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90_SB0345ham002
LRB9000198SMdvam02
1 AMENDMENT TO SENATE BILL 345
2 AMENDMENT NO. . Amend Senate Bill 345, AS AMENDED,
3 by replacing the title with the following:
4 "AN ACT concerning families."; and
5 by inserting above Section 95, the following:
6 "Section 20. The Adoption Act is amended by changing
7 Sections 1, 8, and 12.1 as follows:
8 (750 ILCS 50/1) (from Ch. 40, par. 1501)
9 (Text of Section before amendment by P.A. 89-704)
10 Sec. 1. Definitions. When used in this Act, unless the
11 context otherwise requires:
12 A. "Child" means a person under legal age subject to
13 adoption under this Act.
14 B. "Related child" means a child subject to adoption
15 where either or both of the adopting parents stands in any of
16 the following relationships to the child by blood or
17 marriage: parent, grand-parent, brother, sister, step-parent,
18 step-grandparent, step-brother, step-sister, uncle, aunt,
19 great-uncle, great-aunt, or cousin of first degree. A child
20 whose parent has executed a final irrevocable consent to
21 adoption or a final irrevocable surrender for purposes of
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1 adoption, or whose parent has had his or her parental rights
2 terminated, is not a related child to that person.
3 C. "Agency" for the purpose of this Act means a public
4 child welfare agency or a licensed child welfare agency.
5 D. "Unfit person" means any person whom the court shall
6 find to be unfit to have a child, without regard to the
7 likelihood that the child will be placed for adoption. The
8 grounds of unfitness are any one or more of the following:
9 (a) Abandonment of the child.
10 (b) Failure to maintain a reasonable degree of
11 interest, concern or responsibility as to the child's
12 welfare.
13 (c) Desertion of the child for more than 3 months
14 next preceding the commencement of the Adoption
15 proceeding.
16 (d) Substantial neglect of the child if continuous
17 or repeated.
18 (e) Extreme or repeated cruelty to the child.
19 (f) Two or more findings of physical abuse to any
20 children under Section 4-8 of the Juvenile Court Act or
21 Section 2-21 of the Juvenile Court Act of 1987, the most
22 recent of which was determined by the juvenile court
23 hearing the matter to be supported by clear and
24 convincing evidence; a criminal conviction resulting from
25 the death of any child by physical child abuse; or a
26 finding of physical child abuse resulting from the death
27 of any child under Section 4-8 of the Juvenile Court Act
28 or Section 2-21 of the Juvenile Court Act of 1987.
29 (g) Failure to protect the child from conditions
30 within his environment injurious to the child's welfare.
31 (h) Other neglect of, or misconduct toward the
32 child; provided that in making a finding of unfitness the
33 court hearing the adoption proceeding shall not be bound
34 by any previous finding, order or judgment affecting or
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1 determining the rights of the parents toward the child
2 sought to be adopted in any other proceeding except such
3 proceedings terminating parental rights as shall be had
4 under either this Act, the Juvenile Court Act or the
5 Juvenile Court Act of 1987.
6 (i) Depravity.
7 (j) Open and notorious adultery or fornication.
8 (j-1) Conviction of first degree murder in
9 violation of paragraph 1 or 2 of subsection (a) of
10 Section 9-1 of the Criminal Code of 1961 or conviction of
11 second degree murder in violation of subsection (a) of
12 Section 9-2 of the Criminal Code of 1961 of a parent of
13 the child to be adopted shall create a presumption of
14 unfitness that may be overcome only by clear and
15 convincing evidence.
16 (k) Habitual drunkenness or addiction to drugs,
17 other than those prescribed by a physician, for at least
18 one year immediately prior to the commencement of the
19 unfitness proceeding.
20 (l) Failure to demonstrate a reasonable degree of
21 interest, concern or responsibility as to the welfare of
22 a new born child during the first 30 days after its
23 birth.
24 (m) Failure by a parent to make reasonable efforts
25 to correct the conditions that were the basis for the
26 removal of the child from the parent, or to make
27 reasonable progress toward the return of the child to the
28 parent within 12 months after an adjudication of
29 neglected minor, abused minor or dependent minor under
30 the Juvenile Court Act or the Juvenile Court Act of 1987.
