1946, and I wish to prohibit the release of my (circle ALL applicable options) first name, last name, last known address, birth son/birth daughter's last name (if last name listed is same as mine), as they appear on my birth son's/birth daughter's original birth certificate and do not wish to be contacted by my birth son/birth daughter when he or she has reached the age of 21. If there were any special circumstances that played a role in your decision to remain anonymous which you would like to share with your birth son/birth daughter, please list them in the space provided below (optional). .............................................................. .............................................................. I understand that, although I have chosen to prohibit the release of my identity on the non-certified copy of the original birth certificate released to my birth son/birth daughter, he or she may request that a court-appointed confidential intermediary contact me to request updated medical information and/or confirm my desire to remain anonymous once 5 years have elapsed since the signing of this form; at the time of this subsequent search, I wish to be contacted through the person named below. (Insert in blank area below the name and phone number of the contact person, or leave it blank if you wish to be contacted directly.) I also understand that this request for anonymity shall expire upon my death. .............................................................. .............................................................. (Signature/Date) NOTE: A copy of this form will be forwarded to your birth son or birth daughter should he or she file a request for his or her original birth certificate with the IARMIE. However, if you have selected Option E, identifying information, per your specifications above, will be deleted from the copy of this form forwarded to your birth son or daughter during your lifetime. In the event that an adopted or surrendered person is deceased, his or her surviving adult children may request a copy of the adopted or surrendered person's original birth certificate providing they have registered with the IARMIE; the copy of this form and the non-certified copy of the original birth certificate forwarded to the surviving child of the adopted or surrendered person shall be redacted per your specifications on this form during your lifetime. Non-Identifying Information Section
I wish to voluntarily provide the following non-identifying information to my birth son or birth daughter:
My age at the time of my child's birth was .........
My race is best described as: ..........................My height is: .........My body type is best described as (circle one): slim, average, muscular, a few extra pounds, or more than a few extra pounds.
My natural hair color is/was: ..................My eye color is: ..................My religion is best described as: ..................
My ethnic background is best described as: ..................
My educational level is closest to (circle applicable response): completed elementary school, graduated from high school, attended college, earned bachelor's degree, earned master's degree, earned doctoral degree.
My occupation is best described as ..................My hobbies include ..................My interests include ..................My talents include ..................In addition to my surrendered son or daughter, I also am the biological parent of (insert number) ....... boys and (insert number) ....... girls, of whom (insert number) ....... are still living.
The relationship between me and my child's birth mother/birth father would best be described as (circle appropriate response): husband and wife, ex-spouses, boyfriend and girlfriend, casual acquaintances, other (please specify) .............. (g) The form of the Request for a Non-Certified Copy of an Original Birth Certificate shall be substantially as follows: REQUEST FOR A NON-CERTIFIED COPY OF AN ORIGINAL BIRTH CERTIFICATE I, (requesting party's full name) ....., hereby request a non-certified copy of (check appropriate option) ..... my original birth certificate ..... the original birth certificate of my deceased adopted or surrendered parent ..... the original birth certificate of my deceased adopted or surrendered spouse (insert deceased parent's/deceased spouse's name at adoption) ...... I/my deceased parent/my deceased spouse was born in (insert city and county of adopted or surrendered person's birth) ..... on ..... (insert adopted or surrendered person's date of birth). In the event that one or both of my/my deceased parent's/my deceased spouse's birth parents has requested that their identity not be released to me/to my deceased parent/to my deceased spouse, I wish to (check appropriate option) ..... a. receive a non-certified copy of the original birth certificate from which identifying information pertaining to the birth parent who requested anonymity has been deleted; or ..... b. I do not wish to receive an altered copy of the original birth certificate. Dated (insert date). ................... (signature)
(h) Any Information Exchange Authorization, Denial of Information
Exchange, or Birth Parent Preference Form filed with the Registry, or Request for a Non-Certified Copy of an Original Birth Certificate filed with the Registry by a surviving adult child or surviving spouse of a deceased adopted or surrendered person, shall be acknowledged by the person who filed it before a notary
public, in form
substantially as follows:
State of ..............County of .............
I, a Notary Public, in and for the said County, in the State aforesaid,
do hereby certify that ............... personally known to me to be the
same person whose name is subscribed to the foregoing certificate of
acknowledgement, appeared before me in person and acknowledged that (he or
she) signed such certificate as (his or her) free and voluntary act and
that the statements in such certificate are true.
