Bill Text: IL HB5508 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Adoption Act. Declares that it is the public policy of the State to favor adoption of a child by a relative unless it is shown by clear and convincing evidence that any such adoption would be harmful to the welfare of the child. Provides that any relative who wishes to adopt a child, and who is not already a party to the adoption proceeding, upon presentation of a written or oral motion to intervene shall be made a party to the adoption proceeding. Creates a list of relatives who may seek adoption of a related child.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2024-02-09 - Referred to Rules Committee [HB5508 Detail]

Download: Illinois-2023-HB5508-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5508 Introduced , by Rep. Kevin John Olickal SYNOPSIS AS INTRODUCED:
750 ILCS 50/15 from Ch. 40, par. 1519
Amends the Adoption Act. Declares that it is the public policy of the State to favor adoption of a child by a relative unless it is shown by clear and convincing evidence that any such adoption would be harmful to the welfare of the child. Provides that any relative who wishes to adopt a child, and who is not already a party to the adoption proceeding, upon presentation of a written or oral motion to intervene shall be made a party to the adoption proceeding. Creates a list of relatives who may seek adoption of a related child.
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A BILL FOR
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AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Adoption Act is amended by changing Section
15 as follows:
(750 ILCS 50/15) (from Ch. 40, par. 1519)
Sec. 15.
(a) The welfare of the child shall be the prime
consideration in all adoption proceedings. The court in
entering a judgment of adoption shall, whenever possible, give
custody through adoption to a petitioner or petitioners of the
same religious belief as that of the child.
(b) It is the public policy of this State to favor adoption
of a child by a relative unless it is shown by clear and
convincing evidence that any such adoption would be harmful to
the welfare of the child.
(c) Whenever a child is to be placed for adoption, any
relative who wishes to adopt the child, and who is not already
a party to the adoption proceeding, upon presentation of a
written or oral motion to intervene shall be made a party to
the adoption proceeding, except that no one who becomes a
party under this subsection may exercise the rights granted by
Section 2-1001 of the Code of Civil Procedure.

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(d) When there is a grandparent who wishes to adopt, the
court shall place the child with the Grandparent or
grandparents, unless, after an evidentiary hearing, the court
makes an express finding, based on clear and convincing
evidence, that placement with a grandparent would be harmful
to the child's welfare.
(e) When there is an adult sibling who wishes to adopt, the
court shall place the child with the adult sibling, unless,
after an evidentiary hearing, the court makes an express
finding, based on clear and convincing evidence, that
placement with a sibling would be harmful to the child's
welfare.
(f) When no grandparent or older sibling is available,
then, whenever there is an aunt or uncle who wishes to adopt,
the court shall place the child with an aunt or uncle or both,
unless, after an evidentiary hearing, the court makes an
express finding, based on clear and convincing evidence, that
placement with an aunt or uncle or both would be harmful to the
child's welfare.
(g) When no grandparent, older sibling, aunt or uncle is
available, then, whenever there is a cousin who wishes to
adopt, the court shall place the child with a cousin or
cousins, unless, after an evidentiary hearing, the court makes
an express finding, based on clear and convincing evidence,
that placement with a cousin or cousins would be harmful to the
child's welfare.

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