Bill Amendment: IL SB1999 | 2023-2024 | 103rd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: ABANDONED INFANTS
Status: 2023-08-04 - Public Act . . . . . . . . . 103-0501 [SB1999 Detail]
Download: Illinois-2023-SB1999-House_Amendment_001.html
Bill Title: ABANDONED INFANTS
Status: 2023-08-04 - Public Act . . . . . . . . . 103-0501 [SB1999 Detail]
Download: Illinois-2023-SB1999-House_Amendment_001.html
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1 | AMENDMENT TO SENATE BILL 1999
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2 | AMENDMENT NO. ______. Amend Senate Bill 1999 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 10. The Abandoned Newborn Infant Protection Act | ||||||
5 | is amended by changing Sections 5, 10, 20, 22, 35, 37, 40, 45, | ||||||
6 | 50, 55, 60, and 65 as follows:
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7 | (325 ILCS 2/5)
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8 | Sec. 5. Public policy. Illinois recognizes that newborn
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9 | infants have been abandoned to the environment or to other
| ||||||
10 | circumstances that may be unsafe to the newborn infant. These
| ||||||
11 | circumstances have caused injury and death to newborn infants | ||||||
12 | and
give rise to potential civil or criminal liability to | ||||||
13 | parents who may be under
severe emotional distress.
It is | ||||||
14 | recognized that establishing an adoption
plan is preferable to | ||||||
15 | relinquishing a child using the procedures outlined in
this | ||||||
16 | Act, but to reduce the
chance of injury to a newborn infant, |
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| |||||||
1 | this Act provides a safer
alternative. This Act is intended to | ||||||
2 | provide a mechanism for a newborn infant to be
relinquished to | ||||||
3 | a safe environment and for the parents of the infant
to remain | ||||||
4 | anonymous if they choose and to avoid civil or criminal | ||||||
5 | liability for
the act of
relinquishing the infant. It is | ||||||
6 | recognized that establishing an adoption
plan is preferable to | ||||||
7 | relinquishing a child using the procedures outlined in
this | ||||||
8 | Act, but to reduce the
chance of injury to a newborn infant, | ||||||
9 | this Act provides a safer
alternative.
| ||||||
10 | A public information campaign on this delicate issue shall | ||||||
11 | be implemented to
encourage parents considering abandonment of | ||||||
12 | their newborn child to relinquish
the child under the | ||||||
13 | procedures outlined in this Act, to choose a traditional
| ||||||
14 | adoption plan, or to parent a child themselves rather than | ||||||
15 | place the newborn
infant in harm's way.
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16 | (Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01 .)
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17 | (325 ILCS 2/10)
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18 | Sec. 10. Definitions. In this Act:
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19 | "Abandon" has the same meaning as in the Abused and | ||||||
20 | Neglected
Child Reporting Act.
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21 | "Abused child" has the same meaning as in the Abused and | ||||||
22 | Neglected
Child Reporting Act.
| ||||||
23 | " Child welfare Child-placing agency" means an Illinois a | ||||||
24 | licensed public or private agency
that receives a child for | ||||||
25 | the purpose of placing or arranging
for the placement of the |
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| |||||||
1 | child in a foster or pre-adoptive family home or
other | ||||||
2 | facility for child care, apart from the custody of the child's
| ||||||
3 | parents.
| ||||||
4 | "Department" or "DCFS" means the Illinois Department of | ||||||
5 | Children and
Family Services.
| ||||||
6 | "Emergency medical facility" means a freestanding | ||||||
7 | emergency center or
trauma center, as defined in the Emergency | ||||||
8 | Medical Services (EMS) Systems
Act.
| ||||||
9 | "Emergency medical professional" includes licensed | ||||||
10 | physicians, and any
emergency medical technician, emergency | ||||||
11 | medical
technician-intermediate, advanced emergency medical | ||||||
12 | technician, paramedic,
trauma nurse specialist, and | ||||||
13 | pre-hospital registered nurse, as defined in the
Emergency | ||||||
14 | Medical Services (EMS) Systems Act.
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15 | "Fire station" means a fire station within the State with | ||||||
16 | at least one staff person.
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17 | "Hospital" has the same meaning as in the Hospital | ||||||
18 | Licensing Act.
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19 | "Legal custody" means the relationship created by a court | ||||||
20 | order in
the best interest of a newborn infant that imposes on | ||||||
21 | the infant's custodian
the responsibility of physical | ||||||
22 | possession of the infant, the duty to
protect, train, and | ||||||
23 | discipline the infant, and the duty to provide the infant
with | ||||||
24 | food,
shelter, education, and medical care, except as these | ||||||
25 | are limited by
parental rights and responsibilities.
| ||||||
26 | "Neglected child" has the same meaning as in the Abused |
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1 | and
Neglected Child Reporting Act.
| ||||||
2 | "Newborn infant" means a child who a licensed physician | ||||||
3 | reasonably
believes is 30 days old or less at the time the | ||||||
4 | child is
initially relinquished to a hospital, police station, | ||||||
5 | fire station, or
emergency
medical facility, and who is not an | ||||||
6 | abused or a neglected child.
| ||||||
7 | "Parent" or "biological parent" or "birth parent" means a | ||||||
8 | person who has established maternity or paternity of the | ||||||
9 | newborn infant through genetic testing. | ||||||
10 | "Police station" means a municipal police station, a | ||||||
11 | county sheriff's
office, a campus police department located on | ||||||
12 | any college or university owned or controlled by the State or | ||||||
13 | any private college or private university that is not owned or | ||||||
14 | controlled by the State when employees of the campus police | ||||||
15 | department are present, or any of the district headquarters of | ||||||
16 | the Illinois State Police.
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17 | "Relinquish" means to bring a newborn infant, who a
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18 | licensed physician reasonably believes is 30 days old or less,
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19 | to a hospital, police station, fire station, or emergency | ||||||
20 | medical facility
and
to leave the infant with personnel of the | ||||||
21 | facility, if the person leaving the
infant does not express an | ||||||
22 | intent to return for the
infant or states that he or she will | ||||||
23 | not return for the infant.
In the case of a mother who gives | ||||||
24 | birth to an infant in a hospital,
the mother's act of leaving | ||||||
25 | that newborn infant at the
hospital (i) without expressing an | ||||||
26 | intent to return for the infant or (ii)
stating that she will |
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| |||||||
1 | not return for the infant is not a "relinquishment" under
this | ||||||
2 | Act.
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3 | "Temporary protective custody" means the temporary | ||||||
4 | placement of
a newborn infant within a hospital or other | ||||||
5 | medical facility out of the
custody of the infant's parent.
| ||||||
6 | (Source: P.A. 97-293, eff. 8-11-11; 98-973, eff. 8-15-14.)
| ||||||
7 | (325 ILCS 2/20)
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8 | Sec. 20. Procedures with respect to relinquished newborn
| ||||||
9 | infants.
| ||||||
10 | (a) Hospitals. Every hospital must accept and
provide all | ||||||
11 | necessary emergency services and care to a relinquished
| ||||||
12 | newborn infant, in accordance with this Act.
The hospital | ||||||
13 | shall examine a relinquished newborn infant and perform tests
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14 | that, based on reasonable medical judgment, are appropriate in | ||||||
15 | evaluating
whether the relinquished newborn infant was abused | ||||||
16 | or neglected.
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17 | The act of relinquishing a newborn infant serves as | ||||||
18 | implied
consent for the hospital and its medical personnel and | ||||||
19 | physicians on
staff to treat and provide care for the
infant.
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20 | The hospital shall be deemed to have temporary protective | ||||||
21 | custody of a
relinquished newborn
infant until the infant is | ||||||
22 | discharged to the custody of a
child welfare child-placing | ||||||
23 | agency or the Department.
The hospital shall provide all | ||||||
24 | available medical records and information to the Department | ||||||
25 | and the child welfare agency that has accepted the referral of |
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1 | the infant in accordance with Section 50.
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2 | (b) Fire stations and emergency medical facilities. Every | ||||||
3 | fire
station and emergency medical facility must accept and
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4 | provide all necessary emergency services and care to a | ||||||
5 | relinquished
newborn infant, in accordance with this Act.
| ||||||
6 | The act of relinquishing a newborn infant serves as | ||||||
7 | implied
consent for the fire station or emergency medical | ||||||
8 | facility and
its emergency medical professionals to treat and | ||||||
9 | provide care for the
infant, to the extent that those | ||||||
10 | emergency medical professionals are trained
to
provide those | ||||||
11 | services.
| ||||||
12 | After the relinquishment of a newborn infant to a fire | ||||||
13 | station or
emergency medical facility, the fire station or | ||||||
14 | emergency medical
facility's personnel must arrange for the | ||||||
15 | transportation of the
infant to the nearest hospital as soon | ||||||
16 | as
transportation can be arranged.
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17 | If the person who relinquished or a person claiming to be | ||||||
18 | the parent of a newborn infant returns to reclaim the
infant | ||||||
19 | child within 30 days 72 hours after the infant was | ||||||
20 | relinquished relinquishing the child to a fire station or
| ||||||
21 | emergency
medical facility, the fire station or emergency | ||||||
22 | medical facility must inform
such person the parent of the | ||||||
23 | name and location of the hospital to which the infant was
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24 | transported.
| ||||||
25 | (c) Police stations. Every police station must accept a | ||||||
26 | relinquished
newborn
infant, in accordance with this Act. |
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1 | After the relinquishment of a newborn
infant to a
police | ||||||
2 | station, the police station must arrange for the | ||||||
3 | transportation of the
infant to the
nearest hospital as soon | ||||||
4 | as transportation can be arranged.
The act of relinquishing a
| ||||||
5 | newborn infant serves as implied consent for the hospital to | ||||||
6 | which the infant
is
transported and that hospital's medical | ||||||
7 | personnel and physicians on staff to
treat and
provide care | ||||||
8 | for the infant.
| ||||||
9 | If the person who relinquished or a person claiming to be | ||||||
10 | the parent of a newborn infant returns to reclaim the infant | ||||||
11 | within 30 days 72
hours after
the infant was relinquished | ||||||
12 | relinquishing the infant to a police station,
the police | ||||||
13 | station must inform such person the parent of the
name and | ||||||
14 | location of the hospital to which the infant was transported.
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15 | (Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01; | ||||||
16 | 93-820, eff. 7-27-04 .)
| ||||||
17 | (325 ILCS 2/22) | ||||||
18 | Sec. 22. Signage Signs . Every hospital, fire station, | ||||||
19 | emergency medical facility, and police station that is | ||||||
20 | required to accept a relinquished newborn infant in accordance | ||||||
21 | with this Act must post, either by physical or electronic | ||||||
22 | means, a sign in a conspicuous place on the exterior of the | ||||||
23 | building housing the facility informing persons that a newborn | ||||||
24 | infant may be relinquished at the facility in accordance with | ||||||
25 | this Act. The Department shall prescribe specifications for |
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1 | the signs and for their placement that will ensure statewide | ||||||
2 | uniformity. | ||||||
3 | This Section does not apply to a hospital, fire station, | ||||||
4 | emergency medical facility, or police station that has a sign | ||||||
5 | that is consistent with the requirements of this Section that | ||||||
6 | is posted on the effective date of this amendatory Act of the | ||||||
7 | 95th General Assembly.
| ||||||
8 | (Source: P.A. 102-4, eff. 4-27-21.)
| ||||||
9 | (325 ILCS 2/35)
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10 | Sec. 35. Information for relinquishing person. | ||||||
11 | (a) The A hospital, police
station, fire station,
or | ||||||
12 | emergency
medical facility that receives a newborn infant | ||||||
13 | relinquished in accordance with
this
Act shall must offer an | ||||||
14 | information packet to the relinquishing person information | ||||||
15 | about the relinquishment process and, either in writing or by | ||||||
16 | referring such person to a website or other electronic | ||||||
17 | resource, such information shall state if
possible, must | ||||||
18 | clearly inform the relinquishing person that his or her
| ||||||
19 | acceptance of the
information is completely voluntary. The
| ||||||
20 | information packet must include all of
the following:
| ||||||
21 | (1) (Blank).
| ||||||
22 | (2) Written notice of the following:
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23 | (A) No sooner than 60 days following the date of | ||||||
24 | the
initial relinquishment of the infant to a | ||||||
25 | hospital, police station,
fire station, or emergency |
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1 | medical facility, the child welfare child-placing | ||||||
2 | agency or the
Department will
commence proceedings for | ||||||
3 | the termination of
parental rights and placement of | ||||||
4 | the infant for
adoption.
| ||||||
5 | (B) Failure of a parent of the
infant to contact | ||||||
6 | the Department and
petition for the return of custody | ||||||
7 | of the
infant before termination of parental rights
| ||||||
8 | bars any future action asserting legal rights
with | ||||||
9 | respect to the infant.
| ||||||
10 | (3) A resource list of providers of counseling
| ||||||
11 | services including grief counseling, pregnancy counseling, | ||||||
12 | and
counseling regarding adoption and other available | ||||||
13 | options for placement of the
infant.
| ||||||
14 | Upon request of a parent, the Department of Public Health | ||||||
15 | shall provide the
application forms for the Illinois Adoption | ||||||
16 | Registry and Medical Information
Exchange.
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17 | (b) The information offered packet given to a | ||||||
18 | relinquishing person parent in accordance with this Act shall | ||||||
19 | include, in addition to other information required under this | ||||||
20 | Act, the following: | ||||||
21 | (1) Information A brochure (with a self-mailer | ||||||
22 | attached) that describes this Act and the rights of birth | ||||||
23 | parents, including an option optional section for the | ||||||
24 | parent to complete and mail to the Department of Children | ||||||
25 | and Family Services a form , that shall ask for basic | ||||||
26 | anonymous background information about the relinquished |
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| |||||||
1 | child. This form brochure shall be maintained by the | ||||||
2 | Department on its website. | ||||||
3 | (2) Information about A brochure that describes the | ||||||
4 | Illinois Adoption Registry, including a toll-free number | ||||||
5 | and website information. This brochure shall be maintained | ||||||
6 | on the Office of Vital Records website. | ||||||
7 | (3) Information about a mother's A brochure describing | ||||||
8 | postpartum health information for the mother . | ||||||
9 | The information provided in writing or through electronic | ||||||
10 | means packet shall be designed in coordination between the | ||||||
11 | Office of Vital Records and the Department of Children and | ||||||
12 | Family Services . The Failure to provide such information under | ||||||
13 | this Section or the failure of the relinquishing person to | ||||||
14 | accept such information shall not invalidate the | ||||||
15 | relinquishment under this Act. , with the exception of the | ||||||
16 | resource list of providers of counseling services and adoption | ||||||
17 | agencies, which shall be provided by the hospital, fire | ||||||
18 | station, police station, sheriff's office, or emergency | ||||||
19 | medical facility. | ||||||
20 | (Source: P.A. 96-1114, eff. 7-20-10; 97-333, eff. 8-12-11.)
