Bill Text: IL HB1699 | 2011-2012 | 97th General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Adoption Act. Provides that one of the statutory forms that is used for purposes of an agency adoption shall only be used by legal parents (instead of unspecified).
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2011-08-22 - Public Act . . . . . . . . . 97-0493 [HB1699 Detail]
Download: Illinois-2011-HB1699-Amended.html
Bill Title: Amends the Adoption Act. Provides that one of the statutory forms that is used for purposes of an agency adoption shall only be used by legal parents (instead of unspecified).
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2011-08-22 - Public Act . . . . . . . . . 97-0493 [HB1699 Detail]
Download: Illinois-2011-HB1699-Amended.html
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1 | AMENDMENT TO HOUSE BILL 1699
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2 | AMENDMENT NO. ______. Amend House Bill 1699 on page 1, by | ||||||
3 | replacing lines 4 and 5 with the following:
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4 | "Section 5. The Adoption Act is amended by changing | ||||||
5 | Sections 5, 8, 9, 10, and 11 as follows:
| ||||||
6 | (750 ILCS 50/5) (from Ch. 40, par. 1507)
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7 | Sec. 5. Petition, contents, verification, filing.
| ||||||
8 | A. A proceeding to adopt a child, other than a related | ||||||
9 | child, shall be
commenced by the filing of a petition within 30 | ||||||
10 | days after such child has
become available for adoption, | ||||||
11 | provided that such petition may be filed at
a later date by | ||||||
12 | leave of court upon a showing that the failure to file such
| ||||||
13 | petition within such 30 day period was not due to the | ||||||
14 | petitioners' culpable
negligence or their wilful disregard of | ||||||
15 | the provisions of this Section.
In the case of a child born | ||||||
16 | outside the United States or a territory
thereof, if the |
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| |||||||
1 | prospective adoptive parents of such child have been
appointed | ||||||
2 | guardians of such child by a court of competent jurisdiction in | ||||||
3 | a
country other than the United States or a territory thereof, | ||||||
4 | such parents
shall file a petition as provided in this Section | ||||||
5 | within 30 days after
entry of the child into the United States. | ||||||
6 | A petition to adopt an adult or a
related child may be filed at | ||||||
7 | any time. A petition for adoption may include
more than one | ||||||
8 | person sought to be adopted.
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9 | B. A petition to adopt a child other than a related child | ||||||
10 | shall state:
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11 | (a) The full names of the petitioners and, if minors, | ||||||
12 | their respective
ages;
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13 | (b) The place of residence of the petitioners and the | ||||||
14 | length of
residence of each in the State of Illinois | ||||||
15 | immediately preceding the filing
of the petition;
| ||||||
16 | (c) When the petitioners acquired, or intend to | ||||||
17 | acquire, custody of the
child, and the name and address of | ||||||
18 | the persons or agency from whom the
child was or will be | ||||||
19 | received;
| ||||||
20 | (d) The name, the place and date of birth if known, and | ||||||
21 | the sex of the
child sought to be adopted;
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22 | (e) The relationship, if any, of the child to each | ||||||
23 | petitioner;
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24 | (f) The names, if known, and the place of residence, if | ||||||
25 | known, of the
parents; and whether such parents are minors, | ||||||
26 | or otherwise under any legal
disability. The names and |
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1 | addresses of the parents shall be omitted and
they shall | ||||||
2 | not be made parties defendant to the petition if (1) the | ||||||
3 | rights
of the parents have been terminated by a court of | ||||||
4 | competent jurisdiction,
or (2) if the child has been | ||||||
5 | surrendered to an agency, or (3) if the parent
or parents | ||||||