31 (n) Evidence of intent to forego his or her
32 parental rights, whether or not the child is a ward of
33 the court, (1) as manifested by his or her failure for a
34 period of 12 months: (i) to visit the child, (ii) to
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1 communicate with the child or agency, although able to do
2 so and not prevented from doing so by an agency or by
3 court order, or (iii) to maintain contact with or plan
4 for the future of the child, although physically able to
5 do so, or (2) as manifested by the father's failure,
6 where he and the mother of the child were unmarried to
7 each other at the time of the child's birth, (i) to
8 commence legal proceedings to establish his paternity
9 under the Illinois Parentage Act of 1984 or the law of
10 the jurisdiction of the child's birth within 30 days of
11 being informed, pursuant to Section 12a of this Act, that
12 he is the father or the likely father of the child or,
13 after being so informed where the child is not yet born,
14 within 30 days of the child's birth, or (ii) to make a
15 good faith effort to pay a reasonable amount of the
16 expenses related to the birth of the child and to provide
17 a reasonable amount for the financial support of the
18 child, the court to consider in its determination all
19 relevant circumstances, including the financial condition
20 of both parents; provided that the ground for termination
21 provided in this subparagraph (n)(2)(ii) shall only be
22 available where the petition is brought by the mother or
23 the husband of the mother.
24 Contact or communication by a parent with his or her
25 child that does not demonstrate affection and concern
26 does not constitute reasonable contact and planning under
27 subdivision (n). In the absence of evidence to the
28 contrary, the ability to visit, communicate, maintain
29 contact, pay expenses and plan for the future shall be
30 presumed. The subjective intent of the parent, whether
31 expressed or otherwise, unsupported by evidence of the
32 foregoing parental acts manifesting that intent, shall
33 not preclude a determination that the parent has intended
34 to forego his or her parental rights. In making this
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1 determination, the court may consider but shall not
2 require a showing of diligent efforts by an authorized
3 agency to encourage the parent to perform the acts
4 specified in subdivision (n).
5 It shall be an affirmative defense to any allegation
6 under paragraph (2) of this subsection that the father's
7 failure was due to circumstances beyond his control or to
8 impediments created by the mother or any other person
9 having legal custody. Proof of that fact need only be by
10 a preponderance of the evidence.
11 (o) repeated or continuous failure by the parents,
12 although physically and financially able, to provide the
13 child with adequate food, clothing, or shelter.
14 (p) inability to discharge parental
15 responsibilities supported by competent evidence from a
16 psychiatrist, licensed clinical social worker, or
17 clinical psychologist of mental impairment, mental
18 illness or mental retardation as defined in Section 1-116
19 of the Mental Health and Developmental Disabilities Code,
20 or developmental disability as defined in Section 1-106
21 of that Code, and there is sufficient justification to
22 believe that the inability to discharge parental
23 responsibilities shall extend beyond a reasonable time
24 period. However, this subdivision (p) shall not be
25 construed so as to permit a licensed clinical social
26 worker to conduct any medical diagnosis to determine
27 mental illness or mental impairment.
28 (q) a finding of physical abuse of the child under
29 Section 4-8 of the Juvenile Court Act or Section 2-21 of
30 the Juvenile Court Act of 1987 and a criminal conviction
31 of aggravated battery of the child.
32 E. "Parent" means the father or mother of a legitimate
33 or illegitimate child. For the purpose of this Act, a person
34 who has executed a final and irrevocable consent to adoption
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1 or a final and irrevocable surrender for purposes of
2 adoption, or whose parental rights have been terminated by a
3 court, is not a parent of the child who was the subject of
4 the consent or surrender.
5 F. A person is available for adoption when the person
6 is:
7 (a) a child who has been surrendered for adoption
8 to an agency and to whose adoption the agency has
9 thereafter consented;
10 (b) a child to whose adoption a person authorized
11 by law, other than his parents, has consented, or to
12 whose adoption no consent is required pursuant to Section
13 8 of this Act;
14 (c) a child who is in the custody of persons who
15 intend to adopt him through placement made by his
16 parents; or
17 (d) an adult who meets the conditions set forth in
18 Section 3 of this Act.
19 A person who would otherwise be available for adoption
20 shall not be deemed unavailable for adoption solely by reason
21 of his or her death.
22 G. The singular includes the plural and the plural
23 includes the singular and the "male" includes the "female",
24 as the context of this Act may require.
25 H. "Adoption disruption" occurs when an adoptive
26 placement does not prove successful and it becomes necessary
27 for the child to be removed from placement before the
28 adoption is finalized.
29 I. "Foreign placing agency" is an agency or individual
30 operating in a country or territory outside the United States
31 that is authorized by its country to place children for
32 adoption either directly with families in the United States
33 or through United States based international agencies.
34 J. "Immediate relatives" means the biological parents,
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1 the parents of the biological parents and siblings of the
2 biological parents;
3 K. "Intercountry adoption" is a process by which a child
4 from a country other than the United States is adopted.