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21 | (325 ILCS 2/37) | ||||||
22 | Sec. 37. Public disclosure of information prohibited. | ||||||
23 | Emergency medical professionals, employees, or other persons | ||||||
24 | engaged in the administration or operation of a fire station, | ||||||
25 | police station, hospital, emergency medical facility, child |
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1 | welfare child placing agency, or the Department where a | ||||||
2 | newborn infant baby has been relinquished or transferred under | ||||||
3 | this Act, are prohibited from publicly disclosing any | ||||||
4 | information concerning the relinquishment of the infant and | ||||||
5 | the individuals involved, except as otherwise provided by law.
| ||||||
6 | (Source: P.A. 95-549, eff. 6-1-08 .)
| ||||||
7 | (325 ILCS 2/40)
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8 | Sec. 40. Reporting requirements.
| ||||||
9 | (a) Within 12 hours after accepting a newborn infant
from | ||||||
10 | a relinquishing person or from a police station, fire station, | ||||||
11 | or
emergency medical
facility in accordance with this Act, a | ||||||
12 | hospital must report to the
Department's State Central | ||||||
13 | Registry for the purpose of transferring
physical custody of | ||||||
14 | the infant from the hospital to either a
child welfare | ||||||
15 | child-placing agency or the Department.
| ||||||
16 | (b) Within 24 hours after receiving a report under | ||||||
17 | subsection (a), the
Department must request assistance from | ||||||
18 | law enforcement
officials to investigate the matter using the | ||||||
19 | National Crime Information Center
to ensure that the | ||||||
20 | relinquished newborn infant is not a missing
child.
| ||||||
21 | (c) Once a hospital has made a report to the Department
| ||||||
22 | under subsection (a), the
Department must
arrange for
a | ||||||
23 | licensed child welfare child-placing agency to accept physical | ||||||
24 | custody of the relinquished
newborn infant.
| ||||||
25 | (d) If a relinquished child is not a newborn infant as |
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| |||||||
1 | defined
in this Act, the hospital and the Department must | ||||||
2 | proceed as if the child is an
abused or neglected child.
| ||||||
3 | (Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01; | ||||||
4 | 93-820, eff. 7-27-04 .)
| ||||||
5 | (325 ILCS 2/45)
| ||||||
6 | Sec. 45. Medical assistance. Notwithstanding any other | ||||||
7 | provision of
law, a newborn infant relinquished in accordance | ||||||
8 | with this Act shall be deemed
eligible for medical assistance | ||||||
9 | under
the Illinois Public Aid Code, and a hospital
providing | ||||||
10 | medical services to such an infant shall be reimbursed for | ||||||
11 | those
services in accordance with the payment
methodologies | ||||||
12 | authorized under that
Code. In addition, for
any day that a | ||||||
13 | hospital has custody of a newborn infant
relinquished in | ||||||
14 | accordance with this Act and the infant does not require
| ||||||
15 | medically necessary care, the hospital shall be reimbursed by | ||||||
16 | the
Department of Healthcare and Family Services at the | ||||||
17 | general acute care per diem rate, in accordance
with 89 Ill. | ||||||
18 | Adm. Code 148.270(c). The hospital shall complete and submit | ||||||
19 | an application for medical assistance provided under Article V | ||||||
20 | of the Illinois Public Aid Code on behalf of the infant. The | ||||||
21 | Department of Healthcare and Family Services may adopt rules | ||||||
22 | in accordance with this Section.
| ||||||
23 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
24 | (325 ILCS 2/50)
|
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1 | Sec. 50. Child welfare Child-placing agency procedures.
| ||||||
2 | (a) The Department's
State Central Registry must maintain | ||||||
3 | a list of licensed child welfare child-placing
agencies | ||||||
4 | willing to take legal custody of newborn infants relinquished
| ||||||
5 | in accordance with this Act. The
child welfare child-placing | ||||||
6 | agencies on the list must be contacted by the
Department on a | ||||||
7 | rotating basis upon notice from a hospital
that a newborn | ||||||
8 | infant has been
relinquished in accordance with this Act.
| ||||||
9 | (b) Upon notice from the Department that a newborn infant | ||||||
10 | has
been relinquished in accordance with this Act, a child | ||||||
11 | welfare child-placing
agency must accept the newborn infant if | ||||||
12 | the agency has the accommodations to
do
so. The
child welfare | ||||||
13 | child-placing agency must seek an order for legal custody of | ||||||
14 | the
infant upon its acceptance of the infant.
| ||||||
15 | (c) Within 3 business days after accepting the referral | ||||||
16 | from the Department assuming physical custody of the infant ,
| ||||||
17 | the child welfare child-placing agency shall file a
petition
| ||||||
18 | for custody in the division of the
circuit court in which | ||||||
19 | petitions for adoption would normally be
heard. The petition | ||||||
20 | for custody shall allege that the newborn infant has been | ||||||
21 | relinquished
in accordance with this Act and shall request | ||||||
22 | state that the child welfare child-placing agency
be given the | ||||||
23 | authority intends to place the infant in an adoptive home , | ||||||
24 | foster home, child care facility, or other facility | ||||||
25 | appropriate for the needs of the infant. No filing or | ||||||
26 | appearance fees shall be charged to any petitioner .
|
| |||||||
| |||||||
1 | (d) If no licensed child welfare child-placing agency is | ||||||
2 | able to accept the
relinquished newborn infant, then the | ||||||
3 | Department must assume
responsibility for the infant as soon | ||||||
4 | as practicable.
| ||||||
5 | (e) A custody order issued under subsection (b) shall | ||||||
6 | grant the child welfare agency the authority to make medical | ||||||
7 | and health-related decisions for the infant. The order shall | ||||||
8 | remain in
effect until a final adoption order based on the | ||||||
9 | relinquished newborn
infant's best interests is issued in | ||||||
10 | accordance with this Act and the Adoption
Act.
| ||||||
11 | (f) When possible, the child welfare child-placing agency | ||||||
12 | must place a
relinquished newborn infant in a prospective | ||||||
13 | adoptive home.
| ||||||
14 | (g) The Department or child welfare child-placing agency | ||||||
15 | must initiate proceedings to (i)
terminate the parental rights | ||||||
16 | of the relinquished newborn infant's
known or unknown parents, | ||||||
17 | (ii) appoint a guardian for the infant, and
(iii) obtain | ||||||
18 | consent to the infant's adoption in accordance with this
Act | ||||||
19 | no sooner than 60 days following the date of the initial
| ||||||
20 | relinquishment of the infant to the hospital, police station, | ||||||
21 | fire station,
or
emergency medical facility.
| ||||||
22 | (h) Before filing a petition for termination of parental
| ||||||
23 | rights, the Department or child welfare child-placing agency | ||||||
24 | must do the following:
| ||||||
25 | (1) If the name of either the biological parent is | ||||||
26 | known, search the Illinois Search its Putative Father |
| |||||||
| |||||||
1 | Registry for the purpose of
determining the identity and | ||||||
2 | location of the putative father of
the relinquished | ||||||
3 | newborn infant who is, or is expected to be, the
subject of | ||||||
4 | an adoption proceeding, in order to provide notice of
the | ||||||
5 | proceeding to the putative father. At least one search of | ||||||
6 | the
Registry must be conducted, at least 30 days after the
| ||||||
7 | relinquished newborn infant's estimated date of birth; | ||||||
8 | earlier
searches may be conducted, however. Notice to any | ||||||
9 | potential
putative father discovered in a search of the | ||||||
10 | Registry according
to the estimated age of the | ||||||
11 | relinquished newborn infant must be
in accordance with the | ||||||
12 | Code of Civil Procedure or Section 12a of the Adoption | ||||||
13 | Act.
If the names of all the alleged parents are unknown, | ||||||
14 | then a search is not required under this Section.
| ||||||
15 | (2) Verify with the Department that, in accordance | ||||||
16 | with subsection (b) of Section 40, with law enforcement | ||||||
17 | officials, using the National Crime
Information Center,
| ||||||
18 | that the relinquished newborn infant is not a missing | ||||||
19 | child.
| ||||||
20 | (Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01; | ||||||
21 | 93-820, eff. 7-27-04 .)
| ||||||
22 | (325 ILCS 2/55)
| ||||||
23 | Sec. 55. Petition for return of custody.
| ||||||
24 | (a) A parent or person claiming to be a parent of a newborn | ||||||
25 | infant relinquished
in accordance with this Act may petition |
| |||||||
| |||||||
1 | for the return of custody of
the infant before the termination | ||||||
2 | of parental
rights with respect to the infant.
| ||||||
3 | (b) A parent of a newborn infant relinquished
in | ||||||
4 | accordance with this Act may petition for the return of | ||||||
5 | custody of
the infant by contacting the Department
for the | ||||||
6 | purpose of obtaining the name of the child welfare | ||||||
7 | child-placing agency with custody of the infant and the | ||||||
8 | appropriate court in which the petition for return of custody | ||||||
9 | of the infant must be filed, and then
filing
a petition for | ||||||
10 | return of custody in the circuit court in which the
proceeding | ||||||
11 | for the termination of parental rights is pending.
No filing | ||||||
12 | fees or appearance fees shall be charged to any petitioner.
| ||||||
13 | (c) (Blank). If a petition for the termination of parental | ||||||
14 | rights has not
been filed by the Department or the | ||||||
15 | child-placing agency, the parent of the
relinquished newborn | ||||||
16 | infant must contact the Department, which must
notify the | ||||||
17 | parent of the appropriate court in which
the petition for | ||||||
18 | return of custody must be filed.
| ||||||
19 | (d) The circuit court may hold the proceeding for the | ||||||
20 | termination of
parental rights in abeyance for a period not to | ||||||
21 | exceed 60 days from the date
that the petition for return of | ||||||
22 | custody was filed without a
showing of good cause. During that | ||||||
23 | period:
| ||||||
24 | (1) The court shall order genetic testing to establish | ||||||
25 | maternity
or
paternity, or both.
| ||||||
26 | (2) The Department shall conduct a child protective |
| |||||||
| |||||||
1 | investigation and home
study to develop recommendations to | ||||||
2 | the court.
| ||||||
3 | (3) When indicated as a result of the Department's | ||||||
4 | investigation and home
study, further proceedings under | ||||||
5 | the Juvenile Court Act of 1987 as the court
determines | ||||||
6 | appropriate, may be conducted. However,
relinquishment of
| ||||||
7 | a newborn infant
in accordance with this Act does not | ||||||
8 | render the infant abused,
neglected, or abandoned solely | ||||||
9 | because the newborn infant was relinquished to a
hospital, | ||||||
10 | police station, fire station, or emergency medical | ||||||
11 | facility in
accordance with this
Act.
| ||||||
12 | (4) The court shall appoint a guardian ad litem to | ||||||
13 | represent the interests of the infant. | ||||||
14 | (e) Failure to file a petition for the return of custody of | ||||||
15 | a
relinquished newborn infant before the termination
of | ||||||
16 | parental rights
bars any future action asserting legal rights | ||||||
17 | with respect to the
infant unless the parent's act
of | ||||||
18 | relinquishment that led to the termination of parental rights
| ||||||
19 | involved fraud perpetrated against and not stemming from or | ||||||
20 | involving
the parent of the newborn infant . No
action to void | ||||||
21 | or revoke the termination of parental rights of a parent
of a | ||||||
22 | newborn infant relinquished in accordance with
this Act, | ||||||
23 | including an action based on fraud, may be commenced after 12
| ||||||
24 | months after the date that the newborn infant was initially
| ||||||
25 | relinquished to a hospital, police station, fire station, or | ||||||
26 | emergency
medical
facility.
|
| |||||||
| |||||||
1 | (Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01; | ||||||
2 | 93-820, eff. 7-27-04 .)
| ||||||
3 | (325 ILCS 2/60)
| ||||||
4 | Sec. 60. Department's duties. The Department must | ||||||
5 | implement a
public information program to promote safe | ||||||
6 | placement alternatives for newborn
infants. The public | ||||||
7 | information program must inform the public of the
following:
| ||||||
8 | (1) The relinquishment alternative provided for in | ||||||
9 | this
Act, which results in the adoption of a newborn | ||||||
10 | infant relinquished under 30 7 days of age
and which
| ||||||
11 | provides for the parent's
anonymity, if the parent so | ||||||
12 | chooses.
| ||||||
13 | (2) The alternative of adoption
through a public or | ||||||
14 | private agency, in which the parent's identity may or may
| ||||||
15 | not be known to the agency, but is kept anonymous from the | ||||||
16 | adoptive parents, if
the birth parent so desires, and | ||||||
17 | which allows the parent to be actively
involved in the | ||||||
18 | child's adoption plan.
| ||||||
19 | The public information program may include, but
need
not | ||||||
20 | be limited to, the
following elements:
| ||||||
21 | (i) Educational and informational materials in print, | ||||||
22 | audio, video,
electronic or other media.
| ||||||
23 | (ii) Establishment of a web site.
| ||||||
24 | (iii) Public service announcements and advertisements.
| ||||||
25 | (iv) Establishment of toll-free
telephone
hotlines to |
| |||||||
| |||||||
1 | provide information.
| ||||||
2 | (Source: P.A. 94-941, eff. 6-26-06.)
| ||||||
3 | (325 ILCS 2/65)
| ||||||
4 | Sec. 65. Evaluation.
