Bill Text: IL SB0107 | 2021-2022 | 102nd General Assembly | Chaptered

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Bill Title: Amends the Adoption Act. Provides that a spouse or civil union partner is not required to join in a petition for the adoption of an adult if a petitioner is a former stepparent of that adult. Provides that the residence requirement for adoption shall not apply to: an adoption of a child placed by a State-licensed child welfare agency performing adoption services (rather than an adoption of a child placed by an agency); an adoption of an adult by a former stepparent; and an adoption of a child born in the State who has resided in the State continuously since birth, or a child who has continuously resided in the State for at least 6 months immediately preceding the commencement of the adoption proceeding. Includes additional information for the affidavit of identification to be given by the biological mother in an adoption proceeding. Provides that, in specified proceedings, in the case of a related adoption where the child sought to be adopted is not a youth in care, the court shall have the discretion to waive the appointment of a guardian ad litem. Provides that the ability for the petitioners to apply for judgment of adoption 6 months after the date of any interim order vesting temporary care, custody, and control of a child in the petitioners does not apply to a judgment for adoption of a related child, an adult, or a child as to whose adoption a State-licensed child welfare agency, or person authorized by law, has the right of authority to consent. Deletes language providing that a judgment for adoption of an adult or a child as to whose adoption an agency or person authorized by law has the right of authority to consent may be entered at any time after service of process and after the return day designated therein. Provides instead that a judgment for adoption of: an adult may be entered at any time after the adult has consented to his or her adoption; or a child as to whose adoption a State-licensed child welfare agency, or person authorized by law, has the right of authority to consent may be entered at any time after placement and completion of investigation. Makes other changes.

Spectrum: Slight Partisan Bill (Democrat 5-3)

Status: (Passed) 2021-07-23 - Public Act . . . . . . . . . 102-0139 [SB0107 Detail]

Download: Illinois-2021-SB0107-Chaptered.html

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Public Act 102-0139
SB0107 Enrolled LRB102 04480 LNS 14499 b
AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Adoption Act is amended by changing
Sections 1, 2, 11, 13, and 14 as follows:
(750 ILCS 50/1) (from Ch. 40, par. 1501)
Sec. 1. Definitions. When used in this Act, unless the
context otherwise requires:
A. "Child" means a person under legal age subject to
adoption under this Act.
B. "Related child" means a child subject to adoption where
either or both of the adopting parents stands in any of the
following relationships to the child by blood, marriage,
adoption, or civil union: parent, grand-parent,
great-grandparent, brother, sister, step-parent,
step-grandparent, step-brother, step-sister, uncle, aunt,
great-uncle, great-aunt, first cousin, or second cousin. A
person is related to the child as a first cousin or second
cousin if they are both related to the same ancestor as either
grandchild or great-grandchild. A child whose parent has
executed a consent to adoption, a surrender, or a waiver
pursuant to Section 10 of this Act or whose parent has signed a
denial of paternity pursuant to Section 12 of the Vital

Records Act or Section 12a of this Act, or whose parent has had
his or her parental rights terminated, is not a related child
to that person, unless (1) the consent is determined to be void
or is void pursuant to subsection O of Section 10 of this Act;
or (2) the parent of the child executed a consent to adoption
by a specified person or persons pursuant to subsection A-1 of
Section 10 of this Act and a court of competent jurisdiction
finds that such consent is void; or (3) the order terminating
the parental rights of the parent is vacated by a court of
competent jurisdiction.
C. "Agency" for the purpose of this Act means a public
child welfare agency or a licensed child welfare agency.
D. "Unfit person" means any person whom the court shall
find to be unfit to have a child, without regard to the
likelihood that the child will be placed for adoption. The
grounds of unfitness are any one or more of the following,
except that a person shall not be considered an unfit person
for the sole reason that the person has relinquished a child in
accordance with the Abandoned Newborn Infant Protection Act:
(a) Abandonment of the child.
(a-1) Abandonment of a newborn infant in a hospital.
(a-2) Abandonment of a newborn infant in any setting
where the evidence suggests that the parent intended to
relinquish his or her parental rights.
(b) Failure to maintain a reasonable degree of
interest, concern or responsibility as to the child's

welfare.
(c) Desertion of the child for more than 3 months next
preceding the commencement of the Adoption proceeding.
(d) Substantial neglect of the child if continuous or
repeated.
(d-1) Substantial neglect, if continuous or repeated,
of any child residing in the household which resulted in
the death of that child.
(e) Extreme or repeated cruelty to the child.
(f) There is a rebuttable presumption, which can be
overcome only by clear and convincing evidence, that a
parent is unfit if:
(1) Two or more findings of physical abuse have
been entered regarding any children under Section 2-21
of the Juvenile Court Act of 1987, the most recent of
which was determined by the juvenile court hearing the
matter to be supported by clear and convincing
evidence; or
(2) The parent has been convicted or found not
guilty by reason of insanity and the conviction or
finding resulted from the death of any child by
physical abuse; or
(3) There is a finding of physical child abuse
resulting from the death of any child under Section
2-21 of the Juvenile Court Act of 1987.
No conviction or finding of delinquency pursuant to

