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90_SB1557sam001
LRB9010459SMdvam01
1 AMENDMENT TO SENATE BILL 1557
2 AMENDMENT NO. . Amend Senate Bill 1557 by replacing
3 the title with the following:
4 "AN ACT to amend the Adoption Act by changing Section
5 8."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Adoption Act is amended by changing
9 Section 8 as follows:
10 (750 ILCS 50/8) (from Ch. 40, par. 1510)
11 Sec. 8. Consents to adoption and surrenders for purposes
12 of adoption.
13 (a) Except as hereinafter provided in this Section
14 consents or surrenders shall be required in all cases, unless
15 the person whose consent or surrender would otherwise be
16 required shall be found by the court:
17 (1) to be an unfit person as defined in Section 1
18 of this Act, by clear and convincing evidence; or
19 (2) not to be the biological or adoptive father of
20 the child; or
21 (3) to have waived his parental rights to the child
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1 under Section 12a or 12.1 of this Act; or
2 (4) to be the parent of an adult sought to be
3 adopted; or
4 (5) to be the father of the child as a result of
5 criminal sexual abuse or assault as defined under Article
6 12 of the Criminal Code of 1961.
7 (b) Where consents are required in the case of an
8 adoption of a minor child, the consents of the following
9 persons shall be sufficient:
10 (1) (A) The mother of the minor child; and
11 (B) The father of the minor child, if the father:
12 (i) was married to the mother on the date of
13 birth of the child or within 300 days before the
14 birth of the child, except for a husband or former
15 husband who has been found by a court of competent
16 jurisdiction not to be the biological father of the
17 child; or
18 (ii) is the father of the child under a
19 judgment for adoption, an order of parentage, or an
20 acknowledgment of parentage or paternity pursuant to
21 subsection (a) of Section 5 of the Illinois
22 Parentage Act of 1984; or
23 (iii) in the case of a child placed with the
24 adopting parents less than 6 months after birth,
25 openly lived with the child, the child's biological
26 mother, or both, and held himself out to be the
27 child's biological father during the first 30 days
28 following the birth of the child; or
29 (iv) in the case of a child placed with the
30 adopting parents less than 6 months after birth,
31 made a good faith effort to pay a reasonable amount
32 of the expenses related to the birth of the child
33 and to provide a reasonable amount for the financial
34 support of the child before the expiration of 30
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1 days following the birth of the child, provided that
2 the court may consider in its determination all
3 relevant circumstances, including the financial
4 condition of both biological parents; or
5 (v) in the case of a child placed with the
6 adopting parents more than 6 months after birth, has
7 maintained substantial and continuous or repeated
8 contact with the child as manifested by: (I) the
9 payment by the father toward the support of the
10 child of a fair and reasonable sum, according to the
11 father's means, and either (II) the father's
12 visiting the child at least monthly when physically
13 and financially able to do so and not prevented from
14 doing so by the person or authorized agency having
15 lawful custody of the child, or (III) the father's
16 regular communication with the child or with the
17 person or agency having the care or custody of the
18 child, when physically and financially unable to
19 visit the child or prevented from doing so by the
20 person or authorized agency having lawful custody of
21 the child. The subjective intent of the father,
22 whether expressed or otherwise unsupported by
23 evidence of acts specified in this sub-paragraph as
24 manifesting such intent, shall not preclude a
25 determination that the father failed to maintain
26 substantial and continuous or repeated contact with
27 the child; or
28 (vi) in the case of a child placed with the
29 adopting parents more than six months after birth,
30 openly lived with the child for a period of six
31 months within the one year period immediately
32 preceding the placement of the child for adoption
33 and openly held himself out to be the father of the
34 child; or
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1 (vii) has timely registered with the Putative
2 Father Registry, as provided in Section 12.1 of this
3 Act, and prior to the expiration of the time limits
4 for registering under subsection (b) of that Section
5 30 days from the date of such registration,
6 commenced legal proceedings to establish paternity
7 under the Illinois Parentage Act of 1984 or under
8 the law of the jurisdiction of the child's birth; or
9 (2) The legal guardian of the person of the child,
10 if there is no surviving parent; or
11 (3) An agency, if the child has been surrendered
12 for adoption to such agency; or
13 (4) Any person or agency having legal custody of a
14 child by court order if the parental rights of the
15 parents have been judicially terminated, and the court
16 having jurisdiction of the guardianship of the child has
17 authorized the consent to the adoption; or
18 (5) The execution and verification of the petition
19 by any petitioner who is also a parent of the child
20 sought to be adopted shall be sufficient evidence of such
21 parent's consent to the adoption.