| ||||||
5 | (a) The Department shall collect and analyze
information | ||||||
6 | regarding the relinquishment of newborn infants and placement | ||||||
7 | of
children under this Act. Police stations, fire stations, | ||||||
8 | emergency medical
facilities, and
medical professionals | ||||||
9 | accepting and providing services to a newborn infant
under | ||||||
10 | this Act shall report to the Department data necessary for the | ||||||
11 | Department
to evaluate and determine the effect of this Act in | ||||||
12 | the prevention of injury
or death of newborn infants. Child | ||||||
13 | welfare Child-placing agencies shall report to the
Department | ||||||
14 | data necessary to evaluate and determine the effectiveness of | ||||||
15 | these
agencies in providing child protective and child welfare | ||||||
16 | services to newborn
infants relinquished under this Act.
| ||||||
17 | (b) The information collected shall include,
but need not | ||||||
18 | be limited to: the number of newborn infants relinquished; the | ||||||
19 | category of the place of relinquishment (hospital, police | ||||||
20 | station, fire station, or emergency medical facility); the
| ||||||
21 | services provided to relinquished newborn infants; the outcome
| ||||||
22 | of care for the relinquished newborn infants; the number and | ||||||
23 | disposition of
cases of relinquished newborn infants subject | ||||||
24 | to placement; the number of
children accepted and served by | ||||||
25 | child welfare child-placing agencies; and the services
|
| |||||||
| |||||||
1 | provided by child welfare child-placing agencies and the | ||||||
2 | disposition of the cases of the
children placed under this | ||||||
3 | Act.
| ||||||
4 | (c) The Department shall submit a report by
January 1, | ||||||
5 | 2002, and on January 1 of each
year thereafter, to the Governor | ||||||
6 | and General Assembly regarding the prevention
of injury or | ||||||
7 | death of newborn infants and the effect of placements of | ||||||
8 | children
under this Act. The report shall include, but need | ||||||
9 | not be limited to, a
summary of
collected data, an analysis of | ||||||
10 | the data and conclusions regarding the Act's
effectiveness, a | ||||||
11 | determination whether the purposes of the Act are being
| ||||||
12 | achieved,
and recommendations for changes that may be | ||||||
13 | considered necessary to improve the
administration and | ||||||
14 | enforcement of this Act.
| ||||||
15 | (Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01; | ||||||
16 | 93-820, eff. 7-27-04 .)
| ||||||
17 | Section 15. The Immunization Data Registry Act is amended | ||||||
18 | by changing Section 20 as follows:
| ||||||
19 | (410 ILCS 527/20)
| ||||||
20 | Sec. 20. Confidentiality of information; release of | ||||||
21 | information; statistics;
panel on expanding access.
| ||||||
22 | (a) Records maintained as part of the immunization data
| ||||||
23 | registry are confidential.
| ||||||
24 | (b) The Department may release an individual's |
| |||||||
| |||||||
1 | confidential
information to the individual or to the | ||||||
2 | individual's parent or guardian
if the individual is less than | ||||||
3 | 18 years of age.
| ||||||
4 | (c) Subject to subsection (d) of this Section, the | ||||||
5 | Department may release
information in the immunization data | ||||||
6 | registry concerning an
individual to the following entities:
| ||||||
7 | (1) The immunization data registry of another state.
| ||||||
8 | (2) A health care provider or a health care provider's | ||||||
9 | designee.
| ||||||
10 | (3) A local health department.
| ||||||
11 | (4) An elementary or secondary school that is attended | ||||||
12 | by the
individual.
| ||||||
13 | (5) A licensed child care center in
which the | ||||||
14 | individual is enrolled.
| ||||||
15 | (6) A licensed child welfare child-placing agency.
| ||||||
16 | (7) A college or university that is
attended by the | ||||||
17 | individual.
| ||||||
18 | (8) The Department of Healthcare and Family Services | ||||||
19 | or a managed care entity contracted with the Department of | ||||||
20 | Healthcare and Family Services to coordinate the provision | ||||||
21 | of medical care to enrollees of the medical assistance | ||||||
22 | program. | ||||||
23 | (d) Before immunization data may be released to an entity, | ||||||
24 | the
entity must enter into an agreement with the Department | ||||||
25 | that
provides that information that identifies a patient will | ||||||
26 | not be released
to any other person without the written |
| |||||||
| |||||||
1 | consent of the patient.
| ||||||
2 | (e) The Department may release summary statistics | ||||||
3 | regarding
information in the immunization data registry if the | ||||||
4 | summary
statistics do not reveal the identity of an | ||||||
5 | individual.
| ||||||
6 | (Source: P.A. 97-117, eff. 7-14-11; 98-651, eff. 6-16-14.)
| ||||||
7 | Section 20. The Illinois Parentage Act of 2015 is amended | ||||||
8 | by changing Section 602 as follows:
| ||||||
9 | (750 ILCS 46/602) | ||||||
10 | Sec. 602. Standing. A complaint to adjudicate parentage | ||||||
11 | shall be verified, shall be designated a petition, and shall | ||||||
12 | name the person or persons alleged to be the parent of the | ||||||
13 | child. Subject to Article 3 and Sections 607, 608, and 609 of | ||||||
14 | this Act, a proceeding to adjudicate parentage may be | ||||||
15 | maintained by: | ||||||
16 | (a) the child;
| ||||||
17 | (b) the mother of the child;
| ||||||
18 | (c) a pregnant woman; | ||||||
19 | (d) a man presumed or alleging himself to be the | ||||||
20 | parent of the child; | ||||||
21 | (e) a woman presumed or alleging herself to be the | ||||||
22 | parent of the child; | ||||||
23 | (f) the support-enforcement agency or other | ||||||
24 | governmental agency authorized by other law;
|
| |||||||
| |||||||
1 | (g) any person or public agency that has physical | ||||||
2 | possession of or has custody of or has been allocated | ||||||
3 | parental responsibilities for, is providing financial | ||||||
4 | support to, or has provided financial support to the | ||||||
5 | child; | ||||||
6 | (h) the Department of Healthcare and Family Services | ||||||
7 | if it is providing, or has provided, financial support to | ||||||
8 | the child or if it is assisting with child support | ||||||
9 | collections services; | ||||||
10 | (i) an authorized adoption agency or licensed child | ||||||
11 | welfare child-placing agency; | ||||||
12 | (j) a representative authorized by law to act for an | ||||||
13 | individual who would otherwise be entitled to maintain a | ||||||
14 | proceeding but who is deceased, incapacitated, or a minor; | ||||||
15 | or | ||||||
16 | (k) an intended parent.
| ||||||
17 | (Source: P.A. 99-85, eff. 1-1-16; 99-769, eff. 1-1-17 .)
| ||||||
18 | Section 25. The Adoption Act is amended by changing | ||||||
19 | Sections 4.1 and 10 as follows:
| ||||||
20 | (750 ILCS 50/4.1) (from Ch. 40, par. 1506)
| ||||||
21 | Sec. 4.1. Adoption between multiple jurisdictions. It is | ||||||
22 | the public policy of this State to promote child welfare in | ||||||
23 | adoption between multiple jurisdictions by implementing | ||||||
24 | standards that foster permanency for children in an |
| |||||||
| |||||||
1 | expeditious manner while considering the best interests of the | ||||||
2 | child as paramount. Ensuring that standards for | ||||||
3 | interjurisdictional adoption are clear and applied | ||||||
4 | consistently, efficiently, and reasonably will promote the | ||||||
5 | best interests of the child in finding a permanent home. | ||||||
6 | (a) The Department of Children and Family Services shall | ||||||
7 | promulgate rules regarding the approval and regulation of | ||||||
8 | agencies providing, in this State, adoption services, as | ||||||
9 | defined in Section 2.24 of the Child Care Act of 1969, which | ||||||
10 | shall include, but not be limited to, a requirement that any | ||||||
11 | agency shall be licensed in this State as a child welfare | ||||||
12 | agency as defined in Section 2.08 of the Child Care Act of | ||||||
13 | 1969. Any out-of-state agency, if not licensed in this State | ||||||
14 | as a child welfare agency, must obtain the approval of the | ||||||
15 | Department in order to act as a sending agency, as defined in | ||||||
16 | Section 1 of the Interstate Compact on Placement of Children | ||||||
17 | Act, seeking to place a child into this State through a | ||||||
18 | placement subject to the Interstate Compact on the Placement | ||||||
19 | of Children. An out-of-state agency, if not licensed in this | ||||||
20 | State as a child welfare agency, is prohibited from providing | ||||||
21 | in this State adoption services, as defined by Section 2.24 of | ||||||
22 | the Child Care Act of 1969; shall comply with Section 12C-70 of | ||||||
23 | the Criminal Code of 2012; and shall provide all of the | ||||||
24 | following to the Department: | ||||||
25 | (1) A copy of the agency's current license or other | ||||||
26 | form of authorization from the approving authority in the |
| |||||||
| |||||||
1 | agency's state. If no license or authorization is issued, | ||||||
2 | the agency must provide a reference statement, from the | ||||||
3 | approving authority, stating that the agency is authorized | ||||||
4 | to place children in foster care or adoption or both in its | ||||||
5 | jurisdiction. | ||||||
6 | (2) A description of the program, including home | ||||||
7 | studies, placements, and supervisions, that the child | ||||||
8 | welfare child placing agency conducts within its | ||||||
9 | geographical area, and, if applicable, adoptive placements | ||||||
10 | and the finalization of adoptions. The child welfare child | ||||||
11 | placing agency must accept continued responsibility for | ||||||
12 | placement planning and replacement if the placement fails. | ||||||
13 | (3) Notification to the Department of any significant | ||||||
14 | child welfare child placing agency changes after approval. | ||||||
15 | (4) Any other information the Department may require. | ||||||
16 | The rules shall also provide that any agency that places | ||||||
17 | children for
adoption in this State may not, in any policy or | ||||||
18 | practice relating to the
placement of children for adoption, | ||||||
19 | discriminate against any child or
prospective adoptive parent | ||||||
20 | on the basis of race.
| ||||||
21 | (a-5) (Blank). | ||||||
22 | (b) Interstate adoptions. | ||||||
23 | (1) All interstate adoption placements under this Act | ||||||
24 | shall comply with the Child Care Act of 1969 and the | ||||||
25 | Interstate Compact on
the Placement of Children. The | ||||||
26 | placement of children with relatives by the Department of |
| |||||||
| |||||||
1 | Children and Family Services shall also comply with | ||||||
2 | subsection (b) of Section 7 of the Children and Family | ||||||
3 | Services Act. The Department may promulgate rules to | ||||||
4 | implement interstate adoption placements, including those | ||||||
5 | requirements set forth in this Section. | ||||||
6 | (2) If an adoption is finalized prior to bringing or | ||||||
7 | sending a child to this State, compliance with the | ||||||
8 | Interstate Compact on the Placement of Children is not | ||||||
9 | required. | ||||||
10 | (3) Approval requirements. The Department shall | ||||||
11 | promulgate procedures for interstate adoption placements | ||||||
12 | of children under this Act. No later than September 24, | ||||||
13 | 2017 (30 days after the effective date of Public Act | ||||||
14 | 100-344), the Department shall distribute a written list | ||||||
15 | of all preadoption approval requirements to all Illinois | ||||||
16 | licensed child welfare agencies performing adoption | ||||||
17 | services, and all out-of-state agencies approved under | ||||||
18 | this Section, and shall post the requirements on the | ||||||
19 | Department's website. The Department may not require any | ||||||
20 | further preadoption requirements other than those set | ||||||
21 | forth in the procedures required under this paragraph. The | ||||||
22 | procedures shall reflect the standard of review as stated | ||||||
23 | in the Interstate Compact on the Placement of Children and | ||||||
24 | approval shall be given by the Department if the placement | ||||||
25 | appears not to be contrary to the best interests of the | ||||||
26 | child.
|
| |||||||
| |||||||
1 | (4) Time for review and decision. In all cases where | ||||||
2 | the child to be placed is not a youth in care in Illinois | ||||||
3 | or any other state, a provisional or final approval for | ||||||
4 | placement shall be provided in writing from the Department | ||||||
5 | in accordance with the Interstate Compact on the Placement | ||||||
6 | of Children. Approval or denial of the placement must be | ||||||
7 | given by the Department as soon as practicable, but in no | ||||||
8 | event more than 3 business days of the receipt of the | ||||||
9 | completed referral packet by the Department's Interstate | ||||||
10 | Compact Administrator. Receipt of the packet shall be | ||||||
11 | evidenced by the packet's arrival at the address | ||||||
12 | designated by the Department to receive such referrals. | ||||||
13 | The written decision to approve or deny the placement | ||||||
14 | shall be communicated in an expeditious manner, including, | ||||||
15 | but not limited to, electronic means referenced in | ||||||
16 | paragraph (b)(7) of this Section, and shall be provided to | ||||||
17 | all Illinois licensed child welfare agencies involved in | ||||||
18 | the placement, all out-of-state child placing agencies | ||||||
19 | involved in the placement, and all attorneys representing | ||||||
20 | the prospective adoptive parent or biological parent. If, | ||||||
21 | during its initial review of the packet, the Department | ||||||
22 | believes there are any incomplete or missing documents, or | ||||||
23 | missing information, as required in paragraph (b)(3), the | ||||||
24 | Department shall, as soon as practicable, but in no event | ||||||
25 | more than 2 business days of receipt of the packet, | ||||||
26 | communicate a list of any incomplete or missing documents |
| |||||||
| |||||||
1 | and information to all Illinois licensed child welfare | ||||||
2 | agencies involved in the placement, all out-of-state child | ||||||
3 | placing agencies involved in the placement, and all | ||||||
4 | attorneys representing the adoptive parent or biological | ||||||
5 | parent. This list shall be communicated in an expeditious | ||||||
6 | manner, including, but not limited to, electronic means | ||||||
7 | referenced in paragraph (b)(7) of this Section. | ||||||
8 | (5) Denial of approval. In all cases where the child | ||||||
9 | to be placed is not a youth in the care of any state, if | ||||||
10 | the Department denies approval of an interstate placement, | ||||||
11 | the written decision referenced in paragraph (b)(4) of | ||||||
12 | this Section shall set forth the reason or reasons why the | ||||||
13 | placement was not approved and shall reference which | ||||||
14 | requirements under paragraph (b)(3) of this Section were | ||||||
15 | not met. The written decision shall be communicated in an | ||||||
16 | expeditious manner, including, but not limited to, | ||||||
17 | electronic means referenced in paragraph (b)(7) of this | ||||||
18 | Section, to all Illinois licensed child welfare agencies | ||||||
19 | involved in the placement, all out-of-state child placing | ||||||
20 | agencies involved in the placement, and all attorneys | ||||||
21 | representing the prospective adoptive parent or biological | ||||||
22 | parent. | ||||||
23 | (6) Provisional approval. Nothing in paragraphs (b)(3) | ||||||
24 | through (b)(5) of this Section shall preclude the | ||||||
25 | Department from issuing provisional approval of the | ||||||
26 | placement pending receipt of any missing or incomplete |
| |||||||
| |||||||
1 | documents or information. | ||||||
2 | (7) Electronic communication. All communications | ||||||
3 | concerning an interstate placement made between the | ||||||
4 | Department and an Illinois licensed child welfare agency, | ||||||
5 | an out-of-state child placing agency, and attorneys | ||||||
6 | representing the prospective adoptive parent or biological | ||||||
7 | parent, including the written communications referenced in | ||||||
8 | this Section, may be made through any type of electronic | ||||||
9 | means, including, but not limited to, electronic mail. | ||||||
10 | (c) Intercountry adoptions. The adoption of a child, if | ||||||
11 | the child is a habitual resident of a country other than the | ||||||
12 | United States and the petitioner is a habitual resident of the | ||||||
13 | United States, or, if the child is a habitual resident of the | ||||||
14 | United States and the petitioner is a habitual resident of a | ||||||
15 | country other than the United States, shall comply with the | ||||||
16 | Intercountry Adoption Act of 2000, as amended, and the | ||||||
17 | Immigration and Nationality Act, as amended. In the case of an | ||||||
18 | intercountry adoption that requires oversight by the adoption | ||||||
19 | services governed by the Intercountry Adoption Universal | ||||||
20 | Accreditation Act of 2012, this State shall not impose any | ||||||
21 | additional preadoption requirements.