Article V of the Juvenile Court Act of 1987 shall be
considered a criminal conviction for the purpose of
applying any presumption under this item (f).
(g) Failure to protect the child from conditions
within his environment injurious to the child's welfare.
(h) Other neglect of, or misconduct toward the child;
provided that in making a finding of unfitness the court
hearing the adoption proceeding shall not be bound by any
previous finding, order or judgment affecting or
determining the rights of the parents toward the child
sought to be adopted in any other proceeding except such
proceedings terminating parental rights as shall be had
under either this Act, the Juvenile Court Act or the
Juvenile Court Act of 1987.
(i) Depravity. Conviction of any one of the following
crimes shall create a presumption that a parent is
depraved which can be overcome only by clear and
convincing evidence: (1) first degree murder in violation
of paragraph (1) 1 or (2) 2 of subsection (a) of Section
9-1 of the Criminal Code of 1961 or the Criminal Code of
2012 or conviction of second degree murder in violation of
subsection (a) of Section 9-2 of the Criminal Code of 1961
or the Criminal Code of 2012 of a parent of the child to be
adopted; (2) first degree murder or second degree murder
of any child in violation of the Criminal Code of 1961 or
the Criminal Code of 2012; (3) attempt or conspiracy to

commit first degree murder or second degree murder of any
child in violation of the Criminal Code of 1961 or the
Criminal Code of 2012; (4) solicitation to commit murder
of any child, solicitation to commit murder of any child
for hire, or solicitation to commit second degree murder
of any child in violation of the Criminal Code of 1961 or
the Criminal Code of 2012; (5) predatory criminal sexual
assault of a child in violation of Section 11-1.40 or
12-14.1 of the Criminal Code of 1961 or the Criminal Code
of 2012; (6) heinous battery of any child in violation of
the Criminal Code of 1961; (7) aggravated battery of any
child in violation of the Criminal Code of 1961 or the
Criminal Code of 2012; (8) any violation of Section
11-1.20 or Section 12-13 of the Criminal Code of 1961 or
the Criminal Code of 2012; (9) any violation of subsection
(a) of Section 11-1.50 or Section 12-16 of the Criminal
Code of 1961 or the Criminal Code of 2012; (10) any
violation of Section 11-9.1 of the Criminal Code of 1961
or the Criminal Code of 2012; (11) any violation of
Section 11-9.1A of the Criminal Code of 1961 or the
Criminal Code of 2012; or (12) an offense in any other
state the elements of which are similar and bear a
substantial relationship to any of the enumerated offenses
in this subsection (i).
There is a rebuttable presumption that a parent is
depraved if the parent has been criminally convicted of at

least 3 felonies under the laws of this State or any other
state, or under federal law, or the criminal laws of any
United States territory; and at least one of these
convictions took place within 5 years of the filing of the
petition or motion seeking termination of parental rights.
There is a rebuttable presumption that a parent is
depraved if that parent has been criminally convicted of
either first or second degree murder of any person as
defined in the Criminal Code of 1961 or the Criminal Code
of 2012 within 10 years of the filing date of the petition
or motion to terminate parental rights.
No conviction or finding of delinquency pursuant to
Article 5 of the Juvenile Court Act of 1987 shall be
considered a criminal conviction for the purpose of
applying any presumption under this item (i).
(j) Open and notorious adultery or fornication.
(j-1) (Blank).
(k) Habitual drunkenness or addiction to drugs, other
than those prescribed by a physician, for at least one
year immediately prior to the commencement of the
unfitness proceeding.
There is a rebuttable presumption that a parent is
unfit under this subsection with respect to any child to
which that parent gives birth where there is a confirmed
test result that at birth the child's blood, urine, or
meconium contained any amount of a controlled substance as

defined in subsection (f) of Section 102 of the Illinois
Controlled Substances Act or metabolites of such
substances, the presence of which in the newborn infant
was not the result of medical treatment administered to
the mother or the newborn infant; and the biological
mother of this child is the biological mother of at least
one other child who was adjudicated a neglected minor
under subsection (c) of Section 2-3 of the Juvenile Court
Act of 1987.
(l) Failure to demonstrate a reasonable degree of
interest, concern or responsibility as to the welfare of a
new born child during the first 30 days after its birth.
(m) Failure by a parent (i) to make reasonable efforts
to correct the conditions that were the basis for the
removal of the child from the parent during any 9-month
period following the adjudication of neglected or abused
minor under Section 2-3 of the Juvenile Court Act of 1987
or dependent minor under Section 2-4 of that Act, or (ii)
to make reasonable progress toward the return of the child
to the parent during any 9-month period following the
adjudication of neglected or abused minor under Section
2-3 of the Juvenile Court Act of 1987 or dependent minor
under Section 2-4 of that Act. If a service plan has been
established as required under Section 8.2 of the Abused
and Neglected Child Reporting Act to correct the
conditions that were the basis for the removal of the

