Illinois General Assembly - Full Text of Public Act 096-0601
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Public Act 096-0601

 

Public Act 0601 96TH GENERAL ASSEMBLY 







 

 		


Public Act 096-0601
 		





HB2405 Enrolled
LRB096 04182 AJO 14224 b






    AN ACT concerning civil law.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:


 
    Section 5. The Adoption Act is amended  by changing Sections 
10 and 14.5 as follows:
 



    (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 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 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.

    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 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 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 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).

........................

    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 upwards, 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 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 the
presiding judge of a the 
court of competent jurisdiction in which the petition for 
adoption has
been, or is to be filed or before any other judge 
or hearing officer
designated or
subsequently approved by the 
court, or the circuit clerk if so authorized
by the presiding 
judge or, except as otherwise provided in
this Act, before a 
representative of an the Department of Children and
Family 
Services or a licensed child welfare agency, or before a 
person, other than the attorney for the prospective adoptive 
parent or parents, designated by social
service personnel under 
the jurisdiction of a court of competent
jurisdiction, or 
before social service personnel of the Cook County
Department 
of Supportive Services designated by the presiding judge.

    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 hearing
officer or the
clerk of any court of record, either 
in this State or any other state of
the United States, or, 
except as otherwise provided in this Act, before a 
representative of an agency, or before a any
other person 
designated or approved by a the presiding judge of the court
of 
competent jurisdiction in which the petition for adoption has 
been, or is to be, filed.

    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.

    Dated (insert date).

    Signature ...............

    K. When the execution of a consent or a surrender is 
acknowledged
before someone other than a judge or the clerk of 
a court of record,
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, 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.

A consent under this subsection O shall be acknowledged by a 
parent pursuant to
subsection H and subsection K of this 
Section.

    (2) The consent to adoption by a specified person or 
persons 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


    I, ......................................, the 
.................. (mother or
father) of a ....male child, 
state:


        1. My child ............................ (name of 
    child) was born on
(insert date) at .................... 
    Hospital in
................ County, State of 
    ...............


        2. I reside at ......................, County of 
    ............. and
State of ..............


        3. I, ..........................., am .... years old.


        4. I enter my appearance in this action to adopt my 
    child by the
person or persons specified herein by me and 
    waive service of
summons on me in this action only.


        5. I consent to the adoption of my child by

    .............................
(specified person or 
    persons) only.


        6. I wish to sign this consent and I understand that by 
    signing this
consent I irrevocably and permanently give up 
    all parental rights I have to my
child if my child is 
    adopted by ............................. (specified person

    or persons).


        7. 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.


        8. I understand that this consent to adoption is valid 
    only if the
petition to adopt is filed within one year from 
    the date that I sign it and
that if ....................... 
    (specified person or persons), for any reason,
cannot or 
    will not file a petition to adopt my child within that one 
    year
period or if their adoption petition is denied, then 
    this consent will be
voidable after one year upon the 
    timely filing of my motion.  If I file this
motion before 
    the filing of the petition for adoption, I understand that 
    the
court shall revoke this specific consent.
I have the 
    right to notice of any other proceeding that could affect 
    my
parental rights, except for the proceeding for 
    ............. (specified person
or persons) to adopt my 
    child.


        9. 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:


        10. If ............... (specified persons) get a 
    divorce
before the petition to adopt my child is granted, 
    then ..........
(specified person) shall adopt my child.  I 
    understand that I
cannot change my mind and revoke this 
    consent or obtain or
recover custody over my child if 
    ............. (specified persons)
divorce and 
    ............. (specified person) adopts my
child.  I 
    understand that I cannot change my mind and revoke
this 
    consent or obtain or recover custody over my child if

    ................. (specified persons) divorce after the

    adoption is final.  I understand that this consent to 
    adoption
has no effect on who will get custody of my child 
    if they
divorce after the adoption is final.


        11. I understand that if either ...............

    (specified persons) dies before the petition to adopt
my 
    child is granted, then the surviving person can adopt my 
    child.  I
understand that I cannot change my mind and revoke 
    this consent
or obtain or recover custody over my child if 
    the surviving
person adopts my child.

    A consent to 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 after the adoption is final.

    (4) The form of the certificate of acknowledgement for a 
Final and
Irrevocable Consent for Adoption by a Specified 
Person or Persons 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, 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 within one year 
from the date that it is signed, 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 voidable after one year upon the timely filing of a 
motion by the parent
to revoke the consent. I explained that if 
this motion is filed before the
filing of the petition for 
adoption, the court shall revoke this specific
consent.  I have 
fully explained that if the specified person or
persons adopt

the child, by signing this consent this parent is irrevocably

and permanently
relinquishing all parental rights to the child, 
and this parent has stated that
such is (her)(his) intention 
and desire.

