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90_HB0615
705 ILCS 405/2-29 from Ch. 37, par. 802-29
Amends the Juvenile Court Act of 1987. Provides that the
biological and adoptive parents may enter into an agreement,
at the time a consent to an adoption is executed, providing
for visitation between one or both biological parents and
their relatives and the adoptive parents or adopted minor,
with consent of the guardian ad litem, after the adoption is
finalized. The agreement is enforceable if in writing and
may be modified or terminated if necessary to serve the best
interests of the child and if the adoptive and biological
parents agree or exceptional circumstances arise after the
agreement is entered. Effective January 1, 1998.
LRB9002732SMdv
LRB9002732SMdv
1 AN ACT to amend the Juvenile Court Act of 1987 by
2 changing Section 2-29.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Juvenile Court Act of 1987 is amended by
6 changing Section 2-29 as follows:
7 (705 ILCS 405/2-29) (from Ch. 37, par. 802-29)
8 (Text of Section before amendment by P.A. 89-704)
9 Sec. 2-29. Adoption; appointment of guardian with power
10 to consent.
11 (1) A ward of the court under this Act, with the consent
12 of the court, may be the subject of a petition for adoption
13 under "An Act in relation to the adoption of persons, and to
14 repeal an Act therein named", approved July 17, 1959, as now
15 or hereafter amended, or with like consent his or her parent
16 or parents may, in the manner required by such Act, surrender
17 him or her for adoption to an agency legally authorized or
18 licensed to place children for adoption.
19 (2) If the petition prays and the court finds that it is
20 in the best interest of the minor that a guardian of the
21 person be appointed and authorized to consent to the adoption
22 of the minor, the court with the consent of the parents, if
23 living, or after finding, based upon clear and convincing
24 evidence, that a non-consenting parent is an unfit person as
25 defined in Section 1 of "An Act in relation to the adoption
26 of persons, and to repeal an Act therein named", approved
27 July 17, 1959, as amended, may empower the guardian of the
28 person of the minor, in the order appointing him or her as
29 such guardian, to appear in court where any proceedings for
30 the adoption of the minor may at any time be pending and to
31 consent to the adoption. Such consent is sufficient to
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1 authorize the court in the adoption proceedings to enter a
2 proper order or judgment of adoption without further notice
3 to, or consent by, the parents of the minor. An order so
4 empowering the guardian to consent to adoption terminates
5 parental rights, deprives the parents of the minor of all
6 legal rights as respects the minor and relieves them of all
7 parental responsibility for him or her, and frees the minor
8 from all obligations of maintenance and obedience to his or
9 her natural parents.
10 If the minor is over 14 years of age, the court may, in
11 its discretion, consider the wishes of the minor in
12 determining whether the best interests of the minor would be
13 promoted by the finding of the unfitness of a non-consenting
14 parent.
15 (3) Parental consent to the order authorizing the
16 guardian of the person to consent to adoption of the minor
17 shall be given in open court whenever possible and otherwise
18 must be in writing and signed in the form provided in "An Act
19 in relation to the adoption of persons, and to repeal an Act
20 therein named", approved July 17, 1959, as now or hereafter
21 amended, but no names of petitioners for adoption need be
22 included. A finding of the unfitness of a nonconsenting
23 parent must be made in compliance with that Act and be based
24 upon clear and convincing evidence. Provisions of that Act
25 relating to minor parents and to mentally ill or mentally
26 deficient parents apply to proceedings under this Section and
27 any findings with respect to such parents shall be based upon
28 clear and convincing evidence.
29 (Source: P.A. 85-601.)
30 (Text of Section after amendment by P.A. 89-704)
31 Sec. 2-29. Adoption; appointment of guardian with power
32 to consent.