| ||||||
22 | (d) (Blank).
| ||||||
23 | (e) Re-adoption after an intercountry adoption. | ||||||
24 | (1) Any time after a minor child has been adopted in a | ||||||
25 | foreign country and has immigrated to the United States, | ||||||
26 | the adoptive parent or parents of the child may petition |
| |||||||
| |||||||
1 | the court for a judgment of adoption to re-adopt the child | ||||||
2 | and confirm the foreign adoption decree. | ||||||
3 | (2) The petitioner must submit to the court one or | ||||||
4 | more of the following to verify the foreign adoption: | ||||||
5 | (i) an immigrant visa for the child issued by | ||||||
6 | United States Citizenship and Immigration Services of | ||||||
7 | the U.S. Department of Homeland Security that was | ||||||
8 | valid at the time of the child's immigration; | ||||||
9 | (ii) a decree, judgment, certificate of adoption, | ||||||
10 | adoption registration, or equivalent court order, | ||||||
11 | entered or issued by a court of competent jurisdiction | ||||||
12 | or administrative body outside the United States, | ||||||
13 | establishing the relationship of parent and child by | ||||||
14 | adoption; or | ||||||
15 | (iii) such other evidence deemed satisfactory by | ||||||
16 | the court. | ||||||
17 | (3) The child's immigrant visa shall be prima facie | ||||||
18 | proof that the adoption was established in accordance with | ||||||
19 | the laws of the foreign jurisdiction and met United States | ||||||
20 | requirements for immigration. | ||||||
21 | (4) If the petitioner submits documentation that | ||||||
22 | satisfies the requirements of paragraph (2), the court | ||||||
23 | shall not appoint a guardian ad litem for the minor who is | ||||||
24 | the subject of the proceeding, shall not require any | ||||||
25 | further termination of parental rights of the child's | ||||||
26 | biological parents, nor shall it require any home study, |
| |||||||
| |||||||
1 | investigation, post-placement visit, or background check | ||||||
2 | of the petitioner. | ||||||
3 | (5) The petition may include a request for change of | ||||||
4 | the child's name and any other request for specific relief | ||||||
5 | that is in the best interests of the child. The relief may | ||||||
6 | include a request for a revised birth date for the child if | ||||||
7 | supported by evidence from a medical or dental | ||||||
8 | professional attesting to the appropriate age of the child | ||||||
9 | or other collateral evidence. | ||||||
10 | (6) Two adoptive parents who adopted a minor child | ||||||
11 | together in a foreign country while married to one another | ||||||
12 | may file a petition for adoption to re-adopt the child | ||||||
13 | jointly, regardless of whether their marriage has been | ||||||
14 | dissolved. If either parent whose marriage was dissolved | ||||||
15 | has subsequently remarried or entered into a civil union | ||||||
16 | with another person, the new spouse or civil union partner | ||||||
17 | shall not join in the petition to re-adopt the child, | ||||||
18 | unless the new spouse or civil union partner is seeking to | ||||||
19 | adopt the child. If either adoptive parent does not join | ||||||
20 | in the petition, he or she must be joined as a party | ||||||
21 | defendant. The defendant parent's failure to participate | ||||||
22 | in the re-adoption proceeding shall not affect the | ||||||
23 | existing parental rights or obligations of the parent as | ||||||
24 | they relate to the minor child, and the parent's name | ||||||
25 | shall be placed on any subsequent birth record issued for | ||||||
26 | the child as a result of the re-adoption proceeding. |
| |||||||
| |||||||
1 | (7) An adoptive parent who adopted a minor child in a | ||||||
2 | foreign country as an unmarried person may file a petition | ||||||
3 | for adoption to re-adopt the child as a sole petitioner, | ||||||
4 | even if the adoptive parent has subsequently married or | ||||||
5 | entered into a civil union. | ||||||
6 | (8) If one of the adoptive parents who adopted a minor | ||||||
7 | child dies prior to a re-adoption proceeding, the deceased | ||||||
8 | parent's name shall be placed on any subsequent birth | ||||||
9 | record issued for the child as a result of the re-adoption | ||||||
10 | proceeding. | ||||||
11 | (Source: P.A. 99-49, eff. 7-15-15; 100-344, eff. 8-25-17; | ||||||
12 | 100-863, eff. 8-14-18.)
| ||||||
13 | (750 ILCS 50/10) (from Ch. 40, par. 1512)
| ||||||
14 | Sec. 10. Forms of consent and surrender; execution and
| ||||||
15 | acknowledgment thereof. | ||||||
16 | A. The form of consent required for the
adoption of a born | ||||||
17 | child shall be substantially as follows:
| ||||||
18 | FINAL AND IRREVOCABLE CONSENT TO ADOPTION
| ||||||
19 | I, ...., (relationship, e.g., mother, father, relative, | ||||||
20 | guardian)
of ...., a male or female (circle one) child, state:
| ||||||
21 | That such child was born on .... at ....
| ||||||
22 | That I reside at ...., County of .... and State of ....
| ||||||
23 | That I am of the age of .... years.
|
| |||||||
| |||||||
1 | That I hereby enter my appearance in this proceeding and | ||||||
2 | waive
service of summons on me.
| ||||||
3 | That I hereby acknowledge that I have been provided with a | ||||||
4 | copy of the Birth Parent Rights and Responsibilities-Private | ||||||
5 | Form before signing this Consent and that I have had time to | ||||||
6 | read, or have had read to me, this Form. I understand that if I | ||||||
7 | do not receive any of the rights as described in this Form, it | ||||||
8 | shall not constitute a basis to revoke this Final and | ||||||
9 | Irrevocable Consent. | ||||||
10 | That I do hereby consent and agree to the adoption of such | ||||||
11 | child.
| ||||||
12 | That I wish to and understand that by signing this consent | ||||||
13 | I do
irrevocably and permanently give up all custody and other | ||||||
14 | parental
rights I have to such child.
| ||||||
15 | That I understand such child will be placed for adoption | ||||||
16 | and that I
cannot under any circumstances, after signing this | ||||||
17 | document, change my
mind and revoke or cancel this consent or | ||||||
18 | obtain or recover custody or
any other rights over such child. | ||||||
19 | That I have read and understand the
above and I am signing it | ||||||
20 | as my free and voluntary act.
| ||||||
21 | Dated (insert date).
| ||||||
22 | .........................
| ||||||
23 | If under Section 8 the consent of more than one person is | ||||||
24 | required,
then each such person shall execute a separate | ||||||
25 | consent.
|
| |||||||
| |||||||
1 | A-1. (1) The form of the Final and Irrevocable Consent to | ||||||
2 | Adoption by a Specified Person or Persons: Non-DCFS Case set | ||||||
3 | forth in this subsection A-1 is to be used by legal parents | ||||||
4 | only. This form is not to be used in cases in which there is a | ||||||
5 | pending petition under Section 2-13 of the Juvenile Court Act | ||||||
6 | of 1987. | ||||||
7 | (2) The form of the Final and Irrevocable Consent to | ||||||
8 | Adoption by a Specified Person or Persons in a non-DCFS case | ||||||
9 | shall have the caption of the proceeding in which it is to be | ||||||
10 | filed and shall be substantially as follows:
| ||||||
11 | FINAL AND IRREVOCABLE CONSENT TO ADOPTION BY | ||||||
12 | A SPECIFIED PERSON OR PERSONS; NON-DCFS CASE | ||||||
13 | I, ...., (relationship, e.g., mother, father) of ...., a | ||||||
14 | male or female (circle one) child, state: | ||||||
15 | 1. That such child was born on ...., at ....., in the | ||||||
16 | City/Town of ... and State of .... | ||||||
17 | 2. That I reside at ...., County of .... and State of ...., | ||||||
18 | my email address (if I have one) is .... my cell phone number | ||||||
19 | where I can receive text messages (if I have one) is .... and | ||||||
20 | my land line phone number (if I have one) is ...., and any | ||||||
21 | other contact information is .... | ||||||
22 | 3. That I am of the age of .... years. | ||||||
23 | 4. That I hereby enter my appearance in this proceeding | ||||||
24 | and waive service of summons on me. |
| |||||||
| |||||||
1 | 5. That I hereby acknowledge that I have been provided a | ||||||
2 | copy of the Birth Parent Rights and Responsibilities-Private | ||||||
3 | Form before signing this Consent and that I have had time to | ||||||
4 | read, or have had read to me, this Form and that I understand | ||||||
5 | the Rights and Responsibilities described in this Form. I | ||||||
6 | understand that if I do not receive any of my rights as | ||||||
7 | described in said Form, it shall not constitute a basis to | ||||||
8 | revoke this Final and Irrevocable Consent to Adoption by a | ||||||
9 | Specified Person. | ||||||
10 | 6. That I do hereby consent and agree to the adoption of | ||||||
11 | such child by .... (specified person or persons) only. If only | ||||||
12 | first names are used for the specified person or persons, I | ||||||
13 | voluntarily sign this specified consent form without | ||||||
14 | disclosure to me of the last name of the specified person or | ||||||
15 | persons. However, I understand that if I wish to know the last | ||||||
16 | name of the specified person or persons, I may request it | ||||||
17 | before signing the form. If I do not receive the last name, I | ||||||
18 | may choose not to sign the specified consent form. | ||||||
19 | 7. That I wish to and understand that upon signing this | ||||||
20 | consent I do irrevocably and permanently give up all custody | ||||||
21 | and other parental rights I have to such child if such child is | ||||||
22 | adopted by .... (specified person or persons). I hereby | ||||||
23 | transfer all of my rights to the custody, care and control of | ||||||
24 | such child to ............................. (specified person | ||||||
25 | or persons). | ||||||
26 | 8. That I understand such child will be adopted by |
| |||||||
| |||||||
1 | ....................... (specified person or persons) and that | ||||||
2 | I cannot under any circumstances, after signing this document, | ||||||
3 | change my mind and revoke or cancel this consent or obtain or | ||||||
4 | recover custody or any other rights over such child if | ||||||
5 | ............................ (specified person or persons) | ||||||
6 | adopt(s) such child; PROVIDED that each specified person has | ||||||
7 | filed or shall file, within 60 days from the date hereof, a | ||||||
8 | petition for the adoption of such child. | ||||||
9 | 9. That if the specified person or persons designated | ||||||
10 | herein do not file a petition for adoption within the | ||||||
11 | time-frame specified above, or, if said petition for adoption | ||||||
12 | is filed within the time-frame specified above but the | ||||||
13 | adoption petition is dismissed with prejudice or the adoption | ||||||
14 | proceeding is otherwise concluded without an order declaring | ||||||
15 | the child to be the adopted child of the specified person or | ||||||
16 | persons, then I understand that I will be sent written notice | ||||||
17 | of such circumstances at the mailing address, at the email | ||||||
18 | address, through a text message to my cell phone number, and to | ||||||
19 | any other contact information I have provided in paragraph 2 | ||||||
20 | within 5 business days of this occurrence. I understand that | ||||||
21 | the notice will be directed to me using the contact | ||||||
22 | information I have provided in this consent. I understand that | ||||||
23 | I will have 15 business days from the date that the written | ||||||
24 | notice is sent to me to respond in the manner described in the | ||||||
25 | notice, within which time I may request the Court to declare | ||||||
26 | this consent voidable and return the child to me. I further |
| |||||||
| |||||||
1 | understand that the Court will make the final decision of | ||||||
2 | whether or not the child will be returned to me. If I do not | ||||||
3 | make such request within 15 business days of the date the | ||||||
4 | notice was sent, then I expressly waive any other notice or | ||||||
5 | service of process in any legal proceeding regarding the | ||||||
6 | child, including a legal proceeding for someone other than | ||||||
7 | ..... (specified person or persons) to adopt the child, and | ||||||
8 | that I will have no parental rights as to the child. The person | ||||||
9 | sending the notice shall file an affidavit of notice as proof | ||||||
10 | of the date sent. | ||||||
11 | 10. That I expressly acknowledge that nothing in this | ||||||
12 | Consent
impairs the validity and absolute finality of this
| ||||||
13 | Consent under any circumstance other than those described in
| ||||||
14 | paragraph 9 of this Consent. | ||||||
15 | 11. That I understand that I have a remaining duty and
| ||||||
16 | obligation to keep .............. (insert name and address of | ||||||
17 | the attorney
for the specified person or persons) informed of | ||||||
18 | my current
address or other preferred contact information | ||||||
19 | until this adoption has been finalized. My failure to
do so may | ||||||
20 | result in the termination of my parental rights and
the child | ||||||
21 | being placed for adoption in another home. | ||||||
22 | 12. That I do expressly waive any other notice or service | ||||||
23 | of process in any of the legal proceedings for the adoption of | ||||||
24 | the child as long as the adoption proceeding by the specified | ||||||
25 | person or persons is pending. | ||||||
26 | 13. That I have read and understand the above and I am |
| |||||||
| |||||||
1 | signing it as my free and voluntary act. | ||||||
2 | 14. That I acknowledge that this consent is valid even if | ||||||
3 | the specified person or persons separate or divorce or one of | ||||||
4 | the specified persons dies prior to the entry of the final | ||||||
5 | judgment for adoption. | ||||||
6 | Dated (insert date). | ||||||
7 | ............................................. | ||||||
8 | Signature of parent. | ||||||
9 | ............................................. | ||||||
10 | Address of parent. | ||||||
11 | ............................................. | ||||||
12 | Phone number(s) of parent. | ||||||
13 | ............................................. | ||||||
14 | Personal email(s) of parent. | ||||||
15 | .............................................