6 | have been served with the notice provided in Section 12a of | ||||||
7 | this
Act and said parent or parents have filed a disclaimer | ||||||
8 | of paternity as
therein provided or have failed to file | ||||||
9 | such declaration of paternity or a
request for notice as | ||||||
10 | provided in said Section , or (4) the parent is a putative | ||||||
11 | father or legal father of the child who has waived his | ||||||
12 | parental rights by signing a waiver as provided in | ||||||
13 | subsection S of Section 10 ;
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14 | (g) If it is alleged that the child has no living | ||||||
15 | parent, then the name
of the guardian, if any, of such | ||||||
16 | child and the court which appointed such
guardian;
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17 | (h) If it is alleged that the child has no living | ||||||
18 | parent and that no
guardian of such child is known to | ||||||
19 | petitioners, then the name of a near
relative, if known, | ||||||
20 | shall be set forth, or an allegation that no near
relative | ||||||
21 | is known and on due inquiry cannot be ascertained by | ||||||
22 | petitioners;
| ||||||
23 | (i) The name to be given the child or adult;
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24 | (j) That the person or agency, having authority to | ||||||
25 | consent under Section
8 of this Act, has consented, or has | ||||||
26 | indicated willingness to consent, to
the adoption of the |
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1 | child by the petitioners, or that the person having
| ||||||
2 | authority to consent is an unfit person and the ground | ||||||
3 | therefor, or that no
consent is required under paragraph | ||||||
4 | (f) of Section 8 of this Act;
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5 | (k) Whatever orders, judgments or decrees have | ||||||
6 | heretofore been entered
by any court affecting (1) adoption | ||||||
7 | or custody of the child, or (2) the
adoptive, custodial or | ||||||
8 | parental rights of either petitioner, including the
prior | ||||||
9 | denial of any petition for adoption pertaining to such | ||||||
10 | child, or to
the petitioners, or either of them.
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11 | C. A petition to adopt a related child shall include the | ||||||
12 | information
specified in sub-paragraphs (a), (b), (d), (e), | ||||||
13 | (f), (i) and (k) of
paragraph B and a petition to adopt an | ||||||
14 | adult shall contain the information
required by sub-paragraphs | ||||||
15 | (a), (b) and (i) of paragraph B in addition to
the name, place, | ||||||
16 | date of birth and sex of such adult.
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17 | D. The petition shall be verified by the petitioners.
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18 | E. Upon the filing of the petition the petitioners shall | ||||||
19 | furnish the
Clerk of the Court in which the petition is pending | ||||||
20 | such information not
contained in such petition as shall be | ||||||
21 | necessary to enable the Clerk of
such Court to complete a | ||||||
22 | certificate of adoption as hereinafter provided.
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23 | F. A petition for standby adoption shall conform to the | ||||||
24 | requirements of
this Act with respect to petition contents, | ||||||
25 | verification, and filing. The
petition for standby adoption | ||||||
26 | shall also state the facts concerning the consent
of the |
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1 | child's parent to the standby adoption. A petition for
standby | ||||||
2 | adoption shall include the information in paragraph B if the | ||||||
3 | petitioner
seeks to adopt a child other than a related child. A | ||||||
4 | petition
for standby adoption shall include the information in | ||||||
5 | paragraph C if the
petitioner seeks to adopt a related child or | ||||||
6 | adult.
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7 | (Source: P.A. 91-357, eff. 7-29-99; 91-572, eff. 1-1-00.)
| ||||||
8 | (750 ILCS 50/8) (from Ch. 40, par. 1510)
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9 | Sec. 8. Consents to adoption and surrenders for purposes of
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10 | adoption.