33 (1) With leave of the court, a minor who is the subject
34 of an abuse, neglect, or dependency petition under this Act
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1 may be the subject of a petition for adoption under the
2 Adoption Act.
3 (1.1) The parent or parents of a child in whose interest
4 a petition under Section 2-13 of this Act is pending may, in
5 the manner required by the Adoption Act, (a) surrender him or
6 her for adoption to an agency legally authorized or licensed
7 to place children for adoption, (b) consent to his or her
8 adoption, or (c) consent to his or her adoption by a
9 specified person or persons. Nothing in this Section requires
10 that the parent or parents execute the surrender, consent, or
11 consent to adoption by a specified person in open court.
12 (1.5) At the time a consent to adoption is executed, one
13 or both biological parents may enter into an agreement with
14 the prospective adoptive parent or parents for ongoing
15 contact, which may include visitation, between the biological
16 parent or parents or other biological relatives and the
17 adoptive parents or the minor after the execution of the
18 consent to adoption and the finalization of the adoption.
19 The agreement shall be enforceable if it is in writing and,
20 in the case of an agreement that provides for visitation
21 between the child and the biological parents or other
22 relatives, if it has been signed by the guardian ad litem for
23 the minor. The agreement may, but need not, specify the type
24 of contact contemplated and the frequency and terms of the
25 contact. However, if the contact is to be in person, the
26 agreement must specify what, if any, changes will be made if
27 the adoptive or biological family moves outside the court's
28 jurisdiction. The failure to abide by the agreement shall in
29 no manner effect the validity of the adoption, but the
30 agreement shall be enforceable by a civil proceeding for the
31 enforcement of the agreement. Proceedings may also be
32 brought to terminate or modify the agreement but the court
33 may not modify an agreement unless the court finds that the
34 termination or modification is necessary to serve the best
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1 interests of the minor, and that: (a) the modification is
2 agreed to by the adoptive parent or parents and the
3 biological parent or parents; or (b) exceptional
4 circumstances have arisen since the agreement was entered
5 that justify modification of the agreement.
6 (2) If a petition prays and the court finds that it is
7 in the best interest of the minor that a guardian of the
8 person be appointed and authorized to consent to the adoption
9 of the minor, the court, with agreement of the parents, if
10 living, or after finding, based upon clear and convincing
11 evidence, that a parent is an unfit person as defined in
12 Section 1 of the Adoption Act, may empower the guardian of
13 the person of the minor, in the order appointing him or her
14 as such guardian, to appear in court where any proceedings
15 for the adoption of the minor may at any time be pending and
16 to consent to the adoption. Such consent is sufficient to
17 authorize the court in the adoption proceedings to enter a
18 proper order or judgment of adoption without further notice
19 to, or consent by, the parents of the minor. An order so
20 empowering the guardian to consent to adoption terminates
21 parental rights, deprives the parents of the minor of all
22 legal rights as respects the minor and relieves them of all
23 parental responsibility for him or her, and frees the minor
24 from all obligations of maintenance and obedience to his or
25 her natural parents.
26 If the minor is over 14 years of age, the court may, in
27 its discretion, consider the wishes of the minor in
28 determining whether the best interests of the minor would be
29 promoted by the finding of the unfitness of a non-consenting
30 parent.
31 (3) Parental request for an order authorizing the
32 guardian of the person to consent to adoption of the minor
33 shall be made in open court whenever possible and otherwise
34 must be in writing and signed in the form provided in the
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1 Adoption Act, but no names of petitioners for adoption need
2 be included.
3 (4) A finding of the unfitness of a parent must be made
4 in compliance with the Adoption Act and be based upon clear
5 and convincing evidence. Provisions of the Adoption Act
6 relating to minor parents and to mentally ill or mentally
7 deficient parents apply to proceedings under this Section and
8 any findings with respect to such parents shall be based upon
9 clear and convincing evidence.
10 (Source: P.A. 89-704, eff. 1-1-98.)
11 Section 95. No acceleration or delay. Where this Act
12 makes changes in a statute that is represented in this Act by
13 text that is not yet or no longer in effect (for example, a
14 Section represented by multiple versions), the use of that
15 text does not accelerate or delay the taking effect of (i)
16 the changes made by this Act or (ii) provisions derived from
17 any other Public Act.
18 Section 99. Effective date. This Act takes effect
19 January 1, 1998.