| ||||||
16 | (3) The form of the certificate of acknowledgement for a | ||||||
17 | Final and Irrevocable Consent for Adoption by a Specified | ||||||
18 | Person or Persons: Non-DCFS Case shall be substantially as | ||||||
19 | follows:
| ||||||
20 | STATE OF ..............)
| ||||||
21 | ) SS.
| ||||||
22 | COUNTY OF .............) | ||||||
23 | I, .................... (Name of Judge or other person), | ||||||
24 | ..................... (official title, name, and address), |
| |||||||
| |||||||
1 | certify that ............., personally known to me to be the | ||||||
2 | same person whose name is subscribed to the foregoing Final | ||||||
3 | and Irrevocable Consent for Adoption by a Specified Person or | ||||||
4 | Persons; non-DCFS case, appeared before me this day in person | ||||||
5 | and acknowledged that (she)(he) signed and delivered the | ||||||
6 | consent as (her)(his) free and voluntary act, for the | ||||||
7 | specified purpose. I am further satisfied that, before signing | ||||||
8 | this Consent, ........ has read, or has had read to him or her, | ||||||
9 | the Birth Parent Rights and Responsibilities-Private Form.
| ||||||
10 | A-2. Birth Parent Rights and Responsibilities-Private | ||||||
11 | Form. The Birth Parent Rights and Responsibilities-Private | ||||||
12 | Form must be read by, or have been read to, any person | ||||||
13 | executing a Final and Irrevocable Consent to Adoption under | ||||||
14 | subsection A, a Final and Irrevocable Consent to Adoption by a | ||||||
15 | Specified Person or Persons: Non-DCFS Case under subsection | ||||||
16 | A-1, or a Consent to Adoption of Unborn Child under subsection | ||||||
17 | B prior to the execution of said Consent. The form of the Birth | ||||||
18 | Parent Rights and Responsibilities-Private Form shall be | ||||||
19 | substantially as follows:
| ||||||
20 | Birth Parent Rights and Responsibilities-Private Form | ||||||
21 | THIS FORM DOES NOT CONSTITUTE LEGAL ADVICE. LEGAL ADVICE IS | ||||||
22 | DEPENDENT ON THE SPECIFIC CIRCUMSTANCES OF EACH SITUATION AND | ||||||
23 | JURISDICTION. THE INFORMATION IN THIS FORM CANNOT REPLACE THE |
| |||||||
| |||||||
1 | ADVICE OF AN ATTORNEY LICENSED IN YOUR STATE. | ||||||
2 | As a birth parent in the State of Illinois, you have the | ||||||
3 | right: | ||||||
4 | 1. To have your own attorney represent you. The | ||||||
5 | prospective adoptive parents may agree to pay for the cost of | ||||||
6 | your attorney in a manner consistent with Illinois law, but | ||||||
7 | they are not required to do so. | ||||||
8 | 2. To be treated with dignity and respect at all times and | ||||||
9 | to make decisions free from coercion and pressure. | ||||||
10 | 3. To request to receive counseling before and after | ||||||
11 | signing a Final and Irrevocable Consent to Adoption | ||||||
12 | ("Consent"), a Final and Irrevocable Consent to Adoption by a | ||||||
13 | Specified Person or Persons: Non-DCFS Case ("Specified | ||||||
14 | Consent"), or a Consent to Adoption of Unborn Child ("Unborn | ||||||
15 | Consent"). The prospective adoptive parents may agree to pay | ||||||
16 | for the cost of counseling in a manner consistent with | ||||||
17 | Illinois law, but they are not required to do so. | ||||||
18 | 4. To ask to be involved in choosing your child's | ||||||
19 | prospective adoptive parents and to ask to meet them. | ||||||
20 | 5. To ask your child's prospective adoptive parents any | ||||||
21 | questions that pertain to your decision to place your child | ||||||
22 | with them. | ||||||
23 | 6. To see your child before signing a Consent or Specified | ||||||
24 | Consent if you are the custodial parent, and to request to see | ||||||
25 | your child if you are not the custodial parent. | ||||||
26 | 7. To request contact with your child and/or the child's |
| |||||||
| |||||||
1 | prospective adoptive parents, with the understanding that any | ||||||
2 | promises regarding contact with your child or receipt of | ||||||
3 | information about the child after signing a Consent, Specified | ||||||
4 | Consent, or Unborn Consent cannot be enforced under Illinois | ||||||
5 | law. | ||||||
6 | 8. To receive copies of all documents that you sign and | ||||||
7 | have those documents provided to you in your preferred | ||||||
8 | language. | ||||||
9 | 9. To request that your identifying information remain | ||||||
10 | confidential, unless required otherwise by Illinois law or | ||||||
11 | court order, and to voluntarily share your medical, | ||||||
12 | background, and identifying information, including information | ||||||
13 | on the original birth certificate of your child. This can be | ||||||
14 | done through the Illinois Adoption Registry and Medical | ||||||
15 | Information Exchange or through completing the Birth Parent | ||||||
16 | Preference Form. Please visit http://dph.illinois.gov or | ||||||
17 | www.newillinoisadoptionlaw.com. | ||||||
18 | 10. To access the Confidential Intermediary Program which | ||||||
19 | provides a way for a court appointed person to connect and/or | ||||||
20 | exchange information between adoptees, adoptive parents and | ||||||
21 | birth parents, and other biological family members, provided | ||||||
22 | in most cases that mutual consent is given. Please visit | ||||||
23 | www.ci-illinois.org or call (800) 526-9022(x29). | ||||||
24 | 11. To work with an adoption agency or attorney of your | ||||||
25 | choice, or change said agency or attorney, provided you | ||||||
26 | promptly inform all of the parties currently involved. |
| |||||||
| |||||||
1 | 12. To receive, upon request, a written list of any | ||||||
2 | promised support, financial or otherwise, from your attorney | ||||||
3 | or the attorney for your child's prospective adoptive parents. | ||||||
4 | 13. To delay signing a Consent, Specified Consent, or | ||||||
5 | Unborn Consent if you are not ready to do so. | ||||||
6 | 14. To decline to sign a Consent, Specified Consent, or | ||||||
7 | Unborn Consent even if you have received financial support | ||||||
8 | from the prospective adoptive parents. | ||||||
9 | If you do not receive any of the rights described in this | ||||||
10 | Form, it shall not be a basis to revoke a Consent, Specified | ||||||
11 | Consent, or Unborn Consent. | ||||||
12 | As a Birth Parent in the State of Illinois, you have the | ||||||
13 | responsibility: | ||||||
14 | 1. To carefully consider your reasons for choosing | ||||||
15 | adoption. | ||||||
16 | 2. (Birth mothers only) To accurately complete an | ||||||
17 | Affidavit of Identification, which identifies the father of | ||||||
18 | the child when known, with the understanding that a birth | ||||||
19 | mother has a right to decline to identify the birth father. | ||||||
20 | 3. To provide the necessary documentation regarding | ||||||
21 | financial need to make an appropriate determination of | ||||||
22 | reasonable pregnancy-related expenses. | ||||||
23 | 4. To not accept financial support or reimbursement of | ||||||
24 | pregnancy related expenses simultaneously from more than one | ||||||
25 | source or if you are not pregnant, as doing so is a crime. | ||||||
26 | 5. To voluntarily provide all known medical, background, |
| |||||||
| |||||||
1 | and family information about yourself and your immediate | ||||||
2 | family to your child's prospective adoptive parents or their | ||||||
3 | attorney. For the health of your child, you are strongly | ||||||
4 | encouraged, but not required, to do so as set forth on the | ||||||
5 | following form: | ||||||
6 | Birth Parent Medical Information | ||||||
7 | The purpose of this form is to gather your health history, | ||||||
8 | genetic history, and social background information to share | ||||||
9 | with the adoptive parents. It is important the adoptive family | ||||||
10 | provide this information to the child's physician. It will | ||||||
11 | become a part of the child's medical and family history. This | ||||||
12 | form, in its entirety, will be given to the adoptive | ||||||
13 | parent(s). | ||||||
14 | The following information is true and complete to the best | ||||||
15 | of my knowledge and belief. | ||||||
16 | Birth parent name: | ||||||
17 | ...................................... | ||||||
18 | Signature: | ||||||
19 | .............................................. | ||||||
20 | Date: .................................................... | ||||||
21 | YES or NO (circle one) I agree to release my full name on | ||||||
22 | this form to the adoptive family. If NO is circled then the | ||||||
23 | birth parent's name shall be redacted on this form. | ||||||
24 | MOTHER'S PHYSICAL CHARACTERISTICS: | ||||||
25 | Eyes: ... Hair: .... Complexion: .... Height: .... | ||||||
26 | Weight: .... Body build: .....
Race: ..... |
| |||||||
| |||||||
1 | Nationality/Descent: ....... Blood type: .... Rh factor: .... | ||||||
2 | Eye glasses or contact lenses? Yes /.../ No /.../ | ||||||
3 | Right /.../ Left /.../ handed | ||||||
4 | Age: .... or Date of birth: ..... Religion: ................. | ||||||
5 | Please list your highest education level, occupation, | ||||||
6 | hobbies, interests, and talents: | ||||||
7 | ............................ | ||||||
8 | Existence of any disabilities? Yes /.../ No /.../ | ||||||
9 | If yes, explain: ............................................. | ||||||
10 | If you have other children, list them below. Include any | ||||||
11 | children previously placed for adoption. | ||||||
12 | .................... | ||||||
13 | Describe your relationship with the birth father: ....... | ||||||
14 | FATHER'S PHYSICAL CHARACTERISTICS: | ||||||
15 | Eyes: ... Hair: .... Complexion: .... Height: .... | ||||||
16 | Weight: .... Body build: .....
Race: ..... | ||||||
17 | Nationality/Descent: ....... Blood type: .... Rh factor: .... | ||||||
18 | Eye glasses or contact lenses? Yes /.../ No /.../ | ||||||
19 | Right /.../ Left /.../ handed | ||||||
20 | Age: .... or Date of birth: ..... Religion: ................. | ||||||
21 | Please list your highest education level, occupation, | ||||||
22 | hobbies, interests, and talents: | ||||||
23 | ............................ | ||||||
24 | Existence of any disabilities? Yes /.../ No /.../ | ||||||
25 | If yes, explain: ............................................. | ||||||
26 | If you have other children, list them below. Include any |
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
1 | children previously placed for adoption. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | .................... | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | PREGNANCY HISTORY INVOLVING THIS CHILD | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | Month prenatal care began during this pregnancy: ......... | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | Complications during pregnancy: Yes ... No ... If yes, | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | explain: .................................................... | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | ............................................................. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | MEDICATION AND OTHER SUBSTANCES USED DURING | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | PREGNANCY OR YEAR PRIOR TO PREGNANCY | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
| |||||||||||||||||||||||
| |||||||||||||||||||||||
| |||||||||||||||||||||||
4 | In addition to this form, a birth parent shall also be | ||||||||||||||||||||||
5 | provided the forms for the Illinois Adoption Registry and | ||||||||||||||||||||||
6 | Medical Information Exchange. | ||||||||||||||||||||||
7 | B. The form of consent required for the adoption of an | ||||||||||||||||||||||
8 | unborn child
shall be substantially as follows:
| ||||||||||||||||||||||
9 | CONSENT TO ADOPTION OF UNBORN CHILD
| ||||||||||||||||||||||
10 | I, ...., state:
| ||||||||||||||||||||||
11 | That I am the father of a child expected to be born on or | ||||||||||||||||||||||
12 | about ....
to .... (name of mother).
| ||||||||||||||||||||||
13 | That I reside at .... County of ...., and State of .....
| ||||||||||||||||||||||
14 | That I am of the age of .... years.
| ||||||||||||||||||||||
15 | That I hereby enter my appearance in such adoption | ||||||||||||||||||||||
16 | proceeding and
waive service of summons on me.
| ||||||||||||||||||||||
17 | That I hereby acknowledge that I have been provided with a | ||||||||||||||||||||||
18 | copy of the Birth Parent Rights and Responsibilities-Private | ||||||||||||||||||||||
19 | Form before signing this Consent, and that I have had time to | ||||||||||||||||||||||
20 | read, or have had read to me, this Form. I understand that if I | ||||||||||||||||||||||
21 | do not receive any of the rights as described in this Form, it | ||||||||||||||||||||||
22 | shall not constitute a basis to revoke this Consent to | ||||||||||||||||||||||
23 | Adoption of Unborn Child. |
| |||||||
| |||||||
1 | That I do hereby consent and agree to the adoption of such | ||||||
2 | child, and
that I have not previously executed a consent or | ||||||
3 | surrender with respect
to such child.
| ||||||
4 | That I wish to and do understand that by signing this | ||||||
5 | consent I do
irrevocably and permanently give up all custody | ||||||
6 | and other parental
rights I have to such child, except that I | ||||||
7 | have the right to revoke this
consent by giving written notice | ||||||
8 | of my revocation not later than 72
hours after the birth of the | ||||||
9 | child.
| ||||||
10 | That I understand such child will be placed for adoption | ||||||
11 | and that,
except as hereinabove provided, I cannot under any | ||||||
12 | circumstances, after
signing this document, change my mind and | ||||||
13 | revoke or cancel this consent
or obtain or recover custody or | ||||||
14 | any other rights over such child.
| ||||||
15 | That I have read and understand the above and I am signing | ||||||
16 | it as my
free and voluntary act.
| ||||||
17 | Dated (insert date).
| ||||||
18 | ........................
| ||||||
19 | B-5. (1) The parent of a child may execute a consent to | ||||||
20 | standby
adoption by a specified person or persons. A consent | ||||||
21 | under this subsection B-5
shall be acknowledged by a parent | ||||||
22 | pursuant to subsection H and subsection K of
this Section.
