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Public Act 096-0601
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| HB2405 Enrolled |
LRB096 04182 AJO 14224 b |
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Adoption Act is amended by changing Sections |
10 and 14.5 as follows:
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(750 ILCS 50/10) (from Ch. 40, par. 1512)
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Sec. 10. Forms of consent and surrender; execution and
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acknowledgment thereof. A. The form of consent required for |
the
adoption of a born child shall be substantially as follows:
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FINAL AND IRREVOCABLE CONSENT TO ADOPTION
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I, ...., (relationship, e.g., mother, father, relative, |
guardian)
of ...., a ..male child, state:
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That such child was born on .... at ....
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That I reside at ...., County of .... and State of ....
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That I am of the age of .... years.
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That I hereby enter my appearance in this proceeding and |
waive
service of summons on me.
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That I do hereby consent and agree to the adoption of such |
child.
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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.
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That I understand such child will be placed for adoption |
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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.
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Dated (insert date).
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.........................
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If under Section 8 the consent of more than one person is |
required,
then each such person shall execute a separate |
consent.
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B. The form of consent required for the adoption of an |
unborn child
shall be substantially as follows:
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CONSENT TO ADOPTION OF UNBORN CHILD
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I, ...., state:
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That I am the father of a child expected to be born on or |
about ....
to .... (name of mother).
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That I reside at .... County of ...., and State of .....
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That I am of the age of .... years.
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That I hereby enter my appearance in such adoption |
proceeding and
waive service of summons on me.
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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.
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That I wish to and do understand that by signing this |
consent I do
irrevocably and permanently give up all custody |
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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.
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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.
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That I have read and understand the above and I am signing |
it as my
free and voluntary act.
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Dated (insert date).
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........................
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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:
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FINAL AND IRREVOCABLE CONSENT
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TO STANDBY ADOPTION
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I, ..., (relationship, e.g. mother or father)
of ...., a |
..male child, state:
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That the child was born on .... at .....
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That I reside at ...., County of ...., and State of .....
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That I am of the age of .... years.
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That I hereby enter my appearance in this proceeding and |
waive service of
summons on me in this action only.
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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.
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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
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parent's) request for the entry of a final judgment for |
adoption if .....
(specified person or persons) adopt my child.
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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).
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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
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persons) adopt my child.
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I understand that this consent to standby adoption is valid |
only if the
petition for standby adoption is filed and that if |
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....... (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
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this consent is void. I have the right to notice of any other |
proceeding that
could affect my parental rights.
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That I have read and understand the above and I am signing |
it as my free and
voluntary act.
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Dated (insert date).
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....................
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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.
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(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:
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If .... (specified persons) obtain a judgment of
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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 .....
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(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 |
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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
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surviving person adopts my child.
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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.
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(3) The form of the certificate of acknowledgement for a |
Final and
Irrevocable Consent for Standby Adoption shall be |
substantially as follows:
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STATE OF .....)
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) SS.
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COUNTY OF ....)
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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
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acknowledged that (she) (he) signed and
delivered the consent |
as (her) (his) free and voluntary act, for the specified
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purpose.
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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
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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.
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Dated (insert date).
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Signature..............................
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(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:
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(a) the specified person or persons do not file a petition |
for standby
adoption of the child; or
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(b) a court denies the standby adoption petition.
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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.
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C. The form of surrender to any agency given by a parent of |
a born
child who is to be subsequently placed for adoption |
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shall be
substantially as follows and shall contain such other |
facts and
statements as the particular agency shall require.
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FINAL AND IRREVOCABLE SURRENDER
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FOR PURPOSES OF ADOPTION
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I, .... (relationship, e.g., mother, father, relative, |
guardian) of
...., a ..male child, state:
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That such child was born on ...., at .....
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That I reside at ...., County of ...., and State of .....
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That I am of the age of .... years.
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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.
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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
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such child.
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That I wish to and understand that by signing this |
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surrender I do
irrevocably and permanently give up all custody |
and other parental
rights I have to such child.
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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.
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That I have read and understand the above and I am signing |
it as my
free and voluntary act.
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Dated (insert date).
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........................
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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.
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SURRENDER OF UNBORN CHILD FOR
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PURPOSES OF ADOPTION
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I, .... (father), state:
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That I am the father of a child expected to be born on or |
about ....
to .... (name of mother).
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That I reside at ...., County of ...., and State of .....
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That I am of the age of .... years.
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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 |
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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.
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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
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such child.
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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.
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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.
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That I have read and understand the above and I am signing |
it as my
free and voluntary act.
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Dated (insert date).
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........................
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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:
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CONSENT
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I, ...., (father) (mother) of ...., an adult, state:
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That I reside at ...., County of .... and State of .....
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That I do hereby consent and agree to the adoption of such |
adult by
.... and .....
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Dated (insert date).
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.........................
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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:
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CONSENT
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I, ...., state:
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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 .....
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Dated (insert date).
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........................
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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 |
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appointment and the authority of the guardian to
execute such |
consent.
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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.
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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 |
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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.
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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:
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STATE OF ....)
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) SS.
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COUNTY OF ...)
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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.
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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.
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Dated (insert date).
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Signature ...............
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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 |
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signature on the certificate
acknowledged before a notary |
public, in form substantially as follows:
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STATE OF ....)
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) SS.
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COUNTY OF ...)
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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.
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Dated (insert date).
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Signature ...................... Notary Public
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(official seal)
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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.
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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.
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M. Where a consent or a surrender is signed in a foreign |
country,
the execution of such consent shall be acknowledged or |
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affirmed in a
manner conformable to the law and procedure of |
such country.
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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.
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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:
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(a) in whose physical custody the child has resided for |
at least 6
months;
or
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(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
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(c) in whose physical custody a child under one year of |
age has resided
for at least 3 months.
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A consent under this subsection O shall be acknowledged by a |
parent pursuant to
subsection H and subsection K of this |
Section.
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(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:
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FINAL AND IRREVOCABLE CONSENT TO ADOPTION BY
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A SPECIFIED PERSON OR PERSONS
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I, ......................................, the |
.................. (mother or
father) of a ....male child, |
state:
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1. My child ............................ (name of |
child) was born on
(insert date) at .................... |
Hospital in
................ County, State of |
...............
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2. I reside at ......................, County of |
............. and
State of ..............
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3. I, ..........................., am .... years old.
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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.
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5. I consent to the adoption of my child by
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.............................
(specified person or |
persons) only.
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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).
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7. I understand my child will be adopted by |
.............................
(specified person or |
persons) only and that I cannot under any circumstances,
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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.
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Dated (insert date).
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.............................................
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Signature of parent
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(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
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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.
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(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.
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COUNTY OF.............)
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I, .................... (Name of Judge or other person),
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..................... (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
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(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
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(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.
|