22 (c) Where surrenders to an agency are required in the
23 case of a placement for adoption of a minor child by an
24 agency, the surrenders of the following persons shall be
25 sufficient:
26 (1) (A) The mother of the minor child; and
27 (B) The father of the minor child, if the father;
28 (i) was married to the mother on the date of
29 birth of the child or within 300 days before the
30 birth of the child, except for a husband or former
31 husband who has been found by a court of competent
32 jurisdiction not to be the biological father of the
33 child; or
34 (ii) is the father of the child under a
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1 judgment for adoption, an order of parentage, or an
2 acknowledgment of parentage or paternity pursuant to
3 subsection (a) of Section 5 of the Illinois
4 Parentage Act of 1984; or
5 (iii) in the case of a child placed with the
6 adopting parents less than 6 months after birth,
7 openly lived with the child, the child's biological
8 mother, or both, and held himself out to be the
9 child's biological father during the first 30 days
10 following the birth of a child; or
11 (iv) in the case of a child placed with the
12 adopting parents less than 6 months after birth,
13 made a good faith effort to pay a reasonable amount
14 of the expenses related to the birth of the child
15 and to provide a reasonable amount for the financial
16 support of the child before the expiration of 30
17 days following the birth of the child, provided that
18 the court may consider in its determination all
19 relevant circumstances, including the financial
20 condition of both biological parents; or
21 (v) in the case of a child placed with the
22 adopting parents more than six months after birth,
23 has maintained substantial and continuous or
24 repeated contact with the child as manifested by:
25 (I) the payment by the father toward the support of
26 the child of a fair and reasonable sum, according to
27 the father's means, and either (II) the father's
28 visiting the child at least monthly when physically
29 and financially able to do so and not prevented from
30 doing so by the person or authorized agency having
31 lawful custody of the child or (III) the father's
32 regular communication with the child or with the
33 person or agency having the care or custody of the
34 child, when physically and financially unable to
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1 visit the child or prevented from doing so by the
2 person or authorized agency having lawful custody of
3 the child. The subjective intent of the father,
4 whether expressed or otherwise, unsupported by
5 evidence of acts specified in this sub-paragraph as
6 manifesting such intent, shall not preclude a
7 determination that the father failed to maintain
8 substantial and continuous or repeated contact with
9 the child; or
10 (vi) in the case of a child placed with the
11 adopting parents more than six months after birth,
12 openly lived with the child for a period of six
13 months within the one year period immediately
14 preceding the placement of the child for adoption
15 and openly held himself out to be the father of the
16 child; or
17 (vii) has timely registered with the Putative
18 Father Registry, as provided in Section 12.1 of this
19 Act, and prior to the expiration of the time limits
20 for registering under subsection (b) of that Section
21 30 days from the date of such registration,
22 commenced legal proceedings to establish paternity
23 under the Illinois Parentage Act of 1984, or under
24 the law of the jurisdiction of the child's birth.
25 (d) In making a determination under subparagraphs (b)
26 (1) and (c) (1), no showing shall be required of diligent
27 efforts by a person or agency to encourage the father to
28 perform the acts specified therein.
29 (e) In the case of the adoption of an adult, only the
30 consent of such adult shall be required.
31 (Source: P.A. 89-315, eff. 1-1-96; 89-641, eff. 8-9-96;
32 90-15, eff. 6-13-97.)
33 Section 99. Effective date. This Act takes effect upon
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1 becoming law.".