The | ||||||
23 | form of consent required for the standby adoption of a born | ||||||
24 | child
effective at a future date when the consenting
parent of | ||||||
25 | the child dies or
requests that a final judgment of adoption be |
| |||||||
| |||||||
1 | entered shall be substantially as
follows:
| ||||||
2 | FINAL AND IRREVOCABLE CONSENT
| ||||||
3 | TO STANDBY ADOPTION
| ||||||
4 | I, ..., (relationship, e.g. mother or father)
of ...., a | ||||||
5 | male or female (circle one) child, state:
| ||||||
6 | That the child was born on .... at .....
| ||||||
7 | That I reside at ...., County of ...., and State of .....
| ||||||
8 | That I am of the age of .... years.
| ||||||
9 | That I hereby enter my appearance in this proceeding and | ||||||
10 | waive service of
summons on me in this action only.
| ||||||
11 | That I do hereby consent and
agree to the standby adoption | ||||||
12 | of the child, and that I have not previously
executed a consent | ||||||
13 | or surrender with respect to the child.
| ||||||
14 | That I wish to and understand that by signing this consent | ||||||
15 | I do irrevocably
and permanently give up all custody and other | ||||||
16 | parental rights I have to the
child, effective upon
(my death) | ||||||
17 | (the child's other parent's death) or upon (my) (the other
| ||||||
18 | parent's) request for the entry of a final judgment for | ||||||
19 | adoption if .....
(specified person or persons) adopt my | ||||||
20 | child.
| ||||||
21 | That I understand that until (I die) (the child's other | ||||||
22 | parent dies), I
retain all legal rights and obligations | ||||||
23 | concerning the child, but at that time,
I irrevocably give all | ||||||
24 | custody and other parental rights to .... (specified
person or |
| |||||||
| |||||||
1 | persons).
| ||||||
2 | I understand my child will be adopted by ....... | ||||||
3 | (specified person or
persons) only and that I cannot, under | ||||||
4 | any circumstances, after signing this
document, change my mind | ||||||
5 | and revoke or cancel this consent or obtain or recover
custody | ||||||
6 | or any other rights over my child if ..... (specified person or
| ||||||
7 | persons) adopt my child.
| ||||||
8 | I understand that this consent to standby adoption is | ||||||
9 | valid only if the
petition for standby adoption is filed and | ||||||
10 | that if ....... (specified person or
persons), for any reason, | ||||||
11 | cannot or will not file a petition for standby
adoption or if | ||||||
12 | his, her, or their petition for standby adoption is denied, | ||||||
13 | then
this consent is void. I have the right to notice of any | ||||||
14 | other proceeding that
could affect my parental rights.
| ||||||
15 | That I have read and understand the above and I am signing | ||||||
16 | it as my free and
voluntary act.
| ||||||
17 | Dated (insert date).
| ||||||
18 | ....................
| ||||||
19 | If under Section 8 the consent of more than one person is | ||||||
20 | required, then each
such
person shall execute a separate | ||||||
21 | consent. A separate consent shall be executed
for each
child.
| ||||||
22 | (2) If the parent consents to a standby adoption by 2 | ||||||
23 | specified persons,
then the form shall contain 2 additional | ||||||
24 | paragraphs in substantially the
following form:
| ||||||
25 | If .... (specified persons) obtain a judgment of
|
| |||||||
| |||||||
1 | dissolution of
marriage before the judgment for adoption is | ||||||
2 | entered, then .....
(specified person) shall adopt my child. I | ||||||
3 | understand that I cannot change my
mind and revoke this | ||||||
4 | consent or obtain or recover custody of my child if .....
| ||||||
5 | (specified persons) obtain a judgment of dissolution of | ||||||
6 | marriage and .....
(specified person) adopts my child. I | ||||||
7 | understand that I cannot change my
mind and revoke this | ||||||
8 | consent if ...... (specified persons) obtain a
judgment of | ||||||
9 | dissolution of marriage before the adoption is final. I
| ||||||
10 | understand that this consent to adoption has no effect on who | ||||||
11 | will get custody
of my child if ..... (specified persons) | ||||||
12 | obtain a judgment of dissolution
of marriage after the | ||||||
13 | adoption is final. I understand that if either .....
| ||||||
14 | (specified persons) dies before the petition to adopt my child | ||||||
15 | is granted, then
the surviving person may adopt my child. I | ||||||
16 | understand that I cannot change my
mind and revoke this | ||||||
17 | consent or obtain or recover custody of my child if the
| ||||||
18 | surviving person adopts my child.
| ||||||
19 | A consent to standby adoption by specified persons on this | ||||||
20 | form shall have no
effect on a court's determination of | ||||||
21 | custody or visitation under the Illinois
Marriage and | ||||||
22 | Dissolution
of Marriage Act if the marriage of the specified | ||||||
23 | persons is dissolved before
the adoption is final.
| ||||||
24 | (3) The form of the certificate of acknowledgement for a | ||||||
25 | Final and
Irrevocable Consent for Standby Adoption shall be | ||||||
26 | substantially as follows:
|
| |||||||
| |||||||
1 | STATE OF .....)
| ||||||
2 | ) SS.
| ||||||
3 | COUNTY OF ....)
| ||||||
4 | I, ....... (name of Judge or other person) ..... (official | ||||||
5 | title,
name, and address), certify that ......., personally | ||||||
6 | known to me to be
the same person whose name is subscribed to | ||||||
7 | the foregoing Final and Irrevocable
Consent to Standby | ||||||
8 | Adoption, appeared before me this day in person and
| ||||||
9 | acknowledged that (she) (he) signed and
delivered the consent | ||||||
10 | as (her) (his) free and voluntary act, for the specified
| ||||||
11 | purpose.
| ||||||
12 | I have fully explained that this consent to adoption is | ||||||
13 | valid only if the
petition to adopt is filed, and that if the | ||||||
14 | specified person or persons, for
any reason, cannot or will | ||||||
15 | not adopt the child or if the adoption petition is
denied, then | ||||||
16 | this consent will be void. I have fully explained that if the
| ||||||
17 | specified person or persons adopt the child, by signing this | ||||||
18 | consent (she) (he)
is irrevocably and permanently | ||||||
19 | relinquishing all parental rights to the child,
and (she) (he) | ||||||
20 | has stated that such is (her) (his) intention and desire.
| ||||||
21 | Dated (insert date).
| ||||||
22 | Signature ..............................
| ||||||
23 | (4) If a consent to standby adoption is executed in this |
| |||||||
| |||||||
1 | form,
the consent shall be valid only if the specified
person | ||||||
2 | or persons adopt the child. The consent shall be void if:
| ||||||
3 | (a) the specified person or persons do not file a | ||||||
4 | petition for standby
adoption of the child; or
| ||||||
5 | (b) a court denies the standby adoption petition.
| ||||||
6 | The parent shall not need to take further action to revoke | ||||||
7 | the consent if the
standby adoption by the specified person or | ||||||
8 | persons does not occur,
notwithstanding the provisions of | ||||||
9 | Section 11 of this Act.
| ||||||
10 | C. The form of surrender to any agency given by a parent of | ||||||
11 | a born
child who is to be subsequently placed for adoption | ||||||
12 | shall be
substantially as follows and shall contain such other | ||||||
13 | facts and
statements as the particular agency shall require.
| ||||||
14 | FINAL AND IRREVOCABLE SURRENDER
| ||||||
15 | FOR PURPOSES OF ADOPTION
| ||||||
16 | I, .... (relationship, e.g., mother, father, relative, | ||||||
17 | guardian) of
...., a male or female (circle one) child, state:
| ||||||
18 | That such child was born on ...., at .....
| ||||||
19 | That I reside at ...., County of ...., and State of .....
| ||||||
20 | That I am of the age of .... years.
| ||||||
21 | That I do hereby surrender and entrust the entire custody | ||||||
22 | and control
of such child to the .... (the "Agency"), a | ||||||
23 | (public) (licensed) child
welfare agency with its principal | ||||||
24 | office in the City of ...., County of
.... and State of ...., |
| |||||||
| |||||||
1 | for the purpose of enabling it to care for and
supervise the | ||||||
2 | care of such child, to place such child for adoption and
to | ||||||
3 | consent to the legal adoption of such child.
| ||||||
4 | That I hereby grant to the Agency full power and authority | ||||||
5 | to place
such child with any person or persons it may in its | ||||||
6 | sole discretion
select to become the adopting parent or | ||||||
7 | parents and to consent to the
legal adoption of such child by | ||||||
8 | such person or persons; and to take any
and all measures which, | ||||||
9 | in the judgment of the Agency, may be for the
best interests of | ||||||
10 | such child, including authorizing medical, surgical
and dental | ||||||
11 | care and treatment including inoculation and anaesthesia for
| ||||||
12 | such child.
| ||||||
13 | That I wish to and understand that by signing this | ||||||
14 | surrender I do
irrevocably and permanently give up all custody | ||||||
15 | and other parental
rights I have to such child.
| ||||||
16 | That I understand I cannot under any circumstances, after | ||||||
17 | signing
this surrender, change my mind and revoke or cancel | ||||||
18 | this surrender or
obtain or recover custody or any other | ||||||
19 | rights over such child.
| ||||||
20 | That I have read and understand the above and I am signing | ||||||
21 | it as my
free and voluntary act.
| ||||||
22 | Dated (insert date).
| ||||||
23 | ........................
| ||||||
24 | C-5. The form of a Final and Irrevocable Designated | ||||||
25 | Surrender for Purposes of Adoption to any agency given by a |
| |||||||
| |||||||
1 | parent of a born child who is to be subsequently placed for | ||||||
2 | adoption is to be used by legal parents only. The form shall be | ||||||
3 | substantially as follows and shall contain such other facts | ||||||
4 | and statements as the particular agency shall require:
| ||||||
5 | FINAL AND IRREVOCABLE DESIGNATED SURRENDER | ||||||
6 | FOR PURPOSES OF ADOPTION | ||||||
7 | I, .... (relationship, e.g., mother, father, relative, | ||||||
8 | guardian) of ...., a male or female (circle one) child, state: | ||||||
9 | 1. That such child was born on ...., at ..... | ||||||
10 | 2. That I reside at ...., County of ...., and State of | ||||||
11 | ....., my email address (if I have one) is .... my cell phone | ||||||
12 | number where I can receive text messages (if I have one) is | ||||||
13 | .... and my land line phone number (if I have one) is ...., and | ||||||
14 | any other contact information is .... | ||||||
15 | 3. That I am of the age of .... years. | ||||||
16 | 4. That I do hereby surrender and entrust the entire | ||||||
17 | custody and control of such child to the .... (the "Agency"), a | ||||||
18 | (public) (licensed) child welfare agency with its principal | ||||||
19 | office in the City of ...., County of .... and State of ...., | ||||||
20 | for the purpose of enabling it to care for and supervise the | ||||||
21 | care of such child, to place such child for adoption with | ||||||
22 | ............................. (specified person or persons) | ||||||
23 | and to consent to the legal adoption of such child and to take | ||||||
24 | any and all measures which, in the judgment of the Agency, may |
| |||||||
| |||||||
1 | be for the best interests of such child, including authorizing | ||||||
2 | medical, surgical and dental care and treatment including | ||||||
3 | inoculation and anesthesia for such child. If only first names | ||||||
4 | are used for the specified person or persons, I voluntarily | ||||||
5 | sign this designated surrender without disclosure to me of the | ||||||
6 | last name of the specified person or persons. However, I | ||||||
7 | understand that if I wish to know the last name of the | ||||||
8 | specified person or persons, I may request it before signing | ||||||
9 | the form. If I do not receive the last name, I may choose not | ||||||
10 | to sign the designated surrender form. | ||||||
11 | 5. That I wish to and understand that by signing this | ||||||
12 | surrender I do irrevocably and permanently give up all custody | ||||||
13 | and other parental rights I have to such child. | ||||||
14 | 6. That if the petition for adoption is not filed by the
| ||||||
15 | specified person or persons designated herein or, if the
| ||||||
16 | petition for adoption is filed but the adoption petition is
| ||||||
17 | dismissed with prejudice or the adoption proceeding is
| ||||||
18 | otherwise concluded without an order declaring the child to be
| ||||||
19 | the adopted child of each specified person, then I understand | ||||||
20 | that the Agency will send notice to me at the mailing address, | ||||||
21 | at the email address, through a text message to my cell phone | ||||||
22 | number provided in paragraph 2, and to any other contact | ||||||
23 | information I have provided in paragraph 2 within 5 business | ||||||
24 | days of this occurrence. The person sending the notice shall | ||||||
25 | prepare an affidavit of notice. I understand that I will have | ||||||
26 | 15 business days from the date that the written notice was sent |
| |||||||
| |||||||
1 | to respond, within which time I may choose to designate other | ||||||
2 | adoptive parent(s). However, I acknowledge that
the Agency has | ||||||
3 | full power and authority to place the child for adoption with
| ||||||
4 | any person or persons it may in its sole discretion select to
| ||||||
5 | become the adopting parent or parents and to consent to the
| ||||||
6 | legal adoption of the child by such person or persons. | ||||||
7 | 7. That I acknowledge that this surrender is valid even if | ||||||
8 | the specified persons separate or divorce or one of the | ||||||
9 | specified persons dies prior to the entry of the final | ||||||
10 | judgment for adoption. | ||||||
11 | 8. That I expressly acknowledge that the above paragraphs | ||||||
12 | 6 and 7 do not impair the validity and absolute finality of | ||||||
13 | this surrender under any circumstance. | ||||||
14 | 9. That I understand that I have a remaining obligation to | ||||||
15 | keep the Agency informed of my current contact information | ||||||
16 | until the adoption of the child has been finalized if I wish to | ||||||
17 | be notified in the event the adoption by the specified | ||||||
18 | person(s) cannot proceed. | ||||||
19 | 10. That I understand I cannot under any circumstances, | ||||||
20 | after signing this surrender, change my mind and revoke or | ||||||
21 | cancel this surrender or obtain or recover custody or any | ||||||
22 | other rights over such child. | ||||||
23 | 11. That I have read and understand the above and I am | ||||||
24 | signing it as my free and voluntary act. | ||||||
25 | Dated (insert date). | ||||||
26 | ..............................