5 L. "Intercountry Adoption Coordinator" is a staff person
6 of the Department of Children and Family Services appointed
7 by the Director to coordinate the provision of services by
8 the public and private sector to prospective parents of
9 foreign-born children.
10 M. "Interstate Compact on the Placement of Children" is
11 a law enacted by most states for the purpose of establishing
12 uniform procedures for handling the interstate placement of
13 children in foster homes, adoptive homes, or other child care
14 facilities.
15 N. "Non-Compact state" means a state that has not
16 enacted the Interstate Compact on the Placement of Children.
17 O. "Preadoption requirements" are any conditions
18 established by the laws or regulations of the Federal
19 Government or of each state that must be met prior to the
20 placement of a child in an adoptive home.
21 P. "Abused child" means a child whose parent or
22 immediate family member, or any person responsible for the
23 child's welfare, or any individual residing in the same home
24 as the child, or a paramour of the child's parent:
25 (a) inflicts, causes to be inflicted, or allows to
26 be inflicted upon the child physical injury, by other
27 than accidental means, that causes death, disfigurement,
28 impairment of physical or emotional health, or loss or
29 impairment of any bodily function;
30 (b) creates a substantial risk of physical injury
31 to the child by other than accidental means which would
32 be likely to cause death, disfigurement, impairment of
33 physical or emotional health, or loss or impairment of
34 any bodily function;
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1 (c) commits or allows to be committed any sex
2 offense against the child, as sex offenses are defined in
3 the Criminal Code of 1961 and extending those definitions
4 of sex offenses to include children under 18 years of
5 age;
6 (d) commits or allows to be committed an act or
7 acts of torture upon the child; or
8 (e) inflicts excessive corporal punishment.
9 Q. "Neglected child" means any child whose parent or
10 other person responsible for the child's welfare withholds
11 or denies nourishment or medically indicated treatment
12 including food or care denied solely on the basis of the
13 present or anticipated mental or physical impairment as
14 determined by a physician acting alone or in consultation
15 with other physicians or otherwise does not provide the
16 proper or necessary support, education as required by law, or
17 medical or other remedial care recognized under State law as
18 necessary for a child's well-being, or other care necessary
19 for his or her well-being, including adequate food, clothing
20 and shelter; or who is abandoned by his or her parents or
21 other person responsible for the child's welfare.
22 A child shall not be considered neglected or abused for
23 the sole reason that the child's parent or other person
24 responsible for his or her welfare depends upon spiritual
25 means through prayer alone for the treatment or cure of
26 disease or remedial care as provided under Section 4 of the
27 Abused and Neglected Child Reporting Act.
28 R. "Putative father" means a man who may be a child's
29 father, but who (1) is not married to the child's mother on
30 or before the date that the child was or is to be born and
31 (2) has not established paternity of the child in a court
32 proceeding before the filing of a petition for the adoption
33 of the child. The term includes a male who is less than 18
34 years of age. "Putative father" does not mean a man who is
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1 the child's father as a result of criminal sexual abuse or
2 assault as defined under Article 12 of the Criminal Code of
3 1961.
4 (Source: P.A. 88-20; 88-550, eff. 7-3-94; 88-691, eff.
5 1-24-95; 89-235, eff. 8-4-95.)
6 (Text of Section after amendment by P.A. 89-704)
7 Sec. 1. Definitions. When used in this Act, unless the
8 context otherwise requires:
9 A. "Child" means a person under legal age subject to
10 adoption under this Act.
11 B. "Related child" means a child subject to adoption
12 where either or both of the adopting parents stands in any of
13 the following relationships to the child by blood or
14 marriage: parent, grand-parent, brother, sister, step-parent,
15 step-grandparent, step-brother, step-sister, uncle, aunt,
16 great-uncle, great-aunt, or cousin of first degree. A child
17 whose parent has executed a final irrevocable consent to
18 adoption or a final irrevocable surrender for purposes of
19 adoption, or whose parent has had his or her parental rights
20 terminated, is not a related child to that person, unless the
21 consent is void pursuant to subsection O of Section 10.
22 C. "Agency" for the purpose of this Act means a public
23 child welfare agency or a licensed child welfare agency.
24 D. "Unfit person" means any person whom the court shall
25 find to be unfit to have a child, without regard to the
26 likelihood that the child will be placed for adoption. The
27 grounds of unfitness are any one or more of the following:
28 (a) Abandonment of the child.
29 (b) Failure to maintain a reasonable degree of
30 interest, concern or responsibility as to the child's
31 welfare.
32 (c) Desertion of the child for more than 3 months
33 next preceding the commencement of the Adoption
34 proceeding.