child from the parent and if those services were
available, then, for purposes of this Act, "failure to
make reasonable progress toward the return of the child to
the parent" includes the parent's failure to substantially
fulfill his or her obligations under the service plan and
correct the conditions that brought the child into care
during any 9-month period following the adjudication under
Section 2-3 or 2-4 of the Juvenile Court Act of 1987.
Notwithstanding any other provision, when a petition or
motion seeks to terminate parental rights on the basis of
item (ii) of this subsection (m), the petitioner shall
file with the court and serve on the parties a pleading
that specifies the 9-month period or periods relied on.
The pleading shall be filed and served on the parties no
later than 3 weeks before the date set by the court for
closure of discovery, and the allegations in the pleading
shall be treated as incorporated into the petition or
motion. Failure of a respondent to file a written denial
of the allegations in the pleading shall not be treated as
an admission that the allegations are true.
(m-1) (Blank).
(n) Evidence of intent to forgo his or her parental
rights, whether or not the child is a ward of the court,
(1) as manifested by his or her failure for a period of 12
months: (i) to visit the child, (ii) to communicate with
the child or agency, although able to do so and not

prevented from doing so by an agency or by court order, or
(iii) to maintain contact with or plan for the future of
the child, although physically able to do so, or (2) as
manifested by the father's failure, where he and the
mother of the child were unmarried to each other at the
time of the child's birth, (i) to commence legal
proceedings to establish his paternity under the Illinois
Parentage Act of 1984, the Illinois Parentage Act of 2015,
or the law of the jurisdiction of the child's birth within
30 days of being informed, pursuant to Section 12a of this
Act, that he is the father or the likely father of the
child or, after being so informed where the child is not
yet born, within 30 days of the child's birth, or (ii) to
make a good faith effort to pay a reasonable amount of the
expenses related to the birth of the child and to provide a
reasonable amount for the financial support of the child,
the court to consider in its determination all relevant
circumstances, including the financial condition of both
parents; provided that the ground for termination provided
in this subparagraph (n)(2)(ii) shall only be available
where the petition is brought by the mother or the husband
of the mother.
Contact or communication by a parent with his or her
child that does not demonstrate affection and concern does
not constitute reasonable contact and planning under
subdivision (n). In the absence of evidence to the

contrary, the ability to visit, communicate, maintain
contact, pay expenses and plan for the future shall be
presumed. The subjective intent of the parent, whether
expressed or otherwise, unsupported by evidence of the
foregoing parental acts manifesting that intent, shall not
preclude a determination that the parent has intended to
forgo his or her parental rights. In making this
determination, the court may consider but shall not
require a showing of diligent efforts by an authorized
agency to encourage the parent to perform the acts
specified in subdivision (n).
It shall be an affirmative defense to any allegation
under paragraph (2) of this subsection that the father's
failure was due to circumstances beyond his control or to
impediments created by the mother or any other person
having legal custody. Proof of that fact need only be by a
preponderance of the evidence.
(o) Repeated or continuous failure by the parents,
although physically and financially able, to provide the
child with adequate food, clothing, or shelter.
(p) Inability to discharge parental responsibilities
supported by competent evidence from a psychiatrist,
licensed clinical social worker, or clinical psychologist
of mental impairment, mental illness or an intellectual
disability as defined in Section 1-116 of the Mental
Health and Developmental Disabilities Code, or

developmental disability as defined in Section 1-106 of
that Code, and there is sufficient justification to
believe that the inability to discharge parental
responsibilities shall extend beyond a reasonable time
period. However, this subdivision (p) shall not be
construed so as to permit a licensed clinical social
worker to conduct any medical diagnosis to determine
mental illness or mental impairment.
(q) (Blank).
(r) The child is in the temporary custody or
guardianship of the Department of Children and Family
Services, the parent is incarcerated as a result of
criminal conviction at the time the petition or motion for
termination of parental rights is filed, prior to
incarceration the parent had little or no contact with the
child or provided little or no support for the child, and
the parent's incarceration will prevent the parent from
discharging his or her parental responsibilities for the
child for a period in excess of 2 years after the filing of
the petition or motion for termination of parental rights.
(s) The child is in the temporary custody or
guardianship of the Department of Children and Family
Services, the parent is incarcerated at the time the
petition or motion for termination of parental rights is
filed, the parent has been repeatedly incarcerated as a
result of criminal convictions, and the parent's repeated

incarceration has prevented the parent from discharging
his or her parental responsibilities for the child.
(t) A finding that at birth the child's blood, urine,
or meconium contained any amount of a controlled substance
as defined in subsection (f) of Section 102 of the
Illinois Controlled Substances Act, or a metabolite of a
controlled substance, with the exception of controlled
substances or metabolites of such substances, the presence
of which in the newborn infant was the result of medical
treatment administered to the mother or the newborn
infant, and that the biological mother of this child is
the biological mother of at least one other child who was
adjudicated a neglected minor under subsection (c) of
Section 2-3 of the Juvenile Court Act of 1987, after which
the biological mother had the opportunity to enroll in and
participate in a clinically appropriate substance abuse
counseling, treatment, and rehabilitation program.
E. "Parent" means a person who is the legal mother or legal
father of the child as defined in subsection X or Y of this
Section. For the purpose of this Act, a parent who has executed
a consent to adoption, a surrender, or a waiver pursuant to
Section 10 of this Act, who has signed a Denial of Paternity
pursuant to Section 12 of the Vital Records Act or Section 12a
of this Act, or whose parental rights have been terminated by a
court, is not a parent of the child who was the subject of the
consent, surrender, waiver, or denial unless (1) the consent