|
| |||||||
| |||||||
1 | D. The form of surrender to an agency given by a parent of | ||||||
2 | an unborn
child who is to be subsequently placed for adoption | ||||||
3 | shall be
substantially as follows and shall contain such other | ||||||
4 | facts and
statements as the particular agency shall require.
| ||||||
5 | SURRENDER OF UNBORN CHILD FOR
| ||||||
6 | PURPOSES OF ADOPTION
| ||||||
7 | I, .... (father), state:
| ||||||
8 | That I am the father of a child expected to be born on or | ||||||
9 | about ....
to .... (name of mother).
| ||||||
10 | That I reside at ...., County of ...., and State of .....
| ||||||
11 | That I am of the age of .... years.
| ||||||
12 | That I do hereby surrender and entrust the entire custody | ||||||
13 | and control
of such child to the .... (the "Agency"), a | ||||||
14 | (public) (licensed) child
welfare agency with its principal | ||||||
15 | office in the City of ...., County of
.... and State of ...., | ||||||
16 | for the purpose of enabling it to care for and
supervise the | ||||||
17 | care of such child, to place such child for adoption and
to | ||||||
18 | consent to the legal adoption of such child, and that I have | ||||||
19 | not
previously executed a consent or surrender with respect to | ||||||
20 | such child.
| ||||||
21 | That I hereby grant to the Agency full power and authority | ||||||
22 | to place
such child with any person or persons it may in its | ||||||
23 | sole discretion
select to become the adopting parent or |
| |||||||
| |||||||
1 | parents and to consent to the
legal adoption of such child by | ||||||
2 | such person or persons; and to take any
and all measures which, | ||||||
3 | in the judgment of the Agency, may be for the
best interests of | ||||||
4 | such child, including authorizing medical, surgical
and dental | ||||||
5 | care and treatment, including inoculation and anaesthesia for
| ||||||
6 | such child.
| ||||||
7 | That I wish to and understand that by signing this | ||||||
8 | surrender I do
irrevocably and permanently give up all custody | ||||||
9 | and other parental
rights I have to such child.
| ||||||
10 | That I understand I cannot under any circumstances, after | ||||||
11 | signing
this surrender, change my mind and revoke or cancel | ||||||
12 | this surrender or
obtain or recover custody or any other | ||||||
13 | rights over such child, except
that I have the right to revoke | ||||||
14 | this surrender by giving written notice
of my revocation not | ||||||
15 | later than 72 hours after the birth of such child.
| ||||||
16 | That I have read and understand the above and I am signing | ||||||
17 | it as my
free and voluntary act.
| ||||||
18 | Dated (insert date).
| ||||||
19 | ........................
| ||||||
20 | E. The form of consent required from the parents for the | ||||||
21 | adoption of
an adult, when such adult elects to obtain such | ||||||
22 | consent, shall be
substantially as follows:
| ||||||
23 | CONSENT
|
| |||||||
| |||||||
1 | I, ...., (father) (mother) of ...., an adult, state:
| ||||||
2 | That I reside at ...., County of .... and State of .....
| ||||||
3 | That I do hereby consent and agree to the adoption of such | ||||||
4 | adult by
.... and .....
| ||||||
5 | Dated (insert date).
| ||||||
6 | .........................
| ||||||
7 | F. The form of consent required for the adoption of a child | ||||||
8 | of the
age of 14 years or over, or of an adult, to be given by | ||||||
9 | such person,
shall be substantially as follows:
| ||||||
10 | CONSENT
| ||||||
11 | I, ...., state:
| ||||||
12 | That I reside at ...., County of .... and State of ..... | ||||||
13 | That I am
of the age of .... years. That I hereby enter my | ||||||
14 | appearance in this proceeding and waive service of summons on | ||||||
15 | me. That I consent and agree to my adoption by
.... and .....
| ||||||
16 | Dated (insert date).
| ||||||
17 | ........................
| ||||||
18 | G. The form of consent given by an agency to the adoption | ||||||
19 | by
specified persons of a child previously surrendered to it | ||||||
20 | shall set
forth that the agency has the authority to execute | ||||||
21 | such consent. The
form of consent given by a guardian of the | ||||||
22 | person of a child sought to
be adopted, appointed by a court of |
| |||||||
| |||||||
1 | competent jurisdiction, shall set
forth the facts of such | ||||||
2 | appointment and the authority of the guardian to
execute such | ||||||
3 | consent.
| ||||||
4 | H. A consent (other than that given by an agency, or | ||||||
5 | guardian of the
person of the child sought to be adopted who | ||||||
6 | was appointed by a court of
competent jurisdiction) shall be | ||||||
7 | acknowledged by a parent before a judge of a court of competent | ||||||
8 | jurisdiction or, except as otherwise provided in
this Act, | ||||||
9 | before a representative of an agency, or before a person, | ||||||
10 | other than the attorney for the prospective adoptive parent or | ||||||
11 | parents, designated by a court of competent
jurisdiction.
| ||||||
12 | I. A surrender, or any other document equivalent to a | ||||||
13 | surrender, by
which a child is surrendered to an agency shall | ||||||
14 | be acknowledged by the
person signing such surrender, or other | ||||||
15 | document, before a judge of a court of competent jurisdiction, | ||||||
16 | or, except as otherwise provided in this Act, before a | ||||||
17 | representative of an agency, or before a person designated by | ||||||
18 | a court
of competent jurisdiction.
| ||||||
19 | J. The form of the certificate of acknowledgment for a | ||||||
20 | consent, a
surrender, or any other document equivalent to a | ||||||
21 | surrender, shall be
substantially as follows:
| ||||||
22 | STATE OF ....)
| ||||||
23 | ) SS.
| ||||||
24 | COUNTY OF ...)
| ||||||
25 | I, .... (Name of judge or other person), .... (official |
| |||||||
| |||||||
1 | title, name and
location of court or status or position of | ||||||
2 | other person),
certify that ...., personally known to me to be | ||||||
3 | the same person whose
name is subscribed to the foregoing | ||||||
4 | (consent) (surrender), appeared
before me this day in person | ||||||
5 | and acknowledged that (she) (he) signed and
delivered such | ||||||
6 | (consent) (surrender) as (her) (his) free and voluntary
act, | ||||||
7 | for the specified purpose.
| ||||||
8 | I have fully explained that by signing such (consent) | ||||||
9 | (surrender)
(she) (he) is irrevocably relinquishing all | ||||||
10 | parental rights to such
child or adult and (she) (he) has | ||||||
11 | stated that such is (her) (his)
intention and desire. (Add if | ||||||
12 | Consent only) I am further satisfied that, before signing this | ||||||
13 | Consent, ........ has read, or has had read to him or her, the | ||||||
14 | Birth Parent Rights and Responsibilities-Private Form.
| ||||||
15 | Dated (insert date).
| ||||||
16 | Signature ...............
| ||||||
17 | K. When the execution of a consent or a surrender is | ||||||
18 | acknowledged
before someone other than a judge,
such other | ||||||
19 | person shall have his or her signature on the certificate
| ||||||
20 | acknowledged before a notary public, in form substantially as | ||||||
21 | follows:
| ||||||
22 | STATE OF ....)
| ||||||
23 | ) SS.
| ||||||
24 | COUNTY OF ...)
|
| |||||||
| |||||||
1 | I, a Notary Public, in and for the County of ......, in the | ||||||
2 | State of
......, certify that ...., personally known to me to | ||||||
3 | be the
same person whose name is subscribed to the foregoing | ||||||
4 | certificate of
acknowledgment, appeared before me in person | ||||||
5 | and acknowledged that (she)
(he) signed such certificate as | ||||||
6 | (her) (his) free and voluntary act and
that the statements | ||||||
7 | made in the certificate are true.
| ||||||
8 | Dated (insert date).
| ||||||
9 | Signature ...................... Notary Public
| ||||||
10 | (official seal)
| ||||||
11 | There shall be attached a certificate of magistracy, or | ||||||
12 | other
comparable proof of office of the notary public | ||||||
13 | satisfactory to the
court, to a consent signed and | ||||||
14 | acknowledged in another state.
| ||||||
15 | L. A surrender or consent executed and acknowledged | ||||||
16 | outside of this
State, either in accordance with the law of | ||||||
17 | this State or in accordance
with the law of the place where | ||||||
18 | executed, is valid.
| ||||||
19 | M. Where a consent or a surrender is signed in a foreign | ||||||
20 | country,
the execution of such consent shall be acknowledged | ||||||
21 | or affirmed in a
manner conformable to the law and procedure of | ||||||
22 | such country.
| ||||||
23 | N. If the person signing a consent or surrender is in the | ||||||
24 | military
service of the United States, the execution of such | ||||||
25 | consent or surrender
may be acknowledged before a commissioned |
| |||||||
| |||||||
1 | officer and the signature of
such officer on such certificate | ||||||
2 | shall be verified or acknowledged
before a notary public or by | ||||||
3 | such other procedure as is then in effect
for such division or | ||||||
4 | branch of the armed forces.
| ||||||
5 | O. (1) The parent or parents of a child in whose interests | ||||||
6 | a petition
under Section 2-13 of the Juvenile Court Act of 1987 | ||||||
7 | is pending may, with the
approval of the designated | ||||||
8 | representative of the Department of Children and
Family | ||||||
9 | Services ("Department" or "DCFS"), execute a consent to | ||||||
10 | adoption by a specified person or
persons:
| ||||||
11 | (a) in whose physical custody the child has resided | ||||||
12 | for at least 6
months;
or
| ||||||
13 | (b) in whose physical custody at least one sibling of | ||||||
14 | the child who is the
subject of this consent has resided | ||||||
15 | for at least 6 months, and
the child who is
the subject of | ||||||
16 | this consent is currently residing in this foster home; or
| ||||||
17 | (c) in whose physical custody a child under one year | ||||||
18 | of age has resided
for at least 3 months.
| ||||||
19 | The court may waive the time frames in subdivisions (a), | ||||||
20 | (b), and (c) for good cause shown if the court finds it to be | ||||||
21 | in the child's best interests. | ||||||
22 | A consent under this subsection O shall be acknowledged by | ||||||
23 | a parent pursuant to
subsection H and subsection K of this | ||||||
24 | Section.
| ||||||
25 | (2) The final and irrevocable consent to adoption by a | ||||||
26 | specified person or persons in a Department of Children and |
| |||||||
| |||||||
1 | Family Services (DCFS) case shall be substantially
as follows:
| ||||||
2 | FINAL AND IRREVOCABLE CONSENT TO ADOPTION BY
| ||||||
3 | A SPECIFIED PERSON OR PERSONS: DCFS CASE
| ||||||
4 | I, ......................................, the | ||||||
5 | .................. mother or
father (circle one) of a male or | ||||||
6 | female (circle one) child, state:
| ||||||
7 | 1. My child ............................ (name of | ||||||
8 | child) was born on .....