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11 | (a) Except as hereinafter provided in this
Section consents | ||||||
12 | or surrenders shall be required in all cases, unless the
person | ||||||
13 | whose
consent or surrender would otherwise be required shall be | ||||||
14 | found by the
court:
| ||||||
15 | (1) to be an unfit person
as defined in Section
1 of | ||||||
16 | this Act, by clear and convincing evidence; or
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17 | (2) not to be the biological or adoptive father of the | ||||||
18 | child; or
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19 | (3) to have waived his parental rights to the child | ||||||
20 | under Section 12a or
12.1 or subsection S of Section 10 of
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21 | this Act; or
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22 | (4) to be the parent of an adult
sought to be adopted; | ||||||
23 | or
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24 | (5) to be
the father of the child as a result of | ||||||
25 | criminal sexual abuse or assault as
defined under Article |
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| |||||||
1 | 12 of the Criminal Code of 1961; or
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2 | (6) to be the father of a child who: | ||||||
3 | (i) is a family member of the mother of the child, | ||||||
4 | and the mother is under the age of 18 at the time of | ||||||
5 | the child's conception; for purposes of this | ||||||
6 | subsection, a "family member" is a parent, | ||||||
7 | step-parent, grandparent, step-grandparent, sibling, | ||||||
8 | or cousin of the first degree, whether by whole blood, | ||||||
9 | half-blood, or adoption, as well as a person age 18 or | ||||||
10 | over at the time of the child's conception who has | ||||||
11 | resided in the household with the mother continuously | ||||||
12 | for at least one year; or | ||||||
13 | (ii) is at least 5 years older than the child's | ||||||
14 | mother, and the mother was under the age of 17 at the | ||||||
15 | time of the child's conception, unless the mother and | ||||||
16 | father voluntarily acknowledge the father's paternity | ||||||
17 | of the child by marrying or by establishing the | ||||||
18 | father's paternity by consent of the parties pursuant | ||||||
19 | to the Illinois Parentage Act of 1984 or pursuant to a | ||||||
20 | substantially similar statute in another state. | ||||||
21 | A criminal conviction of any offense pursuant to | ||||||
22 | Article 12 of the Criminal Code of 1961 is not required.
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23 | (b) Where consents are required in the case of an adoption
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24 | of a minor child, the consents of the following persons shall | ||||||
25 | be
sufficient:
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26 | (1) (A) The mother of the minor child; and
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1 | (B) The father of the minor child, if the father:
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2 | (i) was married to the mother on the date of | ||||||
3 | birth of the child or
within
300 days before the | ||||||
4 | birth of the child, except for a husband or former
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5 | husband who has been found by a court of competent | ||||||
6 | jurisdiction not to be the
biological father of the | ||||||
7 | child; or
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8 | (ii) is the father of the child under a | ||||||
9 | judgment for adoption, an
order of parentage, or an | ||||||
10 | acknowledgment of parentage or paternity pursuant
| ||||||
11 | to subsection (a) of Section 5 of the Illinois | ||||||
12 | Parentage Act of 1984; or
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13 | (iii) in the case of a child placed with the | ||||||
14 | adopting parents less
than
6 months after birth, | ||||||
15 | openly lived with the child, the child's | ||||||
16 | biological
mother, or
both,
and
held himself out to | ||||||
17 | be the child's biological father during the first | ||||||
18 | 30 days
following the birth of the child; or
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19 | (iv) in the case of a child placed with the | ||||||
20 | adopting parents less than
6
months after birth, | ||||||
21 | made a good faith effort to pay a reasonable amount | ||||||
22 | of the
expenses
related to the birth of the child | ||||||
23 | and to provide a reasonable amount for the
| ||||||
24 | financial support of the child before the | ||||||
25 | expiration of 30 days following the
birth of the | ||||||
26 | child,
provided that the court may consider in its |
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1 | determination all
relevant circumstances, | ||||||