is void pursuant to subsection O of Section 10 of this Act; or
(2) the person executed a consent to adoption by a specified
person or persons pursuant to subsection A-1 of Section 10 of
this Act and a court of competent jurisdiction finds that the
consent is void; or (3) the order terminating the parental
rights of the person is vacated by a court of competent
jurisdiction.
F. A person is available for adoption when the person is:
(a) a child who has been surrendered for adoption to
an agency and to whose adoption the agency has thereafter
consented;
(b) a child to whose adoption a person authorized by
law, other than his parents, has consented, or to whose
adoption no consent is required pursuant to Section 8 of
this Act;
(c) a child who is in the custody of persons who intend
to adopt him through placement made by his parents;
(c-1) a child for whom a parent has signed a specific
consent pursuant to subsection O of Section 10;
(d) an adult who meets the conditions set forth in
Section 3 of this Act; or
(e) a child who has been relinquished as defined in
Section 10 of the Abandoned Newborn Infant Protection Act.
A person who would otherwise be available for adoption
shall not be deemed unavailable for adoption solely by reason
of his or her death.

G. The singular includes the plural and the plural
includes the singular and the "male" includes the "female", as
the context of this Act may require.
H. (Blank).
I. "Habitual residence" has the meaning ascribed to it in
the federal Intercountry Adoption Act of 2000 and regulations
promulgated thereunder.
J. "Immediate relatives" means the biological parents, the
parents of the biological parents and siblings of the
biological parents.
K. "Intercountry adoption" is a process by which a child
from a country other than the United States is adopted by
persons who are habitual residents of the United States, or
the child is a habitual resident of the United States who is
adopted by persons who are habitual residents of a country
other than the United States.
L. (Blank).
M. "Interstate Compact on the Placement of Children" is a
law enacted by all states and certain territories for the
purpose of establishing uniform procedures for handling the
interstate placement of children in foster homes, adoptive
homes, or other child care facilities.
N. (Blank).
O. "Preadoption requirements" means any conditions or
standards established by the laws or administrative rules of
this State that must be met by a prospective adoptive parent

prior to the placement of a child in an adoptive home.
P. "Abused child" means a child whose parent or immediate
family member, or any person responsible for the child's
welfare, or any individual residing in the same home as the
child, or a paramour of the child's parent:
(a) inflicts, causes to be inflicted, or allows to be
inflicted upon the child physical injury, by other than
accidental means, that causes death, disfigurement,
impairment of physical or emotional health, or loss or
impairment of any bodily function;
(b) creates a substantial risk of physical injury to
the child by other than accidental means which would be
likely to cause death, disfigurement, impairment of
physical or emotional health, or loss or impairment of any
bodily function;
(c) commits or allows to be committed any sex offense
against the child, as sex offenses are defined in the
Criminal Code of 2012 and extending those definitions of
sex offenses to include children under 18 years of age;
(d) commits or allows to be committed an act or acts of
torture upon the child; or
(e) inflicts excessive corporal punishment.
Q. "Neglected child" means any child whose parent or other
person responsible for the child's welfare withholds or denies
nourishment or medically indicated treatment including food or
care denied solely on the basis of the present or anticipated

mental or physical impairment as determined by a physician
acting alone or in consultation with other physicians or
otherwise does not provide the proper or necessary support,
education as required by law, or medical or other remedial
care recognized under State law as necessary for a child's
well-being, or other care necessary for his or her well-being,
including adequate food, clothing and shelter; or who is
abandoned by his or her parents or other person responsible
for the child's welfare.
A child shall not be considered neglected or abused for
the sole reason that the child's parent or other person
responsible for his or her welfare depends upon spiritual
means through prayer alone for the treatment or cure of
disease or remedial care as provided under Section 4 of the
Abused and Neglected Child Reporting Act. A child shall not be
considered neglected or abused for the sole reason that the
child's parent or other person responsible for the child's
welfare failed to vaccinate, delayed vaccination, or refused
vaccination for the child due to a waiver on religious or
medical grounds as permitted by law.
R. "Putative father" means a man who may be a child's
father, but who (1) is not married to the child's mother on or
before the date that the child was or is to be born and (2) has
not established paternity of the child in a court proceeding
before the filing of a petition for the adoption of the child.
The term includes a male who is less than 18 years of age.