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1 (d) Substantial neglect of the child if continuous
2 or repeated.
3 (d-1) Substantial neglect, if continuous or
4 repeated, of any child residing in the household which
5 resulted in the death of that child.
6 (e) Extreme or repeated cruelty to the child.
7 (f) Two or more findings of physical abuse to any
8 children under Section 4-8 of the Juvenile Court Act or
9 Section 2-21 of the Juvenile Court Act of 1987, the most
10 recent of which was determined by the juvenile court
11 hearing the matter to be supported by clear and
12 convincing evidence; a criminal conviction or a finding
13 of not guilty by reason of insanity resulting from the
14 death of any child by physical child abuse; or a finding
15 of physical child abuse resulting from the death of any
16 child under Section 4-8 of the Juvenile Court Act or
17 Section 2-21 of the Juvenile Court Act of 1987.
18 (g) Failure to protect the child from conditions
19 within his environment injurious to the child's welfare.
20 (h) Other neglect of, or misconduct toward the
21 child; provided that in making a finding of unfitness the
22 court hearing the adoption proceeding shall not be bound
23 by any previous finding, order or judgment affecting or
24 determining the rights of the parents toward the child
25 sought to be adopted in any other proceeding except such
26 proceedings terminating parental rights as shall be had
27 under either this Act, the Juvenile Court Act or the
28 Juvenile Court Act of 1987.
29 (i) Depravity.
30 (j) Open and notorious adultery or fornication.
31 (j-1) Conviction of first degree murder in
32 violation of paragraph 1 or 2 of subsection (a) of
33 Section 9-1 of the Criminal Code of 1961 or conviction of
34 second degree murder in violation of subsection (a) of
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1 Section 9-2 of the Criminal Code of 1961 of a parent of
2 the child to be adopted shall create a presumption of
3 unfitness that may be overcome only by clear and
4 convincing evidence.
5 (k) Habitual drunkenness or addiction to drugs,
6 other than those prescribed by a physician, for at least
7 one year immediately prior to the commencement of the
8 unfitness proceeding.
9 (l) Failure to demonstrate a reasonable degree of
10 interest, concern or responsibility as to the welfare of
11 a new born child during the first 30 days after its
12 birth.
13 (m) Failure by a parent to make reasonable efforts
14 to correct the conditions that were the basis for the
15 removal of the child from the parent, or to make
16 reasonable progress toward the return of the child to the
17 parent within 12 months after an adjudication of
18 neglected minor, abused minor or dependent minor under
19 the Juvenile Court Act or the Juvenile Court Act of 1987.
20 (n) Evidence of intent to forego his or her
21 parental rights, whether or not the child is a ward of
22 the court, (1) as manifested by his or her failure for a
23 period of 12 months: (i) to visit the child, (ii) to
24 communicate with the child or agency, although able to do
25 so and not prevented from doing so by an agency or by
26 court order, or (iii) to maintain contact with or plan
27 for the future of the child, although physically able to
28 do so, or (2) as manifested by the father's failure,
29 where he and the mother of the child were unmarried to
30 each other at the time of the child's birth, (i) to
31 commence legal proceedings to establish his paternity
32 under the Illinois Parentage Act of 1984 or the law of
33 the jurisdiction of the child's birth within 30 days of
34 being informed, pursuant to Section 12a of this Act, that
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1 he is the father or the likely father of the child or,
2 after being so informed where the child is not yet born,
3 within 30 days of the child's birth, or (ii) to make a
4 good faith effort to pay a reasonable amount of the
5 expenses related to the birth of the child and to provide
6 a reasonable amount for the financial support of the
7 child, the court to consider in its determination all
8 relevant circumstances, including the financial condition
9 of both parents; provided that the ground for termination
10 provided in this subparagraph (n)(2)(ii) shall only be
11 available where the petition is brought by the mother or
12 the husband of the mother.
13 Contact or communication by a parent with his or her
14 child that does not demonstrate affection and concern
15 does not constitute reasonable contact and planning under
16 subdivision (n). In the absence of evidence to the
17 contrary, the ability to visit, communicate, maintain
18 contact, pay expenses and plan for the future shall be
19 presumed. The subjective intent of the parent, whether
20 expressed or otherwise, unsupported by evidence of the
21 foregoing parental acts manifesting that intent, shall
22 not preclude a determination that the parent has intended
23 to forego his or her parental rights. In making this
24 determination, the court may consider but shall not
25 require a showing of diligent efforts by an authorized
26 agency to encourage the parent to perform the acts
27 specified in subdivision (n).