2 | including the financial condition of both | ||||||
3 | biological
parents; or
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4 | (v) in the case of a child placed with the | ||||||
5 | adopting parents
more
than 6 months after birth, | ||||||
6 | has maintained substantial and continuous or
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7 | repeated contact with the child as manifested by:
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8 | (I) the payment by the father
toward the support of | ||||||
9 | the child of a fair and reasonable sum, according | ||||||
10 | to the
father's means, and either (II) the father's | ||||||
11 | visiting the child at least
monthly
when | ||||||
12 | physically and financially able to do so and not | ||||||
13 | prevented from doing so
by the person or authorized | ||||||
14 | agency having lawful custody of the child, or (III)
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15 | the father's regular communication with the child | ||||||
16 | or with the person or agency
having the care or | ||||||
17 | custody of the child, when physically and | ||||||
18 | financially unable
to visit the child or prevented | ||||||
19 | from doing so by the person or authorized
agency | ||||||
20 | having lawful custody of the child. The subjective | ||||||
21 | intent of the
father,
whether expressed or | ||||||
22 | otherwise unsupported by evidence of acts | ||||||
23 | specified in
this sub-paragraph as manifesting | ||||||
24 | such intent, shall not preclude a
determination | ||||||
25 | that the father failed to maintain substantial and | ||||||
26 | continuous or
repeated contact with the child; or
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1 | (vi) in the case of a child placed with the | ||||||
2 | adopting parents more than
six
months after birth, | ||||||
3 | openly lived with the child for a period of six | ||||||
4 | months
within the one year period immediately | ||||||
5 | preceding the placement of the child for
adoption | ||||||
6 | and openly held himself out to be the father of the | ||||||
7 | child; or
| ||||||
8 | (vii) has timely registered with Putative | ||||||
9 | Father Registry, as provided
in
Section 12.1 of | ||||||
10 | this Act,
and prior to the expiration of 30 days | ||||||
11 | from the date
of such registration, commenced | ||||||
12 | legal
proceedings to establish paternity under the | ||||||
13 | Illinois Parentage Act of 1984
or under the law of | ||||||
14 | the jurisdiction of the child's birth; or
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15 | (2) The legal guardian of the person of the child, if | ||||||
16 | there
is no surviving parent; or
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17 | (3) An agency, if the child has been surrendered for
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18 | adoption to such agency; or
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19 | (4) Any person or agency having legal custody of a | ||||||
20 | child by court order
if the parental rights of the parents | ||||||
21 | have been judicially terminated, and
the court having | ||||||
22 | jurisdiction of the guardianship of the child has | ||||||
23 | authorized
the consent to the adoption; or
| ||||||
24 | (5) The execution and
verification of the petition by | ||||||
25 | any petitioner who is
also a parent of the child sought to | ||||||
26 | be adopted shall be sufficient evidence
of such parent's |
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1 | consent to the adoption.
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2 | (c) Where surrenders to an agency are required in the case | ||||||
3 | of a placement
for adoption of a minor child by an agency, the | ||||||
4 | surrenders of the following
persons shall be sufficient:
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5 | (1) (A) The mother of the minor child; and
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6 | (B) The father of the minor child, if the father:
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7 | (i) was married to the mother on the date of | ||||||
8 | birth of the child or
within 300 days before the | ||||||
9 | birth of the child, except for a husband or former
| ||||||
10 | husband who has been found by a court of competent | ||||||
11 | jurisdiction not to be the
biological father of the | ||||||
12 | child; or
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13 | (ii) is the father of the child under a | ||||||
14 | judgment for adoption, an
order of parentage, or an | ||||||
15 | acknowledgment of parentage or paternity pursuant
| ||||||
16 | to subsection (a) of Section 5 of the Illinois | ||||||
17 | Parentage Act of 1984; or
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18 | (iii) in the case of a child placed with the | ||||||
19 | adopting parents less
than
6 months after birth, | ||||||