"Putative father" does not mean a man who is the child's father
as a result of criminal sexual abuse or assault as defined
under Article 11 of the Criminal Code of 2012.
S. "Standby adoption" means an adoption in which a parent
consents to custody and termination of parental rights to
become effective upon the occurrence of a future event, which
is either the death of the parent or the request of the parent
for the entry of a final judgment of adoption.
T. (Blank).
T-5. "Biological parent", "birth parent", or "natural
parent" of a child are interchangeable terms that mean a
person who is biologically or genetically related to that
child as a parent.
U. "Interstate adoption" means the placement of a minor
child with a prospective adoptive parent for the purpose of
pursuing an adoption for that child that is subject to the
provisions of the Interstate Compact on the Placement of
Children.
V. (Blank).
W. (Blank).
X. "Legal father" of a child means a man who is recognized
as or presumed to be that child's father:
(1) because of his marriage to or civil union with the
child's parent at the time of the child's birth or within
300 days prior to that child's birth, unless he signed a
denial of paternity pursuant to Section 12 of the Vital

Records Act or a waiver pursuant to Section 10 of this Act;
or
(2) because his paternity of the child has been
established pursuant to the Illinois Parentage Act, the
Illinois Parentage Act of 1984, or the Gestational
Surrogacy Act; or
(3) because he is listed as the child's father or
parent on the child's birth certificate, unless he is
otherwise determined by an administrative or judicial
proceeding not to be the parent of the child or unless he
rescinds his acknowledgment of paternity pursuant to the
Illinois Parentage Act of 1984; or
(4) because his paternity or adoption of the child has
been established by a court of competent jurisdiction.
The definition in this subsection X shall not be construed
to provide greater or lesser rights as to the number of parents
who can be named on a final judgment order of adoption or
Illinois birth certificate that otherwise exist under Illinois
law.
Y. "Legal mother" of a child means a woman who is
recognized as or presumed to be that child's mother:
(1) because she gave birth to the child except as
provided in the Gestational Surrogacy Act; or
(2) because her maternity of the child has been
established pursuant to the Illinois Parentage Act of 1984
or the Gestational Surrogacy Act; or

(3) because her maternity or adoption of the child has
been established by a court of competent jurisdiction; or
(4) because of her marriage to or civil union with the
child's other parent at the time of the child's birth or
within 300 days prior to the time of birth; or
(5) because she is listed as the child's mother or
parent on the child's birth certificate unless she is
otherwise determined by an administrative or judicial
proceeding not to be the parent of the child.
The definition in this subsection Y shall not be construed
to provide greater or lesser rights as to the number of parents
who can be named on a final judgment order of adoption or
Illinois birth certificate that otherwise exist under Illinois
law.
Z. "Department" means the Illinois Department of Children
and Family Services.
AA. "Placement disruption" means a circumstance where the
child is removed from an adoptive placement before the
adoption is finalized.
BB. "Secondary placement" means a placement, including but
not limited to the placement of a youth in care as defined in
Section 4d of the Children and Family Services Act, that
occurs after a placement disruption or an adoption
dissolution. "Secondary placement" does not mean secondary
placements arising due to the death of the adoptive parent of
the child.

CC. "Adoption dissolution" means a circumstance where the
child is removed from an adoptive placement after the adoption
is finalized.
DD. "Unregulated placement" means the secondary placement
of a child that occurs without the oversight of the courts, the
Department, or a licensed child welfare agency.
EE. "Post-placement and post-adoption support services"
means support services for placed or adopted children and
families that include, but are not limited to, mental health
treatment, including counseling and other support services for
emotional, behavioral, or developmental needs, and treatment
for substance abuse.
FF. "Youth in care" has the meaning provided in Section 4d
of the Children and Family Services Act.
(Source: P.A. 100-159, eff. 8-18-17; 101-155, eff. 1-1-20;
101-529, eff. 1-1-20; revised 9-17-19.)
(750 ILCS 50/2) (from Ch. 40, par. 1502)
Sec. 2. Who may adopt a child.
A. Any of the following persons, who is under no legal
disability (except the minority specified in sub-paragraph
(b)) and who has resided in the State of Illinois continuously
for a period of at least 6 months immediately preceding the
commencement of an adoption proceeding, or any member of the
armed forces of the United States who has been domiciled in the
State of Illinois for 90 days, may institute such proceeding:

(a) A reputable person of legal age and of either sex,
provided that if such person is married or in a civil union
and has not been living separate and apart from his or her
spouse or civil union partner for 12 months or longer, his
or her spouse or civil union partner shall be a party to
the adoption proceeding, including a spouse or civil union
partner desiring to adopt a child of the other spouse or
civil union partner, in all of which cases the adoption
shall be by both spouses or civil union partners jointly;
(b) A minor, by leave of court upon good cause shown.
(c) Notwithstanding sub-paragraph (a) of this
subsection, a spouse or civil union partner is not
required to join in a petition for adoption for the
adoption of an adult if a petitioner is a former
stepparent of that adult, or to re-adopt a child after an
intercountry adoption if the spouse or civil union partner
did not previously adopt the child as set forth in
subsections (c) and (e) of Section 4.1 of this Act. For
purposes of this Section, "former stepparent" means a
person who was married to, or in a civil union with, the
legal parent of the adult seeking to be adopted, and the
marriage or civil union has ended.
B. The residence requirement specified in paragraph A of
this Section shall not apply to:
(a) an adoption of a related child; or
(a-1) an adoption of a child previously adopted in a