Given under my hand and notarial seal on (insert date).
.........................
(signature)
(i) When the execution of an Information Exchange
Authorization, Denial of Information Exchange, or Birth Parent Preference Form or Request for a Non-Certified Copy of an Original Birth Certificate completed by a surviving adult child or surviving spouse of a deceased adopted or surrendered person is acknowledged before a
representative of an agency, such representative shall have his signature
on said Certificate acknowledged before a notary public, in form substantially
as follows:
State of..........County of.........
I, a Notary Public, in and for the said County, in the State aforesaid,
do hereby certify that ..... personally known to me to be the same person
whose name is subscribed to the foregoing certificate of acknowledgement,
appeared before me in person and acknowledged that (he or she) signed such
certificate as (his or her) free and voluntary act and that the statements
in such certificate are true.
Given under my hand and notarial seal on (insert date).
.......................
(signature)
(j) When an Illinois Adoption Registry Application,
Information
Exchange Authorization, Denial of
Information Exchange, Birth Parent Preference Form, or Request for a Non-Certified Copy of an Original Birth Certificate completed by a surviving adult child or surviving spouse of a deceased adopted or surrendered person is executed in a foreign country, the
execution of such
document shall be acknowledged or affirmed before an officer of the United
States consular services.
(k) If the person signing an Information Exchange
Authorization, Denial of Information, Birth Parent Preference Form, or Request for a Non-Certified Copy of an Original Birth Certificate completed by a surviving adult child or surviving spouse of a deceased adopted or surrendered person is in the military service of the
United States, the execution of such document may be acknowledged before a
commissioned officer and the signature of such officer on such certificate
shall be verified or acknowledged before a notary public or by such other
procedure as is then in effect for such division or branch of the armed forces.
(l) An adopted or surrendered person, surviving adult child, adult grandchild, surviving spouse, or birth parent of an adult adopted person who completes a Request For a Non-Certified Copy of the Original Birth Certificate shall meet the same filing requirements and pay the same filing fees as a non-adopted person seeking to obtain a copy of his or her original birth certificate.
(m) Beginning on January 1, 2015, any birth parent of an adult adopted person named on the original birth certificate may request a non-certified copy of the original birth certificate reflecting the birth of the adult adopted person, provided that: (1) any non-certified copy of the original birth |
| certificate released under this subsection (m) shall not reflect the State file number on the original birth certificate; and
|
|
(2) if the Department of Public Health does not
|
| locate the original birth certificate, it shall issue a certification of no record found.
|
|
(Source: P.A. 98-704, eff. 1-1-15; 99-78, eff. 7-20-15; 99-345, eff. 1-1-16.)
|
(750 ILCS 50/18.3a) (from Ch. 40, par. 1522.3a)
Sec. 18.3a. Confidential intermediary.
(a) General purposes.
Notwithstanding any other provision of
this Act, (1) any adopted or surrendered person 21 years of age |
|
(2) any adoptive parent or legal guardian of an
|
| adopted or surrendered person under the age of 21; or
|
|
(3) any birth parent of an adopted or surrendered
|
| person who is 21 years of age or over; or
|
|
(4) any adult child or adult grandchild of a deceased
|
| adopted or surrendered person; or
|
|
(5) any adoptive parent or surviving spouse of a
|
| deceased adopted or surrendered person; or
|
|
(6) any adult birth sibling of the adult adopted or
|
| surrendered person unless the birth parent has checked Option E on the Birth Parent Preference Form or has filed a Denial of Information Exchange with the Registry and is not deceased; or
|
|
(7) any adult adopted birth sibling of an adult
|
| adopted or surrendered person; or
|
|
(8) any adult birth sibling of the birth parent if
|
| the birth parent is deceased; or
|
|
(9) any birth grandparent
may petition the court in any county in
the
State of Illinois for appointment of a confidential intermediary as provided in
this Section for the purpose of exchanging medical information with one or
more mutually consenting biological relatives, obtaining identifying
information about one or more mutually consenting biological relatives, or
arranging contact with one or more mutually consenting biological relatives.
The petitioner shall be required to accompany his or her petition with proof of registration with the Illinois Adoption Registry and Medical Information Exchange.
(a-5) In addition, any former youth in care as defined in Section 4d of the Children and Family Services Act who was adopted or surrendered may petition the court in any county in the State for appointment of a confidential intermediary as provided in this Section for the purposes of obtaining identifying information or arranging contact with (i) siblings or birth relatives if the former youth in care is between the ages of 18 and 21 or (ii) former foster parents or foster siblings if the former youth in care is over the age of 18. A petitioner under this subsection is not required to register with the Illinois Adoption Registry and Medical Information Exchange.