20 | openly lived with the child, the child's | ||||||
21 | biological
mother, or
both,
and
held himself out to | ||||||
22 | be the child's biological father during the first | ||||||
23 | 30 days
following the birth of a child; or
| ||||||
24 | (iv) in the case of a child placed with the | ||||||
25 | adopting parents less than
6
months after birth, | ||||||
26 | made a good faith effort to pay a reasonable amount |
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1 | of the
expenses
related to the birth of the child | ||||||
2 | and to provide a reasonable amount for the
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3 | financial support of the child before
the | ||||||
4 | expiration of 30 days following the birth of
the
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5 | child,
provided that the court may consider in its | ||||||
6 | determination all relevant
circumstances, | ||||||
7 | including the financial condition of both | ||||||
8 | biological parents;
or
| ||||||
9 | (v) in the case of a child placed with the | ||||||
10 | adopting parents more than
six
months after birth, | ||||||
11 | has maintained substantial and continuous or | ||||||
12 | repeated
contact with the child as manifested by: | ||||||
13 | (I) the payment by the father toward
the support of | ||||||
14 | the child of a fair and reasonable sum, according | ||||||
15 | to the
father's means, and either (II) the father's | ||||||
16 | visiting the child at least
monthly when | ||||||
17 | physically and financially able to do so and not | ||||||
18 | prevented from
doing so by the person or authorized | ||||||
19 | agency having lawful custody of the child
or (III) | ||||||
20 | the father's regular communication with the child | ||||||
21 | or with the person
or agency having the care or | ||||||
22 | custody of the child, when physically and
| ||||||
23 | financially unable to visit the child or prevented | ||||||
24 | from doing so by the person
or authorized agency | ||||||
25 | having lawful custody of the child. The subjective
| ||||||
26 | intent of the father, whether expressed or |
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| |||||||
1 | otherwise, unsupported by evidence
of acts | ||||||
2 | specified in this sub-paragraph as manifesting | ||||||
3 | such intent, shall not
preclude a determination | ||||||
4 | that the father failed to maintain substantial and
| ||||||
5 | continuous or repeated contact with the child; or
| ||||||
6 | (vi) in the case of a child placed with the | ||||||
7 | adopting parents more than
six
months after birth, | ||||||
8 | openly lived with the child for a period of six | ||||||
9 | months
within the one year period immediately | ||||||
10 | preceding the placement of the child for
adoption | ||||||
11 | and openly held himself out to be the father of the | ||||||
12 | child; or
| ||||||
13 | (vii) has timely registered with the Putative | ||||||
14 | Father Registry, as
provided
in Section 12.1 of | ||||||
15 | this Act,
and prior to the expiration of 30 days | ||||||
16 | from the date
of such
registration, commenced | ||||||
17 | legal
proceedings to establish paternity under the | ||||||
18 | Illinois Parentage Act of 1984, or
under the law of | ||||||
19 | the jurisdiction of the child's birth.
| ||||||
20 | (d) In making a determination under subparagraphs (b)(1) | ||||||
21 | and (c)(1), no
showing shall be required of diligent efforts by | ||||||
22 | a person or agency to
encourage the father to perform the acts | ||||||
23 | specified therein.
| ||||||
24 | (e) In the case of the adoption of an adult, only the | ||||||
25 | consent of
such adult shall be required.
| ||||||
26 | (Source: P.A. 93-510, eff. 1-1-04; 94-530, eff. 1-1-06.)
|
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| |||||||
1 | (750 ILCS 50/9) (from Ch. 40, par. 1511)
| ||||||
2 | Sec. 9. Time for
signing a waiver, taking a consent , or | ||||||
3 | surrender.
| ||||||
4 | A. A consent or a surrender signed taken not less than 72 | ||||||
5 | hours after the birth
of the child is irrevocable except as | ||||||
6 | provided in Section 11 of this Act.
| ||||||
7 | B. No consent or surrender shall be signed taken within the | ||||||
8 | 72 hour period
immediately following the birth of the child.
| ||||||
9 | C. A consent or a surrender may be signed by taken from the | ||||||
10 | father prior to the
birth of the child. Such consent or | ||||||
11 | surrender shall be revoked if, within
72 hours after the birth | ||||||
12 | of the child, the father who gave such consent or
surrender, | ||||||
13 | notifies in writing the person, agency or court representative
| ||||||
14 | who acknowledged took the surrender or consent or any | ||||||
15 | individual representing or
connected with such person, agency | ||||||
16 | or court representative of the
revocation of the consent or | ||||||
17 | surrender.