    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 if that specified 
person or persons adopt the child.  The consent shall be

voidable after one year if:


        (a) the specified person or persons do not file a 
    petition to adopt the
child within one year after the 
    consent is signed and the parent files a
timely motion to 
    revoke this consent.  If this motion is filed before the

    filing of the petition for adoption the court shall revoke 
    this consent; or


        (b) a court denies the adoption petition; or


        (c) the Department of Children and Family Services 
    Guardianship
Administrator determines that the specified 
    person or persons will not or
cannot complete the adoption, 
    or in the best interests of the child should not
adopt the 
    child.

    Within 30 days of the consent becoming void, the Department 
of Children and
Family Services Guardianship Administrator 
shall make good faith attempts to
notify the parent in writing 
and shall give written notice to the court and all
additional 
parties in writing that the adoption has not occurred or will 
not
occur and that the consent is void.  If the adoption by a 
specified person or
persons does not occur, no proceeding for 
termination of parental rights shall
be brought unless the 
biological parent who executed the consent to adoption by
a 
specified person or persons has been notified of the proceeding 
pursuant to
Section 7 of this Act or subsection (4) of Section 
2-13 of the Juvenile Court
Act of 1987.  The parent shall not 
need to take further action to revoke the
consent if the 
specified adoption does not occur, notwithstanding the

provisions of Section 11 of this Act.

    (6) The Department of Children and Family Services is 
authorized
to promulgate rules necessary to implement this 
subsection O.

    (7) The Department shall collect and maintain data 
concerning the efficacy
of specific consents.  This data shall 
include the number of specific consents
executed and their 
outcomes, including but not limited to the number of
children 
adopted pursuant to the consents, the number of children for 
whom
adoptions are not completed, and the reason or reasons why 
the adoptions are
not completed.

    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, or a child placing 
agency that is authorized or licensed in the State or 
jurisdiction in which the consent is signed. 
(Source: P.A. 92-320, eff. 1-1-02; 93-732, eff. 1-1-05.)

 
    (750 ILCS 50/14.5  new)
    Sec. 14.5.  Petition to adopt by former parent.
    (a) For purposes of this Section, the term "former parent" 
means a person whose rights were terminated as described in 
paragraph (1) or (2). A petition to adopt by a former parent 
may be filed regarding any minor who was a ward of the court 
under Article II of the Juvenile Court Act of 1987 when: 
        (1)  while the minor was under the jurisdiction of the 
    court under Article II of the Juvenile Court Act of 1987, 
    the minor's former parent or former parents surrendered the 
    minor for adoption to an agency legally authorized to place 
    children for adoption, or the minor's former parent or 
    former parents consented to the minor's  adoption, or the 
    former parent's or former parents' rights were terminated 
    pursuant to a finding of unfitness pursuant to Section 2-29 
    of the Juvenile Court Act of 1987 and a guardian was 
    appointed with the power to consent to adoption pursuant to 
    Section 2-29 of the Juvenile Court Act of 1987; or
        (2)  following the appointment of a guardian with the 
    right to consent to the adoption of  the minor pursuant to 
    Section 2-29 of the Juvenile Court Act of 1987, the former 
    parent's or former parents' rights were terminated 
    pursuant to a finding of unfitness pursuant to paragraph 
    (d) of subsection B of Section 13; and
        (3)  (i) since the signing of the surrender or consent, 
    or the unfitness finding, the minor remained a ward of the 
    court and was subsequently adopted by an individual or 
    individuals  who, at the time of the adoption, were 
    biologically related to the minor as defined in subsection 
    B of Section 1 and

                  (ii) either   the adoptive parent has  died 
    (or both adoptive parents have died in the case of 2 
    adoptive parents) and no standby guardian or standby 
    adoptive parent has been appointed for the minor, and no 
    guardian has been appointed by the adoptive parent for the 
    minor through a will; or due to a mental or physical 
    impairment