28 It shall be an affirmative defense to any allegation
29 under paragraph (2) of this subsection that the father's
30 failure was due to circumstances beyond his control or to
31 impediments created by the mother or any other person
32 having legal custody. Proof of that fact need only be by
33 a preponderance of the evidence.
34 (o) repeated or continuous failure by the parents,
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1 although physically and financially able, to provide the
2 child with adequate food, clothing, or shelter.
3 (p) inability to discharge parental
4 responsibilities supported by competent evidence from a
5 psychiatrist, licensed clinical social worker, or
6 clinical psychologist of mental impairment, mental
7 illness or mental retardation as defined in Section 1-116
8 of the Mental Health and Developmental Disabilities Code,
9 or developmental disability as defined in Section 1-106
10 of that Code, and there is sufficient justification to
11 believe that the inability to discharge parental
12 responsibilities shall extend beyond a reasonable time
13 period. However, this subdivision (p) shall not be
14 construed so as to permit a licensed clinical social
15 worker to conduct any medical diagnosis to determine
16 mental illness or mental impairment.
17 (q) a finding of physical abuse of the child under
18 Section 4-8 of the Juvenile Court Act or Section 2-21 of
19 the Juvenile Court Act of 1987 and a criminal conviction
20 of aggravated battery of the child.
21 E. "Parent" means the father or mother of a legitimate
22 or illegitimate child. For the purpose of this Act, a person
23 who has executed a final and irrevocable consent to adoption
24 or a final and irrevocable surrender for purposes of
25 adoption, or whose parental rights have been terminated by a
26 court, is not a parent of the child who was the subject of
27 the consent or surrender, unless the consent is void pursuant
28 to subsection O of Section 10.
29 F. A person is available for adoption when the person
30 is:
31 (a) a child who has been surrendered for adoption
32 to an agency and to whose adoption the agency has
33 thereafter consented;
34 (b) a child to whose adoption a person authorized
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1 by law, other than his parents, has consented, or to
2 whose adoption no consent is required pursuant to Section
3 8 of this Act;
4 (c) a child who is in the custody of persons who
5 intend to adopt him through placement made by his
6 parents;
7 (c-1) a child for whom a parent has signed a
8 specific consent pursuant to subsection O of Section 10;
9 or
10 (d) an adult who meets the conditions set forth in
11 Section 3 of this Act.
12 A person who would otherwise be available for adoption
13 shall not be deemed unavailable for adoption solely by reason
14 of his or her death.
15 G. The singular includes the plural and the plural
16 includes the singular and the "male" includes the "female",
17 as the context of this Act may require.
18 H. "Adoption disruption" occurs when an adoptive
19 placement does not prove successful and it becomes necessary
20 for the child to be removed from placement before the
21 adoption is finalized.
22 I. "Foreign placing agency" is an agency or individual
23 operating in a country or territory outside the United States
24 that is authorized by its country to place children for
25 adoption either directly with families in the United States
26 or through United States based international agencies.
27 J. "Immediate relatives" means the biological parents,
28 the parents of the biological parents and siblings of the
29 biological parents;
30 K. "Intercountry adoption" is a process by which a child
31 from a country other than the United States is adopted.
32 L. "Intercountry Adoption Coordinator" is a staff person
33 of the Department of Children and Family Services appointed
34 by the Director to coordinate the provision of services by
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1 the public and private sector to prospective parents of
2 foreign-born children.
3 M. "Interstate Compact on the Placement of Children" is
4 a law enacted by most states for the purpose of establishing
5 uniform procedures for handling the interstate placement of
6 children in foster homes, adoptive homes, or other child care
7 facilities.
8 N. "Non-Compact state" means a state that has not
9 enacted the Interstate Compact on the Placement of Children.
10 O. "Preadoption requirements" are any conditions
11 established by the laws or regulations of the Federal
12 Government or of each state that must be met prior to the
13 placement of a child in an adoptive home.
14 P. "Abused child" means a child whose parent or
15 immediate family member, or any person responsible for the
16 child's welfare, or any individual residing in the same home
17 as the child, or a paramour of the child's parent:
18 (a) inflicts, causes to be inflicted, or allows to
19 be inflicted upon the child physical injury, by other
20 than accidental means, that causes death, disfigurement,
21 impairment of physical or emotional health, or loss or
22 impairment of any bodily function;
23 (b) creates a substantial risk of physical injury
24 to the child by other than accidental means which would
25 be likely to cause death, disfigurement, impairment of
26 physical or emotional health, or loss or impairment of
27 any bodily function;
28 (c) commits or allows to be committed any sex
29 offense against the child, as sex offenses are defined in
30 the Criminal Code of 1961 and extending those definitions
31 of sex offenses to include children under 18 years of
32 age;
33 (d) commits or allows to be committed an act or
34 acts of torture upon the child; or
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1 (e) inflicts excessive corporal punishment.