foreign country by the petitioner; or
(b) an adoption of a child placed by an
Illinois-licensed child welfare an agency performing
adoption services; .
(c) an adoption of an adult by a former stepparent; or
(d) an adoption of a child born in this State who has
resided continuously in this State since birth, or a child
who has continuously resided in this State for at least 6
months immediately preceding the commencement of the
adoption proceeding, if:
(1) an Illinois-licensed child welfare agency
performing adoption services has acknowledged a
consent or surrender of one or both of the biological
or legal parents of the child under this Act and the
Child Care Act of 1969; or
(2) an authorized person under Section 10 has
acknowledged a consent of one or both of the
biological or legal parents of the child and an
Illinois-licensed child welfare agency performing
adoption services has counseled the biological or
legal parent or parents of the child as to the birth
parent rights and responsibilities under the Child
Care Act of 1969 and the rules adopted thereunder.
C. Nothing in this Section overrides the requirements
contained in Public Act 94-586.
(Source: P.A. 98-804, eff. 1-1-15; 99-49, eff. 7-15-15.)

(750 ILCS 50/11) (from Ch. 40, par. 1513)
Sec. 11. Consents, surrenders, waivers, irrevocability.
(a) A consent to adoption or standby adoption by a parent,
including a minor, executed and acknowledged in accordance
with the provisions of Section 10 of this Act, or a surrender
of a child by a parent, including a minor, to an agency for the
purpose of adoption shall be irrevocable unless it shall have
been obtained by fraud or duress on the part of the person
before whom such consent, surrender, or other document
equivalent to a surrender is acknowledged pursuant to the
provisions of Section 10 of this Act or on the part of the
adopting parents or their agents and a court of competent
jurisdiction shall so find. No action to void or revoke a
consent to or surrender for adoption, including an action
based on fraud or duress, may be commenced after 12 months from
the date the consent or surrender was executed. The consent or
surrender of a parent who is a minor shall not be voidable
because of such minority.
(a-1) A waiver signed by a putative or legal father,
including a minor, executed and acknowledged in accordance
with Section 10 of this Act, shall be irrevocable unless it
shall have been obtained by fraud or duress on the part of the
adopting parents or their agents and a court of competent
jurisdiction shall so find. No action to void a waiver may be
commenced after 12 months from the date the waiver was

executed. The waiver of a putative or legal father who is a
minor shall not be voidable because of such minority.
(b) The petitioners in an adoption proceeding are entitled
to rely upon a sworn statement of the biological mother of the
child to be adopted identifying the father of her child. The
affidavit shall be conclusive evidence as to the biological
mother regarding the facts stated therein, and shall create a
rebuttable presumption of truth as to the biological father
only. Except as provided in Section 11 of this Act, the
biological mother of the child shall be permanently barred
from attacking the proceeding thereafter. The biological
mother, including a biological mother who is a petitioner,
shall execute such affidavit in writing and under oath. The
affidavit shall be executed by the biological mother before or
at the time of execution of the consent or surrender, and shall
be retained by the court and be a part of the Court's files.
The form of affidavit shall be substantially as follows:
AFFIDAVIT OF IDENTIFICATION
I, ................., the mother of a (male or female)
child, state under oath or affirm as follows:
(1) That the child was born, or is expected to be born, on
(insert date), at ......................., in the State of
...................
(2) That I reside at .................., in the City or
Village of ..........., State of ...................
(3) That I am of the age of ....... years.

(4) That I acknowledge that I have been asked to identify
the father of my child.
(5) (CHECK ONE)
.... I know and am identifying the biological father.
.... I do not know the identity of the biological father.
.... I am unwilling to identify the biological father.
(6A) If I know and am identifying the father:
That the name of the biological father is
....................; his last known home address is
............; his last known work address is
....................; and he is ..... years of age; or he is
deceased, having died on (insert date) at .............., in
the State of ..................
(6B) If I do not know the identity of the biological
father:
I do not know who the biological father is; the following
is an explanation of why I am unable to identify him:
.............................................................
.............................................................
..............................................................
(6C) If I am unwilling to identify the biological father:
I do not wish to name the biological father of the child
for the following reasons:
.............................................................
.............................................................
.............................................................

(7) (CHECK ONE)
.... I am married to the biological father.
.... I am not and have not been married to the biological
father within 300 days of the child's birth.
.... The child has another legal parent who is not the
biological parent (please explain):
.
..............................
..............................
(8) Regarding whether a court order has been entered by
any court finding any person to be the biological father or
legal parent of the child: (CHECK ONE)
.... No, a court order has not been entered.
.... Yes, a court order has been entered and it is Case No.
..... in the Circuit Court located in ............... County
(if the case number and county is known).
.... I do not know whether there are any court or other
proceedings related to a finding of any person to be the
biological father or legal parent of the child.
(9) (7) The physical description of the biological father
is: .........................................................
.............................................................
.............................................................
(10) (8) I reaffirm that the information contained in this
Affidavit paragraphs 5, 6, and 7, inclusive, is true and
correct.