(b) Petition. Upon petition, the
court
shall appoint a confidential intermediary.
The petition shall indicate if the petitioner wants to do any
one or more of the following as to the sought-after relative or relatives: exchange medical information with the
biological relative or relatives, obtain identifying information from the
biological relative or relatives, or to arrange contact with the biological
relative.
(c) Order. The order appointing the confidential intermediary shall allow
that
intermediary to conduct a search for the sought-after relative by accessing
those records described in subsection (g) of this Section.
(d) Fees and expenses. The court shall not condition the appointment of the
confidential intermediary on the payment of the intermediary's
fees and expenses in advance of the commencement of the work of the
confidential intermediary. No fee shall be charged to any petitioner.
(e) Eligibility of intermediary. The court may appoint as confidential
intermediary any
person certified by the Department of Children and Family Services as qualified to serve as a confidential
intermediary.
Certification shall be dependent upon the
confidential intermediary completing a course of training including, but not
limited to, applicable federal and State privacy laws.
(f) (Blank).
(g) Confidential intermediary access to information. Subject to the limitations of subsection (i) of this
Section, the
confidential
intermediary shall have access to vital records maintained by the Department of
Public Health and its local designees for the maintenance of vital records, or a comparable public entity that maintains vital records in another state in accordance with that state's laws, and
all records of the court or any adoption agency,
public
or private, as limited in this Section, which relate to the adoption or the identity and location of an
adopted or surrendered person, of an adult child or surviving spouse of a deceased adopted or surrendered person, or of a birth
parent, birth sibling, or the sibling of a deceased birth parent. The
confidential intermediary shall not have access to any personal health
information protected by the Standards for Privacy of Individually
Identifiable Health Information adopted by the U.S. Department of Health and
Human Services under the Health Insurance Portability and Accountability Act of
1996 unless the confidential intermediary has obtained written consent from the
person whose information is being sought by an adult adopted or surrendered person or, if that person is a minor child,
that person's parent or guardian. Confidential
intermediaries shall be authorized to inspect confidential relinquishment and
adoption records. The confidential intermediary shall not be authorized to
access medical
records, financial records, credit records, banking records, home studies,
attorney file records, or other personal records.
In cases where a birth parent is being sought, an adoption agency shall inform
the confidential intermediary of any statement filed pursuant to Section 18.3, hereinafter referred to as "the 18.3 statement",
indicating a desire of the surrendering birth parent to have identifying
information shared or to not have identifying information shared. Information
provided to the confidential intermediary by an adoption agency shall be
restricted to the full name, date of birth, place of birth, last known address,
last known telephone number of the sought-after relative or, if applicable,
of the children or siblings of the sought-after relative, and the 18.3 statement. If the petitioner is an adult adopted or surrendered person or the adoptive parent of a minor and if the petitioner has signed a written authorization to disclose personal medical information, an adoption agency disclosing information to a confidential intermediary shall disclose available medical information about the adopted or surrendered person from birth through adoption.
(h) Missing or lost original birth certificate; remedy. Disclosure of information by the confidential intermediary shall be consistent with the public policy and intent of laws granting original birth certificate access as expressed in Section 18.04 of this Act. The confidential intermediary shall comply with the following procedures in disclosing information to the petitioners:
(1) If the petitioner is an adult adopted or
|
| surrendered person, or the adult child, adult grandchild, or surviving spouse of a deceased adopted or surrendered person, the confidential intermediary shall disclose:
|
|
(A) identifying information about the birth
|
| parent of the adopted person which, in the ordinary course of business, would have been reflected on the original filed certificate of birth, as of the date of birth, only if:
|
|
(i) the adopted person was born before
|
| January 1, 1946 and the petitioner has requested a non-certified copy of the adopted person's original birth certificate under Section 18.1 of this Act, and the Illinois Department of Public Health has issued a certification that the original birth certificate was not found, or the petitioner has presented the confidential intermediary with the non-certified copy of the original birth certificate which omits the name of the birth parent;
|
|
(ii) the adopted person was born after
|
| January 1, 1946, and the petitioner has requested a non-certified copy of the adopted person's original birth certificate under Section 18.1 of this Act and the Illinois Department of Public Health has issued a certification that the original birth certificate was not found.