2 Q. "Neglected child" means any child whose parent or
3 other person responsible for the child's welfare withholds
4 or denies nourishment or medically indicated treatment
5 including food or care denied solely on the basis of the
6 present or anticipated mental or physical impairment as
7 determined by a physician acting alone or in consultation
8 with other physicians or otherwise does not provide the
9 proper or necessary support, education as required by law, or
10 medical or other remedial care recognized under State law as
11 necessary for a child's well-being, or other care necessary
12 for his or her well-being, including adequate food, clothing
13 and shelter; or who is abandoned by his or her parents or
14 other person responsible for the child's welfare.
15 A child shall not be considered neglected or abused for
16 the sole reason that the child's parent or other person
17 responsible for his or her welfare depends upon spiritual
18 means through prayer alone for the treatment or cure of
19 disease or remedial care as provided under Section 4 of the
20 Abused and Neglected Child Reporting Act.
21 R. "Putative father" means a man who may be a child's
22 father, but who (1) is not married to the child's mother on
23 or before the date that the child was or is to be born and
24 (2) has not established paternity of the child in a court
25 proceeding before the filing of a petition for the adoption
26 of the child. The term includes a male who is less than 18
27 years of age. "Putative father" does not mean a man who is
28 the child's father as a result of criminal sexual abuse or
29 assault as defined under Article 12 of the Criminal Code of
30 1961.
31 (Source: P.A. 88-20; 88-550, eff. 7-3-94; 88-691, eff.
32 1-24-95; 89-235, eff. 8-4-95; 89-704, eff. 1-1-98.)
33 (750 ILCS 50/8) (from Ch. 40, par. 1510)
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1 Sec. 8. Consents to adoption and surrenders for purposes
2 of adoption.
3 (a) Except as hereinafter provided in this Section
4 consents or surrenders shall be required in all cases, unless
5 the person whose consent or surrender would otherwise be
6 required shall be found by the court:
7 (1) to be an unfit person as defined in Section 1
8 of this Act, by clear and convincing evidence; or
9 (2) not to be the biological or adoptive father of
10 the child; or
11 (3) to have waived his parental rights to the child
12 under Section 12a or 12.1 of this Act; or
13 (4) to be the parent of an adult sought to be
14 adopted; or
15 (5) to be the father of the child as a result of
16 criminal sexual abuse or assault as defined under Article
17 12 of the Criminal Code of 1961.
18 (b) Where consents are required in the case of an
19 adoption of a minor child, the consents of the following
20 persons shall be sufficient:
21 (1) (A) The mother of the minor child; and
22 (B) The father of the minor child, if the father:
23 (i) was married to the mother on the date of
24 birth of the child or within 300 days before the
25 birth of the child, except for a husband or former
26 husband who has been found by a court of competent
27 jurisdiction not to be the biological father of the
28 child; or
29 (ii) is the father of the child under a
30 judgment for adoption, an order of parentage, or an
31 acknowledgment of parentage or paternity pursuant to
32 subsection (a) of Section 5 of the Illinois
33 Parentage Act of 1984; or
34 (iii) in the case of a child placed with the
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1 adopting parents less than 6 months after birth,
2 openly lived with the child, the child's biological
3 mother, or both, and held himself out to be the
4 child's biological father during the first 30 days
5 following the birth of the child; or
6 (iv) in the case of a child placed with the
7 adopting parents less than 6 months after birth,
8 made a good faith effort to pay a reasonable amount
9 of the expenses related to the birth of the child
10 and to provide a reasonable amount for the financial
11 support of the child before the expiration of 30
12 days following the birth of the child, provided that
13 the court may consider in its determination all
14 relevant circumstances, including the financial
15 condition of both biological parents; or
16 (v) in the case of a child placed with the
17 adopting parents more than 6 months after birth, has
18 maintained substantial and continuous or repeated
19 contact with the child as manifested by: (I) the
20 payment by the father toward the support of the
21 child of a fair and reasonable sum, according to the
22 father's means, and either (II) the father's
23 visiting the child at least monthly when physically
24 and financially able to do so and not prevented from
25 doing so by the person or authorized agency having
26 lawful custody of the child, or (III) the father's
27 regular communication with the child or with the
28 person or agency having the care or custody of the
29 child, when physically and financially unable to
30 visit the child or prevented from doing so by the
31 person or authorized agency having lawful custody of
32 the child. The subjective intent of the father,
33 whether expressed or otherwise unsupported by
34 evidence of acts specified in this sub-paragraph as
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1 manifesting such intent, shall not preclude a
2 determination that the father failed to maintain
3 substantial and continuous or repeated contact with
4 the child; or
5 (vi) in the case of a child placed with the
6 adopting parents more than six months after birth,
7 openly lived with the child for a period of six
8 months within the one year period immediately
9 preceding the placement of the child for adoption
10 and openly held himself out to be the father of the
11 child; or
12 (vii) has timely registered with Putative
13 Father Registry, as provided in Section 12.1 of this
14 Act, and prior to the expiration of 30 days from the
15 date of such registration, commenced legal
16 proceedings to establish paternity under the
17 Illinois Parentage Act of 1984 or under the law of
18 the jurisdiction of the child's birth; or
19 (2) The legal guardian of the person of the child,
20 if there is no surviving parent; or
21 (3) An agency, if the child has been surrendered
22 for adoption to such agency; or
23 (4) Any person or agency having legal custody of a
24 child by court order if the parental rights of the
25 parents have been judicially terminated, and the court
26 having jurisdiction of the guardianship of the child has
27 authorized the consent to the adoption; or
28 (5) The execution and verification of the petition
29 by any petitioner who is also a parent of the child
30 sought to be adopted shall be sufficient evidence of such
31 parent's consent to the adoption.