| ||||||
18 | D. Any consent or surrender signed taken in accordance with | ||||||
19 | paragraph C above
which is not revoked within 72 hours after | ||||||
20 | the birth of the child is
irrevocable except as provided in | ||||||
21 | Section 11 of this Act.
| ||||||
22 | E. Consent may be given to a standby adoption by a parent
| ||||||
23 | whose
consent is required pursuant to Section 8 of this Act to | ||||||
24 | become effective when
the consenting parent of the child dies | ||||||
25 | or that parent requests that the final
judgment of
adoption be |
| |||||||
| |||||||
1 | entered.
| ||||||
2 | F. A waiver as provided in subsection S of Section 10 of | ||||||
3 | this Act may be signed by a putative father or legal father of | ||||||
4 | the child at any time prior to or after the birth of the child. | ||||||
5 | A waiver is irrevocable except as provided in Section 11 of | ||||||
6 | this Act. | ||||||
7 | (Source: P.A. 93-732, eff. 1-1-05.)"; and
| ||||||
8 | on page 32, below line 25, by inserting the following:
| ||||||
9 | "(750 ILCS 50/11) (from Ch. 40, par. 1513)
| ||||||
10 | Sec. 11. Consents, surrenders, waivers, irrevocability.
| ||||||
11 | (a) A consent to adoption or standby adoption by a parent, | ||||||
12 | including a
minor, executed and
acknowledged in accordance with | ||||||
13 | the provisions of Section 10 8 of this Act, or
a surrender of a | ||||||
14 | child by a parent, including a minor, to an agency for the
| ||||||
15 | purpose of adoption shall be irrevocable unless it shall have | ||||||
16 | been obtained
by fraud or duress on the part of the person | ||||||
17 | before whom such consent,
surrender, or other document | ||||||
18 | equivalent to a surrender is acknowledged
pursuant to the | ||||||
19 | provisions of Section 10 of this Act or on the part of the
| ||||||
20 | adopting parents or their agents and a court of competent | ||||||
21 | jurisdiction
shall so find. No action to void or revoke a | ||||||
22 | consent to or surrender for
adoption, including an action based | ||||||
23 | on fraud or duress, may be commenced
after 12 months from the | ||||||
24 | date the consent or surrender was executed.
The consent or |
| |||||||
| |||||||
1 | surrender of a parent who is a minor shall
not be voidable | ||||||
2 | because of such minority.
| ||||||
3 | (a-1) A waiver signed by a putative or legal father, | ||||||
4 | including a minor, executed and acknowledged in accordance with | ||||||
5 | Section 10 of this Act, shall be irrevocable unless it shall | ||||||
6 | have been obtained by fraud or duress on the part of the | ||||||
7 | adopting parents or their agents and a court of competent | ||||||
8 | jurisdiction shall so find. No action to void a waiver may be | ||||||
9 | commenced after 12 months from the date the waiver was | ||||||
10 | executed. The waiver of a putative or legal father who is a | ||||||
11 | minor shall not be voidable because of such minority. | ||||||
12 | (b) The petitioners in an adoption proceeding are entitled | ||||||
13 | to rely upon a
sworn statement of the biological mother of the | ||||||
14 | child to be adopted identifying
the father of her child. The | ||||||
15 | affidavit shall be conclusive evidence as to the
biological | ||||||
16 | mother regarding the facts stated therein, and shall create a
| ||||||
17 | rebuttable presumption of truth as to the biological father | ||||||
18 | only. Except as
provided in Section 11 of this Act, the | ||||||
19 | biological mother of the child shall be
permanently barred from | ||||||
20 | attacking the proceeding thereafter. The biological
mother | ||||||
21 | shall execute such affidavit in writing and under oath. The | ||||||
22 | affidavit
shall be executed by the biological mother before or | ||||||
23 | at the time of execution
of the consent or surrender, and shall | ||||||
24 | be retained by the court and be a part
of the Court's files. | ||||||
25 | The form of affidavit shall be substantially as follows:
| ||||||
26 | AFFIDAVIT OF IDENTIFICATION
|
| |||||||
| |||||||
1 | I, ................., the mother of a (male or female) | ||||||
2 | child, state under
oath or affirm as follows:
| ||||||
3 | (1) That the child was born, or is expected to be born, on | ||||||
4 | (insert
date), at ......................., in
the State of | ||||||
5 | ...................