the adoptive parent is no longer able to provide 
    care for the minor and the adoptive parent has consented in 
    open court, or by such means as is approved by the court, 
    to the adoption of the minor by the petitioner; and 
        (4) the former parent named in the petition wishes to 
    adopt the minor and meets the criteria established in this 
    Section to adopt; and
        (5) it is in the best interests of the minor to have 
    the petitioner adopt and have parental rights reinstated.
    (b) The petition may be filed by any party or by the former 
parent now seeking to adopt the minor.
    (c) Where a former parent seeks to have a court order for 
adoption, the following procedures shall apply: 
        (1) In addition to the requirements set out in this Act 
    in Section 5, a petition by a former parent to adopt filed 
    by a former parent shall include the following allegations: 
            (A) that his or her  parental rights were previously 
        terminated pursuant to Section 2-29 of the Juvenile 
        Court Act of 1987;
            (B) the basis upon which his or her  parental rights 
        were terminated;
            (C) that the petitioner is able and willing to 
        resume care, custody, and control of the minor;
            (D) that the adoptive parent of the minor is 
        deceased and no standby guardian or standby adoptive 
        parent has been appointed for the minor, and no 
        guardian has been appointed by the adoptive parent for 
        the minor through a will; or the adoptive parent is no 
        longer able to provide care for the minor due to a 
        mental or physical impairment and has consented to the 
        petitioner's adoption of the minor in open court or by 
        such means as is approved by the court; and
            (E) that it is in the best interests of the minor 
        to be adopted by the petitioner and for the 
        petitioner's parental rights to be reinstated. 
        (2) A former parent shall not have standing to file a 
    petition for adoption, where the minor is the subject of a 
    pending petition filed under Article II of the Juvenile 
    Court Act of 1987. If the minor named in the petition for 
    adoption is not the subject of a pending petition filed 
    under Article II of the Juvenile Court Act of 1987, a 
    former parent shall have standing to file a petition for 
    adoption only if: the adoptive parent is deceased and no 
    standby guardian or standby adoptive parent has been 
    appointed for the minor, and no guardian has been appointed 
    by the adoptive parent for the minor through a will; or the 
    adoptive parent is no longer able to provide care for the 
    minor due to a mental or physical impairment and has 
    consented to such adoption in open court or by such means 
    as is approved by the court. 
    (d) Interim order. Following presentment of a petition for 
adoption by a former parent concerning a child who was 
previously named in a petition filed under Article II of the 
Juvenile Court Act of 1987 the following procedures and 
safeguards shall be employed, in addition to the applicable 
requirements set out in this Act, and shall be included in the 
written  interim order for the adoption by a former parent: 
        (1)             In determining the minor's best interests pursuant 
    to Section 2-29 of the Juvenile Court Act of 1987   and this 
    Act, the Court shall consider, in addition to the factors 
    set forth in subsection 4.05 of  Section 1-3 of the Juvenile 
    Court Act of 1987, the reasons why the case was initially 
    brought to the attention of the juvenile court and adoption 
    proceedings were instituted, the history of the case as it 
    relates to the former parent seeking adoption, and the 
    current circumstances of the former parent for whom 
    adoption is sought.
        (2) In any case involving a child who meets these 
    criteria for adoption by a former parent, the Department of 
    Children and Family Services shall be appointed as the 
    investigator as outlined in Section 6 to conduct an 
    investigation and report to the court (i) the facts and 
    circumstances which raised concerns as to the petitioner's 
    ability and willingness to provide adequate care and 
    protection to children in his or her custody, (ii) an 
    assessment of the petitioner's current ability and 
    willingness to provide adequate care and protection  for the 
    child named in the petition, and (iii) any information 
    which might reasonably raise a concern as to the child's 
    safety, well being, or best interests should the court 
    grant the petition to adopt by the former parent.
        (3) In selecting the minor's guardian ad litem, 
    pursuant to subsection B of Section 13, whenever practical, 
    the court shall give preference to the guardian ad litem 
    who represented the minor in the juvenile court proceeding. 
    The guardian ad litem shall have the right to review and 
    copy all records, including juvenile court records 
    relating to the petitioner, the minor, and the minor's 
    siblings and half siblings.
        (4) The report of the investigator and the guardian ad 
    litem shall be presented in writing to the court and shall 
    serve as a basis for the order of court upon the petition 
    for adoption by a former parent. 
    (e) Order of adoption. 
        (1) If it is proved to the satisfaction of the court 
    that the adoption will be in the best interests of the 
    minor, after such investigation as the court deems 
    necessary, an order of adoption shall be entered.
        (2) An order of adoption shall be final as to all 
    findings and shall be entered in writing.
        (3) Upon the entry of an order granting a petition to 
    adopt by a former parent, all parental rights of the former 
    parent named in the order shall be reinstated and the 
    physical care, custody and control of the minor shall be 
    reinstated to the former parent.
        (4) The order of adoption shall include an order to the 
    Illinois Department of Public Health to issue a new birth 
    certificate for the person who is the subject of the 
    petition for adoption by a former parent.

 
    Section 99. Effective date. This Act takes effect upon 
becoming law.




Effective Date:  8/21/2009











  

    

      

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