32 (c) Where surrenders to an agency are required in the
33 case of a placement for adoption of a minor child by an
34 agency, the surrenders of the following persons shall be
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1 sufficient:
2 (1) (A) The mother of the minor child; and
3 (B) The father of the minor child, if the father;
4 (i) was married to the mother on the date of
5 birth of the child or within 300 days before the
6 birth of the child, except for a husband or former
7 husband who has been found by a court of competent
8 jurisdiction not to be the biological father of the
9 child; or
10 (ii) is the father of the child under a
11 judgment for adoption, an order of parentage, or an
12 acknowledgment of parentage or paternity pursuant to
13 subsection (a) of Section 5 of the Illinois
14 Parentage Act of 1984; or
15 (iii) in the case of a child placed with the
16 adopting parents less than 6 months after birth,
17 openly lived with the child, the child's biological
18 mother, or both, and held himself out to be the
19 child's biological father during the first 30 days
20 following the birth of a child; or
21 (iv) in the case of a child placed with the
22 adopting parents less than 6 months after birth,
23 made a good faith effort to pay a reasonable amount
24 of the expenses related to the birth of the child
25 and to provide a reasonable amount for the financial
26 support of the child before the expiration of 30
27 days following the birth of the child, provided that
28 the court may consider in its determination all
29 relevant circumstances, including the financial
30 condition of both biological parents; or
31 (v) in the case of a child placed with the
32 adopting parents more than six months after birth,
33 has maintained substantial and continuous or
34 repeated contact with the child as manifested by:
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1 (I) the payment by the father toward the support of
2 the child of a fair and reasonable sum, according to
3 the father's means, and either (II) the father's
4 visiting the child at least monthly when physically
5 and financially able to do so and not prevented from
6 doing so by the person or authorized agency having
7 lawful custody of the child or (III) the father's
8 regular communication with the child or with the
9 person or agency having the care or custody of the
10 child, when physically and financially unable to
11 visit the child or prevented from doing so by the
12 person or authorized agency having lawful custody of
13 the child. The subjective intent of the father,
14 whether expressed or otherwise, unsupported by
15 evidence of acts specified in this sub-paragraph as
16 manifesting such intent, shall not preclude a
17 determination that the father failed to maintain
18 substantial and continuous or repeated contact with
19 the child; or
20 (vi) in the case of a child placed with the
21 adopting parents more than six months after birth,
22 openly lived with the child for a period of six
23 months within the one year period immediately
24 preceding the placement of the child for adoption
25 and openly held himself out to be the father of the
26 child; or
27 (vii) has timely registered with the Putative
28 Father Registry, as provided in Section 12.1 of this
29 Act, and prior to the expiration of 30 days from the
30 date of such registration, commenced legal
31 proceedings to establish paternity under the
32 Illinois Parentage Act of 1984, or under the law of
33 the jurisdiction of the child's birth.
34 (d) In making a determination under subparagraphs (b)
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1 (1) and (c) (1), no showing shall be required of diligent
2 efforts by a person or agency to encourage the father to
3 perform the acts specified therein.
4 (e) In the case of the adoption of an adult, only the
5 consent of such adult shall be required.
6 (Source: P.A. 88-550, eff. 7-3-94; 89-315, eff. 1-1-96;
7 89-641, eff. 8-9-96.)