|
|
In providing information pursuant to this
|
| subdivision (h)(1)(A), the confidential intermediary shall expressly inform the petitioner in writing that since the identifying information is not from an official original certificate of birth filed pursuant to the Vital Records Act, the confidential intermediary cannot attest to the complete accuracy of the information and the confidential intermediary shall not be liable if the information disclosed is not accurate. Only information from the court files shall be provided to the petitioner in this Section. If the identifying information concerning a birth father is sought by the petitioner, the confidential intermediary shall disclose only the identifying information of the birth father as defined in Section 18.06 of this Act;
|
|
(B) the name of the child welfare agency which
|
| had legal custody of the surrendered person or responsibility for placing the surrendered person and any available contact information for such agency;
|
|
(C) the name of the state in which the surrender
|
| occurred or in which the adoption was finalized; and
|
|
(D) any information for which the sought-after
|
| relative has provided his or her consent to disclose under paragraphs (1) through (4) of subsection (i) of this Section.
|
|
(2) If the petitioner is an adult adopted or
|
| surrendered person, or the adoptive parent of an adult adopted or surrendered person under the age of 21, or the adoptive parent of a deceased adopted or surrendered person, the confidential intermediary shall provide, in addition to the information listed in paragraph (1) of this subsection (h):
|
|
(A) any information which the adoption agency
|
| provides pursuant to subsection (i) of this Section pertaining to medical information about the adopted or surrendered person; and
|
|
(B) any non-identifying information, as defined
|
| in Section 18.4 of this Act, that is obtained during the search.
|
|
(3) If the petitioner is not defined in paragraph (1)
|
| or (2) of this subsection, the confidential intermediary shall provide to the petitioner:
|
|
(A) any information for which the sought-after
|
| relative has provided his or her consent under paragraphs (1) through (4) of subsection (i) of this Section;
|
|
(B) the name of the child welfare agency which
|
| had legal custody of the surrendered person or responsibility for placing the surrendered person and any available contact information for such agency; and
|
|
(C) the name of the state in which the surrender
|
| occurred or in which the adoption was finalized.
|
|
(h-5) Disclosure of information shall be made by the confidential intermediary at any time from the appointment of the confidential intermediary and the court's issuance of an order of dismissal.
(i) Duties of confidential intermediary in conducting a search. In
conducting
a search under this Section, the confidential intermediary shall first determine whether there is a Denial of Information Exchange or a Birth Parent Preference Form with Option E selected or an 18.3 statement referenced in subsection (g) of this Section on file with the Illinois
Adoption Registry. If there is a denial, the Birth Parent Preference Form on file with the Registry and the birth parent who completed the form selected Option E, or if there is an 18.3 statement indicating the birth parent's intent not to have identifying information shared and the birth parent did not later file an Information Exchange Authorization with the Registry, the confidential intermediary must discontinue the search unless 5 years or more have elapsed since the execution of the Denial of Information Exchange, Birth Parent Preference Form, or the 18.3 statement. If a birth parent was previously the subject of a search through the State confidential intermediary program, the confidential intermediary shall inform the petitioner of the need to discontinue the search until 10 years or more have elapsed since the initial search was closed. In cases where a birth parent has been the object of 2 searches through the State confidential intermediary program, no subsequent search for the birth parent shall be authorized absent a court order to the contrary.
In conducting a search under this Section, the confidential intermediary
shall attempt to locate the relative or relatives from whom the petitioner has
requested information. If the sought-after relative is deceased
or cannot be located after a diligent search, the
confidential intermediary may contact other adult relatives of the
sought-after relative.
The confidential intermediary shall contact a sought-after relative on
behalf of the petitioner in a manner that respects the sought-after relative's
privacy and shall inform the sought-after relative of the petitioner's request
for medical information, identifying information or contact as stated in the
petition. Based upon the terms of the petitioner's request, the confidential
intermediary shall contact a sought-after relative on behalf of the petitioner
and inform the sought-after relative of the following options:
(1) The sought-after relative may totally reject one
|
| or all of the requests for medical information, identifying information or contact. The sought-after relative shall be informed that they can provide a medical questionnaire to be forwarded to the petitioner without releasing any identifying information. The confidential intermediary shall inform the petitioner of the sought-after relative's decision to reject the sharing of information or contact.