(11) (9) I have been informed and understand that if I am
unwilling, refuse to identify, or misidentify the biological
father of the child, absent fraud or duress, I am permanently
barred from attacking the proceedings for the adoption of the
child at any time after I sign a final and irrevocable consent
to adoption or surrender for purposes of adoption.
(12) (10) I have read this Affidavit and have had the
opportunity to review and question it; it was explained to me
by ............................; and I am signing it as my
free and voluntary act and understand the contents and the
results of signing it.
Dated (insert date).
...................................
Signature
Under penalties as provided by law under Section 1-109 of
the Code of Civil Procedure, the undersigned certifies that
the statements set forth in this Affidavit are true and
correct.
...................................
Signature
(Source: P.A. 97-493, eff. 8-22-11.)
(750 ILCS 50/13) (from Ch. 40, par. 1516)
Sec. 13. Interim order. As soon as practicable after the
filing of a petition for adoption the court shall hold a
hearing for the following purposes:

A. In other than an adoption of a related child or an
adoption through an agency, or of an adult:
(a) To determine the validity of the consent, provided
that the execution of a consent pursuant to this Act shall
be prima facie evidence of its validity, and provided that
the validity of a consent shall not be affected by the
omission therefrom of the names of the petitioners or
adopting parents at the time the consent is executed or
acknowledged, and further provided that the execution of a
consent prior to the filing of a petition for adoption
shall not affect its validity.
(b) To determine whether there is available suitable
temporary custodial care for a child sought to be adopted.
B. In all cases except standby adoptions and re-adoptions:
(a) The court shall appoint some licensed attorney
other than the State's attorney acting in his or her
official capacity as guardian ad litem to represent a
child sought to be adopted. Such guardian ad litem shall
have power to consent to the adoption of the child, if such
consent is required. In the case of a related adoption
where the child sought to be adopted is not a youth in
care, the court shall have the discretion to waive the
appointment of a guardian ad litem.
(b) The court shall appoint a guardian ad litem for
all named minors or defendants who are persons under legal
disability, if any. In the case of a related adoption

where the child sought to be adopted is not a youth in
care, the court shall have the discretion to waive the
appointment of a guardian ad litem.
(c) If the petition alleges a person to be unfit
pursuant to the provisions of subparagraph (p) of
paragraph D of Section 1 of this Act, such person shall be
represented by counsel. If such person is indigent or an
appearance has not been entered on his behalf at the time
the matter is set for hearing, the court shall appoint as
counsel for him either the Guardianship and Advocacy
Commission, the public defender, or, only if no attorney
from the Guardianship and Advocacy Commission or the
public defender is available, an attorney licensed to
practice law in this State.
(d) If it is proved to the satisfaction of the court,
after such investigation as the court deems necessary,
that termination of parental rights and temporary
commitment of the child to an agency or to a person deemed
competent by the court, including petitioners, will be for
the welfare of the child, the court may order the child to
be so committed and may terminate the parental rights of
the parents and declare the child a ward of the court or,
if it is not so proved, the court may enter such other
order as it shall deem necessary and advisable.
(e) Before an interim custody order is granted under
this Section, service of summons shall be had upon the

parent or parents whose rights have not been terminated,
except as provided in subsection (f). Reasonable notice
and opportunity to be heard shall be given to the parent or
parents after service of summons when the address of the
parent or parents is available. The party seeking an
interim custody order shall make all reasonable efforts to
locate the parent or parents of the child or children they
are seeking to adopt and to notify the parent or parents of
the party's request for an interim custody order pursuant
to this Section.
(f) An interim custody order may be granted without
notice upon presentation to the court of a written
petition, accompanied by an affidavit, stating that there
is an immediate danger to the child and that irreparable
harm will result to the child if notice is given to the
parent or parents or legal guardian. Upon making a finding
that there is an immediate danger to the child if service
of process is had upon and notice of hearing is given to
the parent or parents or legal guardian prior to the entry
of an order granting temporary custody to someone other
than a parent or legal guardian, the court may enter an
order of temporary custody which shall expire not more
than 10 days after its entry. Every ex parte custody order
granted without notice shall state the injury which the
court sought to avoid by granting the order, the
irreparable injury that would have occurred had notice

been given, and the reason the order was granted without
notice. The matter shall be set down for full hearing
before the expiration of the ex parte order and will be
heard after service of summons is had upon and notice of
hearing is given to the parent or parents or legal
guardian. At the hearing the burden of proof shall be upon
the party seeking to extend the interim custody order to
show that the order was properly granted without notice
and that custody should remain with the party seeking to
adopt during the pendency of the adoption proceeding. If
the interim custody order is extended, the reasons for
granting the extension shall be stated in the order.
C. In the case of a child born outside the United States or
a territory thereof, if the petitioners have previously been
appointed guardians of such child by a court of competent
jurisdiction in a country other than the United States or a
territory thereof, the court may order that the petitioners
continue as guardians of such child.
D. In standby adoption cases:
(a) The court shall appoint a licensed attorney other
than the State's Attorney acting in his or her official
capacity as guardian ad litem to represent a child sought
to be adopted. The guardian ad litem shall have power to
consent to the adoption of the child, if consent is
required.
(b) The court shall appoint a guardian ad litem for