8 (750 ILCS 50/12.1)
9 Sec. 12.1 Putative Father Registry. The Department of
10 Children and Family Services shall establish a Putative
11 Father Registry for the purpose of determining the identity
12 and location of a putative father of a minor child who is, or
13 is expected to be, the subject of an adoption proceeding, in
14 order to provide notice of such proceeding to the putative
15 father. The Department of Children and Family Services shall
16 establish rules and informational material necessary to
17 implement the provisions of this Section. The Department
18 shall have the authority to set reasonable fees for the use
19 of the Registry.
20 (a) The Department shall maintain the following
21 information in the Registry:
22 (1) With respect to the putative father:
23 (i) Name, including any other names by which
24 the putative father may be known and that he may
25 provide to the Registry;
26 (ii) Address at which he may be served with
27 notice of a petition under this Act, including any
28 change of address;
29 (iii) Social Security Number;
30 (iv) Date of birth; and
31 (v) If applicable, a certified copy of an
32 order by a court of this State or of another state
33 or territory of the United States adjudicating the
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1 putative father to be the father of the child.
2 (2) With respect to the mother of the child:
3 (i) Name, including all other names known to
4 the putative father by which the mother may be
5 known;
6 (ii) If known to the putative father, her last
7 address;
8 (iii) Social Security Number; and
9 (iv) Date of birth.
10 (3) If known to the putative father, the name,
11 gender, place of birth, and date of birth or anticipated
12 date of birth of the child.
13 (4) The date that the Department received the
14 putative father's registration.
15 (5) Other information as the Department may by rule
16 determine necessary for the orderly administration of the
17 Registry.
18 (b) A putative father may register with the Department
19 before the birth of the child but shall register no later
20 than 30 days after the birth of the child. All registrations
21 shall be in writing and signed by the putative father. No
22 fee shall be charged for the initial registration. The
23 Department shall have no independent obligation to gather the
24 information to be maintained.
25 (c) An interested party, including persons intending to
26 adopt a child, a child welfare agency with whom the mother
27 has placed or has given written notice of her intention to
28 place a child for adoption, the mother of the child, or an
29 attorney representing an interested party may request that
30 the Department search the Registry to determine whether a
31 putative father is registered in relation to a child who is
32 or may be the subject to an adoption petition.
33 (d) A search of the Registry may be proven by the
34 production of a certified copy of the registration form, or
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1 by the certified statement of the administrator of the
2 Registry that after a search, no registration of a putative
3 father in relation to a child who is or may be the subject of
4 an adoption petition could be located.
5 (e) Except as otherwise provided, information contained
6 within the Registry is confidential and shall not be
7 published or open to public inspection.
8 (f) A person who knowingly or intentionally registers
9 false information under this Section commits a Class B
10 misdemeanor. A person who knowingly or intentionally releases
11 confidential information in violation of this Section commits
12 a Class B misdemeanor.
13 (g) Except as provided in subsections (b) or (c) of
14 Section 8 of this Act, a putative father who fails to
15 register with the Putative Father Registry as provided in
16 this Section is barred from thereafter bringing or
17 maintaining any action to assert any interest in the child,
18 unless he proves by clear and convincing evidence that:
19 (1) it was not possible for him to register within
20 the period of time specified in subsection (b) of this
21 Section; and
22 (2) his failure to register was through no fault of
23 his own; and
24 (3) he registered within 10 days after it became
25 possible for him to file.
26 A lack of knowledge of the pregnancy or birth is not an
27 acceptable reason for failure to register.
28 (h) Except as provided in subsection (b) or (c) of
29 Section 8 of this Act, failure to timely register with the
30 Putative Father Registry (i) shall be deemed to be a waiver
31 and surrender of any right to notice of any hearing in any
32 judicial proceeding for the adoption of the child, and the
33 consent or surrender of that person to the adoption of the
34 child is not required, and (ii) shall constitute an
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1 abandonment of the child and shall be prima facie evidence of
2 sufficient grounds to support termination of such father's
3 parental rights under this Act.
4 (i) In any adoption proceeding pertaining to a child
5 born out of wedlock, if there is no showing that a putative
6 father has executed a consent or surrender or waived his
7 rights regarding the proposed adoption, certification as
8 specified in subsection (d) shall be filed with the court
9 prior to entry of a final judgment order of adoption.
10 (j) The Registry shall not be used to notify a putative
11 father who is the father of a child as a result of criminal
12 sexual abuse or assault as defined under Article 12 of the
13 Criminal Code of 1961.
14 (Source: P.A. 88-550, eff. 7-3-94; 89-315, eff. 1-1-96.)".