|
|
(2) The sought-after relative may consent to
|
| completing a medical questionnaire only. In this case, the confidential intermediary shall provide the questionnaire and ask the sought-after relative to complete it. The confidential intermediary shall forward the completed questionnaire to the petitioner and inform the petitioner of the sought-after relative's desire to not provide any additional information.
|
|
(3) The sought-after relative may communicate with
|
| the petitioner without having his or her identity disclosed. In this case, the confidential intermediary shall arrange the desired communication in a manner that protects the identity of the sought-after relative. The confidential intermediary shall inform the petitioner of the sought-after relative's decision to communicate but not disclose his or her identity.
|
|
(4) The sought-after relative may consent to initiate
|
| contact with the petitioner. The confidential intermediary shall obtain written consents from both parties that they wish to disclose their identities to each other and to have contact with each other.
|
|
(j) Oath. The confidential intermediary shall sign an oath of
confidentiality substantially as follows: "I, .........., being duly sworn, on
oath depose and say: As a condition of appointment as a confidential
intermediary, I affirm that:
(1) I will not disclose to the petitioner, directly
|
| or indirectly, any confidential information except in a manner consistent with the law.
|
|
(2) I recognize that violation of this oath subjects
|
| me to civil liability and to a potential finding of contempt of court. ................................
|
|
SUBSCRIBED AND SWORN to before me, a Notary Public, on (insert
date)
................................."
(k) Sanctions.
(1) Any confidential intermediary who improperly
|
| discloses confidential information identifying a sought-after relative shall be liable to the sought-after relative for damages and may also be found in contempt of court.
|
|
(2) Any person who learns a sought-after relative's
|
| identity, directly or indirectly, through the use of procedures provided in this Section and who improperly discloses information identifying the sought-after relative shall be liable to the sought-after relative for actual damages plus minimum punitive damages of $10,000.
|
|
(3) The Department shall fine any confidential
|
| intermediary who improperly discloses confidential information in violation of item (1) or (2) of this subsection (k) an amount up to $2,000 per improper disclosure. This fine does not affect civil liability under item (2) of this subsection (k). The Department shall deposit all fines and penalties collected under this Section into the Illinois Adoption Registry and Medical Information Fund.
|
|
(l) Death of person being sought. Notwithstanding any other provision
of this Act, if the confidential intermediary discovers that the person
being sought has died, he or she shall report this fact to the court,
along with a copy of the death certificate. If the sought-after relative is a birth parent, the confidential intermediary shall also forward a copy of the birth parent's death certificate, if available, to the Registry for inclusion in the Registry file.
(m) Any confidential information obtained by the confidential intermediary
during the course of his or her search shall be kept strictly confidential
and shall be used for the purpose of arranging contact between the
petitioner and the sought-after birth relative. At the time the case is
closed, all identifying information shall be returned to the court for
inclusion in the impounded adoption file.
(n) (Blank).
(o) Except as provided in subsection (k) of this Section, no liability shall
accrue to
the State, any State agency, any judge, any officer or employee of the
court, any certified confidential intermediary, or any agency designated
to oversee confidential intermediary services for acts, omissions, or
efforts made in good faith within the scope of this Section.
(p) An adoption agency that has received a request from a confidential intermediary for the full name, date of birth, last known address, or last known telephone number of a sought-after relative pursuant to subsection (g) of Section 18.3a, or for medical information regarding a sought-after relative pursuant to subsection (h) of Section 18.3a, must satisfactorily comply with this court order within a period of 45 days. The court shall order the adoption agency to reimburse the petitioner in an amount equal to all payments made by the petitioner to the confidential intermediary, and the adoption agency shall be subject to a civil monetary penalty of $1,000 to be paid to the Department of Children and Family Services. Following the issuance of a court order finding that the adoption agency has not complied with Section 18.3, the adoption agency shall be subject to a monetary penalty of $500 per day for each subsequent day of non-compliance. Proceeds from such fines shall be utilized by the Department of Children and Family Services to subsidize the fees of petitioners as referenced in subsection (d) of this Section.
(q) (Blank).
Any reimbursements and fines, notwithstanding any reimbursement directly to the petitioner, paid under this subsection are in addition to other remedies a court may otherwise impose by law.
The Department of Children and Family Services shall submit reports to the Adoption Registry-Confidential Intermediary Advisory Council by July 1 and January 1 of each year in order to report the penalties assessed and collected under this subsection, the amounts of related deposits into the DCFS Children's Services Fund, and any expenditures from such deposits.
(Source: P.A. 102-825, eff. 7-1-23.)
|