all named minors or defendants who are persons under legal
disability, if any. In the case of a related adoption
where the child sought to be adopted is not a youth in
care, the court shall have the discretion to waive the
appointment of a guardian ad litem.
(c) The court lacks jurisdiction to proceed on the
petition for standby adoption if the child has a living
parent, adoptive parent, or adjudicated parent whose
rights have not been terminated and whose whereabouts are
known, unless the parent consents to the standby adoption
or, after receiving notice of the hearing on the standby
adoption petition, fails to object to the appointment of a
standby adoptive parent at the hearing on the petition.
(d) The court shall investigate as needed for the
welfare of the child and shall determine whether the
petitioner or petitioners shall be permitted to adopt.
(Source: P.A. 99-49, eff. 7-15-15.)
(750 ILCS 50/14) (from Ch. 40, par. 1517)
Sec. 14. Judgment.
(a) Prior to the entry of the judgment for order of
adoption in any case other than an adoption of a related child
or of an adult, each petitioner and each person, agency,
association, corporation, institution, society or organization
involved in the adoption of the child, except a child welfare
agency, shall execute an affidavit setting forth the hospital

and medical costs, legal fees, counseling fees, and any other
fees or expenditures paid in accordance with the Adoption
Compensation Prohibition Act or Section 12C-70 of the Criminal
Code of 2012.
(b) Before the entry of the judgment for adoption, each
child welfare agency involved in the adoption of the child
shall file an affidavit concerning the costs, expenses,
contributions, fees, compensation, or other things of value
which have been given, promised, or received including but not
limited to hospital and medical costs, legal fees, social
services, living expenses, or any other expenses related to
the adoption paid in accordance with the Adoption Compensation
Prohibition Act or Section 12C-70 of the Criminal Code of
2012.
If the total amount paid by the child welfare agency is
$4,500 or more, the affidavit shall contain an itemization of
expenditures.
If the total amount paid by the child welfare agency is
less than $4,500, the agency may file an unitemized affidavit
stating that the total amount paid is less than $4,500 unless
the court, in its discretion, requires that agency to file an
itemized affidavit.
(c) No affidavit need be filed in the case of an adoption
of a related child or an adult, nor shall an affidavit be
required to be filed by a non-consenting parent, or by any
judge, or clerk, involved in an official capacity in the

adoption proceedings.
(d) All affidavits filed in accordance with this Section
shall be under penalty of perjury and shall include, but are
not limited to, hospital and medical costs, legal fees, social
services, living expenses or any other expenses related to the
adoption or to the placement of the child, whether or not the
payments are permitted by applicable laws.
(e) Except as provided in subsections (f), (f-1), (f-2),
and (f-5), upon Upon the expiration of 6 months after the date
of any interim order vesting temporary care, custody and
control of a child, other than a related child, in the
petitioners, entered pursuant to this Act, the petitioners may
apply to the court for a judgment of adoption. Notice of such
application shall be served by the petitioners upon the
investigating agency or the person making such investigation,
and the guardian ad litem. After the hearing on such
application, at which the petitioners and the child shall
appear in person, unless their presence is waived by the court
for good cause shown, the court may enter a judgment for
adoption, provided the court is satisfied from the report of
the investigating agency or the person making the
investigation, and from the evidence, if any, introduced, that
the adoption is for the welfare of the child and that there is
a valid consent, or that no consent is required as provided in
Section 8 of this Act.
(f) A judgment for adoption of a related child, an adult,

or a child as to whose adoption an agency or person authorized
by law has the right of authority to consent may be entered at
any time after service of process and after the return day
designated therein.
(f-1) A judgment for adoption of an adult may be entered at
any time after the adult has consented to the adoption.
(f-2) A judgment for adoption of a child as to whose
adoption an Illinois-licensed child welfare agency, or person
authorized by law, has the right of authority to consent may be
entered at any time after placement and completion of
investigation as required by this Act.
(f-5) A standby adoption judgment may be entered upon
notice of the death of the consenting parent or upon the
consenting parent's request that a final judgment for adoption
be entered. The notice must be provided to the court within 60
days after the standby adoptive parent's receipt of knowledge
of death of the consenting parent or the consenting parent's
request that a final judgment for adoption be entered. If the
court finds that adoption is for the welfare of the child and
that there is a valid consent, including consent for standby
adoption, which is still in effect, or that no consent is
required under Section 8 of the Act, a judgment for adoption
shall be entered unless the court finds by clear and
convincing evidence that it is no longer in the best interest
of the child for the adoption to be finalized.
(g) No special findings of fact or certificate of evidence

shall be necessary in any case to support the judgment.
(h) Only the circuit court that entered the judgment of
the adoption may order the issuance of any contents of the
court file or that the original birth record of the adoptee be
provided to any persons.
(Source: P.A. 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)