| ||||||
6 | (2) That I reside at .................., in the City or | ||||||
7 | Village of
..........., State of ...................
| ||||||
8 | (3) That I am of the age of ....... years.
| ||||||
9 | (4) That I acknowledge that I have been asked to identify | ||||||
10 | the father of my
child.
| ||||||
11 | (5) (CHECK ONE)
| ||||||
12 | .... I know and am identifying the biological father.
| ||||||
13 | .... I do not know the identity of the biological father.
| ||||||
14 | .... I am unwilling to identify the biological father.
| ||||||
15 | (6A) If I know and am identifying the father:
| ||||||
16 | That the name of the biological father is | ||||||
17 | ....................; his last
known home address is | ||||||
18 | ............; his last known work address is
| ||||||
19 | ....................; and he is ..... years of age; or he is | ||||||
20 | deceased, having
died on (insert date) at
.............., in | ||||||
21 | the State of ..................
| ||||||
22 | (6B) If I do not know the identity of the biological | ||||||
23 | father:
| ||||||
24 | I do not know who the biological father is; the following | ||||||
25 | is
an explanation of why I am unable to identify him:
| ||||||
26 | .............................................................
|
| |||||||
| |||||||
1 | .............................................................
| ||||||
2 | ..............................................................
| ||||||
3 | (6C) If I am unwilling to identify the biological father:
| ||||||
4 | I do not wish to name the biological father of the child | ||||||
5 | for the following
reasons:
| ||||||
6 | .............................................................
| ||||||
7 | .............................................................
| ||||||
8 | .............................................................
| ||||||
9 | (7) The physical description of the biological father is:
.
| ||||||
10 | .............................................................
| ||||||
11 | .............................................................
| ||||||
12 | (8) I reaffirm that the information contained in paragraphs | ||||||
13 | 5, 6, and 7,
inclusive, is true and correct.
| ||||||
14 | (9) I have been informed and understand that if I am | ||||||
15 | unwilling, refuse to
identify, or misidentify the biological | ||||||
16 | father of the child, absent fraud
or duress, I am permanently | ||||||
17 | barred from attacking the proceedings for the
adoption of the | ||||||
18 | child at any time after I sign a final and irrevocable
consent | ||||||
19 | to adoption or surrender for purposes of adoption.
| ||||||
20 | (10) I have read this Affidavit and have had the | ||||||
21 | opportunity to review and
question it; it was explained to me | ||||||
22 | by ............................; and I am
signing it as my free | ||||||
23 | and voluntary act and understand the contents and the
results | ||||||
24 | of signing it.
| ||||||
25 | Dated (insert date).
| ||||||
26 | ...................................
|
| |||||||
| |||||||
1 | Signature
| ||||||
2 | Under penalties as provided by law under Section 1-109 of | ||||||
3 | the Code
of Civil Procedure, the undersigned certifies that the | ||||||
4 | statements set
forth in this Affidavit are true and correct.
| ||||||
5 | ...................................
| ||||||
6 | Signature
| ||||||
7 | (Source: P.A. 91-357, eff. 7-29-99; 91-572, eff. 1-1-00 .)".
|