(insert date) at | ||||||
9 | .................... Hospital in the City/Town of | ||||||
10 | ........., in
................ County, State of | ||||||
11 | ...............
| ||||||
12 | 2. I reside at ......................, County of | ||||||
13 | ............. and
State of .............. | ||||||
14 | Mail may also be sent to me at this address | ||||||
15 | ............................, in care of | ||||||
16 | ................. | ||||||
17 | My home telephone number is ...................... | ||||||
18 | My cell telephone number is ...................... | ||||||
19 | My e-mail address is .................................
| ||||||
20 | 3. I, ..........................., am .... years old.
| ||||||
21 | 4. I enter my appearance in this action for my child to | ||||||
22 | be adopted by the
person or persons specified herein by me | ||||||
23 | and waive service of
summons on me in this action only.
| ||||||
24 | 5. I hereby acknowledge that I have been provided a |
| |||||||
| |||||||
1 | copy of the Birth Parent Rights and Responsibilities in | ||||||
2 | Illinois for Final and Irrevocable Consents to Adoption by | ||||||
3 | a Specified Person or Persons for DCFS Cases before | ||||||
4 | signing this Consent and that I have had time to read this | ||||||
5 | form or have it read to me and that I understand the rights | ||||||
6 | and responsibilities described in this form. I understand | ||||||
7 | that if I do not receive any of my rights as described in | ||||||
8 | the form, it shall not constitute a basis to revoke this | ||||||
9 | Final and Irrevocable Consent to Adoption by a Specified | ||||||
10 | Person or Persons. | ||||||
11 | 6. I do hereby consent and agree to the adoption of | ||||||
12 | such child by .......... (names of current foster | ||||||
13 | parent(s) or caregiver(s), hereinafter referred to as the | ||||||
14 | "specified person or persons") only. | ||||||
15 | 7. I wish to sign this consent and I understand that by | ||||||
16 | signing this consent I irrevocably and permanently give up | ||||||
17 | all my parental rights I have to my child. | ||||||
18 | 8. I understand that this consent allows my child to | ||||||
19 | be adopted by the specified person or persons only and | ||||||
20 | that I cannot under any circumstances after signing this | ||||||
21 | document change my mind and revoke or cancel this consent. | ||||||
22 | 9. I understand that this consent will be void if: | ||||||
23 | (a) the Department places my child with someone | ||||||
24 | other than the specified person or persons; or | ||||||
25 | (b) a court denies the adoption petition for the | ||||||
26 | specified person or persons to adopt my child; or |
| |||||||
| |||||||
1 | (c) the DCFS Guardianship Administrator refuses to | ||||||
2 | consent to my child's adoption by the specified person | ||||||
3 | or persons on the basis that the adoption is not in my | ||||||
4 | child's best interests. | ||||||
5 | I understand that if this consent is void I have | ||||||
6 | parental rights to my child, subject to any applicable | ||||||
7 | court orders including those entered under Article II of | ||||||
8 | the Juvenile Court Act of 1987, unless and until I sign a | ||||||
9 | new consent or surrender or my parental rights are | ||||||
10 | involuntarily terminated. I understand that if this | ||||||
11 | consent is void, my child may be adopted by someone other | ||||||
12 | than the specified person or persons only if I sign a new | ||||||
13 | consent or surrender, or my parental rights are | ||||||
14 | involuntarily terminated. I understand that if this | ||||||
15 | consent is void, the Department will notify me within 30 | ||||||
16 | days using the addresses and telephone numbers I provided | ||||||
17 | in paragraph 2 of this form. I understand that if I receive | ||||||
18 | such a notice, it is very important that I contact the | ||||||
19 | Department immediately, and preferably within 30 days, to | ||||||
20 | have input into the plan for my child's future. | ||||||
21 | 10. I understand that if a petition for adoption of my | ||||||
22 | child is filed by someone other than the specified person | ||||||
23 | or persons, the Department will notify me within 14 days | ||||||
24 | after the Department becomes aware of the petition. The | ||||||
25 | fact that someone other than the specified person or | ||||||
26 | persons files a petition to adopt my child does not make |
| |||||||
| |||||||
1 | this consent void. | ||||||
2 | 11. If a person other than the specified person or | ||||||
3 | persons files a petition to adopt my child or if the | ||||||
4 | consent is void under paragraph 9, the Department will | ||||||
5 | send written notice to me using the mailing address and | ||||||
6 | email address provided by me in paragraph 2 of this form. | ||||||
7 | The Department will also contact me using the telephone | ||||||
8 | numbers I provided in paragraph 2 of this form. It is very | ||||||
9 | important that I let the Department know if any of my | ||||||
10 | contact information changes. If I do not let the | ||||||
11 | Department know if any of my contact information changes, | ||||||
12 | I understand that I may not receive notification from the | ||||||
13 | Department if this consent is void or if someone other | ||||||
14 | than the specified person or persons files a petition to | ||||||
15 | adopt my child. If any of my contact information changes, | ||||||
16 | I should immediately notify: | ||||||
17 | Caseworker's name and telephone number: | ||||||
18 | ............................................................; | ||||||
19 | Agency name, address, zip code, and telephone number: | ||||||
20 | ............................................................; | ||||||
21 | Supervisor's name and telephone number: | ||||||
22 | ............................................................; | ||||||
23 | DCFS Advocacy Office for Children and Families: | ||||||
24 | 800-232-3798. | ||||||
25 | 12. I expressly acknowledge that paragraph 9 (and | ||||||
26 | paragraphs 8a and 8b, if applicable) do not impair the |
| |||||||
| |||||||
1 | validity and finality of this consent under any | ||||||
2 | circumstances.
| ||||||
3 | 13. I have read and understand the above and I am | ||||||
4 | signing it as my free
and voluntary act.
| ||||||
5 | Dated (insert date).
| ||||||
6 | .............................................
| ||||||
7 | Signature of parent
| ||||||
8 | (3) If the parent consents to an adoption by 2 specified | ||||||
9 | persons, then the
form shall contain 2 additional paragraphs | ||||||
10 | in substantially the following form:
| ||||||
11 | 8a. I understand that I cannot change my mind or | ||||||
12 | revoke this consent or recover custody of my child on the | ||||||
13 | basis that the specified persons divorce or are granted a | ||||||
14 | dissolution of a civil union or that one of the specified | ||||||
15 | persons has died.
| ||||||
16 | 8b. I understand that if the specified persons get a | ||||||
17 | divorce or are granted a dissolution of a civil union | ||||||
18 | before the petition to adopt my child is granted, this | ||||||
19 | consent remains valid only for ............... (name only | ||||||
20 | one specified person) to adopt my child.
| ||||||
21 | 8c. I understand that if either of the specified | ||||||
22 | persons dies before the petition to adopt my child is | ||||||
23 | granted, this consent remains valid for the surviving | ||||||
24 | person to adopt my child. | ||||||
25 | (4) The form of the certificate of acknowledgement for a |
| |||||||
| |||||||
1 | Final and
Irrevocable Consent for Adoption by a Specified | ||||||
2 | Person or Persons: DCFS Case shall be
substantially as | ||||||
3 | follows:
| ||||||
4 | STATE OF ..............)
| ||||||
5 | ) SS.
| ||||||
6 | COUNTY OF .............)
| ||||||
7 | I, .................... (Name of Judge or other person),
| ||||||
8 | ..................... (official title, name, and address),
| ||||||
9 | certify that ............., personally known to me to be the | ||||||
10 | same person whose
name is subscribed to the foregoing Final | ||||||
11 | and Irrevocable Consent for Adoption
by a Specified Person or | ||||||
12 | Persons: DCFS Case, appeared before me this day
in person and | ||||||
13 | acknowledged that (she)(he) signed and delivered the consent | ||||||
14 | as
(her)(his) free and voluntary act, for the specified | ||||||
15 | purpose.
| ||||||
16 | I have fully explained that by signing this consent this | ||||||
17 | parent is irrevocably
and permanently
relinquishing all | ||||||
18 | parental rights to the child so that the child may be adopted | ||||||
19 | by a specified person or persons, and this parent has stated | ||||||
20 | that
such is (her)(his) intention and desire. I have fully | ||||||
21 | explained that this consent is void only if:
| ||||||
22 | (a) the placement is disrupted and the child is moved | ||||||
23 | to a different placement; or | ||||||
24 | (b) a court denies the petition for adoption; or |
| |||||||
| |||||||
1 | (c) the Department of Children and Family Services | ||||||
2 | Guardianship Administrator refuses to consent to the | ||||||
3 | child's adoption by a specified person or persons on the | ||||||
4 | basis that the adoption is not in the child's best | ||||||
5 | interests. | ||||||
6 | Dated (insert date).
| ||||||
7 | ...............................
| ||||||
8 | Signature
| ||||||
9 | (5) If a consent to adoption by a specified person or | ||||||
10 | persons is executed in
this form, the following provisions | ||||||
11 | shall apply. The consent shall be valid
only for the specified | ||||||
12 | person or persons to adopt the child. The consent shall be void
| ||||||
13 | if:
| ||||||
14 | (a) the placement disrupts and the child is moved to | ||||||
15 | another placement; or
| ||||||
16 | (b) a court denies the petition for adoption; or
| ||||||
17 | (c) the Department of Children and Family Services | ||||||
18 | Guardianship
Administrator refuses to consent to the | ||||||
19 | child's adoption by the specified person or persons on the | ||||||
20 | basis that the adoption is not in the child's best | ||||||
21 | interests.
| ||||||
22 | If the consent is void under this Section, the parent | ||||||
23 | shall not need to take further action to revoke the consent. No | ||||||
24 | proceeding for termination of parental rights shall be brought | ||||||
25 | unless the parent who executed the consent to adoption by a |
| |||||||
| |||||||
1 | specified person or persons has been notified of the | ||||||
2 | proceedings pursuant to Section 7 of this Act or subsection | ||||||
3 | (4) of Section 2-13 of the Juvenile Court Act of 1987.
| ||||||
4 | (6) The Department of Children and Family Services is | ||||||
5 | authorized
to promulgate rules necessary to implement this | ||||||
6 | subsection O.
| ||||||
7 | (7) (Blank).
| ||||||
8 | (8) The Department of Children and Family Services shall | ||||||
9 | promulgate a rule and procedures regarding Consents to | ||||||
10 | Adoption by a Specified Person or Persons in DCFS cases. The | ||||||
11 | rule and procedures shall provide for the development of the | ||||||
12 | Birth Parent Rights and Responsibilities Form for DCFS
Cases. | ||||||
13 | (9) A consent to adoption by specified persons on this
| ||||||
14 | consent form shall have no effect on a court's determination | ||||||
15 | of
custody or visitation under the Illinois Marriage and
| ||||||
16 | Dissolution of Marriage Act or the Illinois Religious Freedom
| ||||||
17 | Protection and Civil Union Act if the marriage or civil union | ||||||
18 | of the
specified persons is dissolved after the adoption is | ||||||
19 | final. | ||||||
20 | P. If the person signing a consent is incarcerated or | ||||||
21 | detained in a correctional facility, prison, jail, detention | ||||||
22 | center, or other comparable institution, either in this State | ||||||
23 | or any other jurisdiction, the execution of such consent may | ||||||
24 | be acknowledged before social service personnel of such | ||||||
25 | institution, or before a person designated by a court of | ||||||
26 | competent jurisdiction. |
| |||||||
| |||||||
1 | Q. A consent may be acknowledged telephonically, via | ||||||
2 | audiovisual connection, or other electronic means, provided | ||||||
3 | that a court of competent jurisdiction has entered an order | ||||||
4 | approving the execution of the consent in such manner and has | ||||||
5 | designated an individual to be physically present with the | ||||||
6 | parent executing such consent in order to verify the identity | ||||||
7 | of the parent. | ||||||
8 | R. An agency whose representative is acknowledging a | ||||||
9 | consent pursuant to this Section shall be a public child | ||||||
10 | welfare agency , or a child welfare agency , or a child placing | ||||||
11 | agency that is authorized or licensed in the State or | ||||||
12 | jurisdiction in which the consent is signed. | ||||||
13 | S. The form of waiver by a putative or legal father of a | ||||||
14 | born or unborn child shall be substantially as follows:
| ||||||
15 | FINAL AND IRREVOCABLE | ||||||
16 | WAIVER OF PARENTAL RIGHTS OF PUTATIVE OR LEGAL FATHER | ||||||
17 | I, ...................., state under oath or affirm as | ||||||
18 | follows: | ||||||
19 | 1. That the biological mother ............... has | ||||||
20 | named me as a possible biological or
legal father of her | ||||||
21 | minor child who was born, or is expected to be born on
| ||||||
22 | ..........., ......, in the City/Town of........., State | ||||||
23 | of ........... | ||||||
24 | 2. That I understand that the biological mother |
| |||||||
| |||||||
1 | ............. intends to or has placed the child
for | ||||||
2 | adoption. | ||||||
3 | 3. That I reside at ................, in the City/Town | ||||||
4 | of...........,
State of ................ | ||||||
5 | 4. That I am ................ years of age and my date | ||||||
6 | of birth is ..............., ............. | ||||||
7 | 5. That I (select one): | ||||||
8 | ..... am married to the biological mother. | ||||||
9 | ..... am not married to the biological mother and | ||||||
10 | have not been married to the biological
mother within | ||||||
11 | 300 days before the child's birth or expected date of | ||||||
12 | child's birth. | ||||||
13 | ..... am not currently married to the biological | ||||||
14 | mother, but was married to the biological
mother, | ||||||
15 | within 300 days before the child's birth or expected | ||||||
16 | date of child's birth. | ||||||
17 | 6. That I (select one): | ||||||
18 | ..... neither admit nor deny that I am the | ||||||
19 | biological father of the child. | ||||||
20 | ..... deny that I am the biological father of the | ||||||
21 | child. | ||||||
22 | 7. That I hereby agree to the termination of my | ||||||
23 | parental rights, if any, without further notice to me
of | ||||||
24 | any proceeding for the adoption of the minor child, even | ||||||
25 | if I have taken any action to establish
parental rights or | ||||||
26 | take any such action in the future including registering |
| |||||||
| |||||||
1 | with any putative father
registry. | ||||||
2 | 8. That I understand that by signing this Waiver I do | ||||||
3 | irrevocably and permanently give up all
custody and other | ||||||
4 | parental rights I may have to such child. | ||||||
5 | 9. That I understand that this Waiver is FINAL AND | ||||||
6 | IRREVOCABLE and that I am permanently
barred from | ||||||
7 | contesting any proceeding for the adoption of the child | ||||||
8 | after I sign this Waiver. | ||||||
9 | 10. That I waive any further service of summons or | ||||||
10 | other pleadings in any proceeding to terminate
parental | ||||||
11 | rights, if any to this child, or any proceeding for | ||||||
12 | adoption of this child. | ||||||
13 | 11. That I understand that if a final judgment or | ||||||
14 | order of adoption for this child is not entered, then
any | ||||||
15 | parental rights or responsibilities that I may have remain | ||||||
16 | intact. | ||||||
17 | 12. That I have read and understand the above and that | ||||||
18 | I am signing it as my free and voluntary act.
| ||||||
19 | Dated: ..................., .............. | ||||||
20 | ........................................... | ||||||
21 | Signature
| ||||||
22 | OATH | ||||||
23 | I have been duly sworn and I state under oath that I have read | ||||||
24 | and understood this Final and Irrevocable
Waiver of Parental |
| |||||||
| |||||||
1 | Rights of Putative or Legal Father. The facts contained in it | ||||||
2 | are true and correct to the
best of my knowledge. I have signed | ||||||
3 | this document as my free and voluntary act in order to | ||||||
4 | facilitate the
adoption of the child.
| ||||||
5 | .............................. | ||||||
6 | Signature
| ||||||
7 | Signed and Sworn before me on | ||||||
8 | this ............ day | ||||||
9 | of ..........., 20....
| ||||||
10 | ................... | ||||||
11 | Notary Public | ||||||
12 | (Source: P.A. 99-833, eff. 1-1-17; 100-1060, eff. 1-1-19 .)".
|