(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 or marriage: parent, grand‑parent, brother, sister, step‑parent,
step‑grandparent, step‑brother, step‑sister, uncle, aunt, great‑uncle,
great‑aunt, or cousin of first degree. A child whose parent has executed
a final irrevocable consent to adoption or a final irrevocable surrender
for purposes of adoption, or whose parent has had his or her parental rights
terminated, is not a related child to that person, unless the consent is
determined to be void or is void pursuant to subsection O of Section 10.
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
|
|
|
(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 5 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 or 2 of subsection (a) of Section 9‑1 of the Criminal Code of 1961 or conviction of second degree murder in violation of subsection (a) of Section 9‑2 of the Criminal Code of 1961 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; (3) attempt or conspiracy to commit first degree murder or second degree murder of any child in violation of the Criminal Code of 1961; (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; (5) predatory criminal sexual assault of a child in violation of Section 12‑14.1 of the Criminal Code of 1961; (6) heinous battery of any child in violation of the Criminal Code of 1961; or (7) aggravated battery of any child in violation of the Criminal Code of 1961.
|
|
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 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, or (ii) to make reasonable progress toward the return of the child to the parent within 9 months after an 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 (iii) to make reasonable progress toward the return of the child to the parent during any 9‑month period after the end of the initial 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 (I) 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 within 9 months after the adjudication under Section 2‑3 or 2‑4 of the Juvenile Court Act of 1987 and (II) 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 after the end of the initial 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 (iii) 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) Pursuant to the Juvenile Court Act of 1987, a
|
|
child has been in foster care for 15 months out of any 22 month period which begins on or after the effective date of this amendatory Act of 1998 unless the child's parent can prove by a preponderance of the evidence that it is more likely than not that it will be in the best interests of the child to be returned to the parent within 6 months of the date on which a petition for termination of parental rights is filed under the Juvenile Court Act of 1987. The 15 month time limit is tolled during any period for which there is a court finding that the appointed custodian or guardian failed to make reasonable efforts to reunify the child with his or her family, provided that (i) the finding of no reasonable efforts is made within 60 days of the period when reasonable efforts were not made or (ii) the parent filed a motion requesting a finding of no reasonable efforts within 60 days of the period when reasonable efforts were not made. For purposes of this subdivision (m‑1), the date of entering foster care is the earlier of: (i) the date of a judicial finding at an adjudicatory hearing that the child is an abused, neglected, or dependent minor; or (ii) 60 days after the date on which the child is removed from his or her parent, guardian, or legal custodian.
|
|
(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 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 mental retardation 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 the father or mother of a lawful child of the parties or child born out of wedlock. For the purpose of this Act, a person who has executed a final and
irrevocable consent to adoption or a final and irrevocable surrender for
purposes of adoption, or whose parental rights have been terminated by a
court, is not a parent of the child who was the subject of the consent or
surrender, unless the consent is void pursuant to subsection O of Section 10.
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. "Adoption disruption" occurs when an adoptive placement does not
prove successful and it becomes necessary for the child to be removed from
placement before the adoption is finalized.
I. "Foreign placing agency" is an agency or individual operating in a
country or territory outside the United States that is authorized by its
country to place children for adoption either directly with families in the
United States or through United States based international agencies.
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.
L. "Intercountry Adoption Coordinator" is a staff person of the
Department of Children and Family Services appointed by the Director to
coordinate the provision of services by the public and private sector to
prospective parents of foreign‑born children.
M. "Interstate Compact on the Placement of Children" is a law enacted by
most states 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. "Non‑Compact state" means a state that has not enacted the
Interstate Compact on the Placement of Children.
O. "Preadoption requirements" are any conditions established by the laws
or regulations of the Federal Government or of each state that must be met
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 1961 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 12 of the Criminal Code of 1961.
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).
(Source: P.A. 93‑732, eff. 1‑1‑05; 94‑229, eff. 1‑1‑06; 94‑563, eff. 1‑1‑06; 94‑939, eff. 1‑1‑07.)
|
(750 ILCS 50/4.1) (from Ch. 40, par. 1506)
Sec. 4.1. Except for children placed with relatives by the Department of
Children and Family Services pursuant to subsection (b) of Section 7 of the
Children and Family Services Act, placements under this Act shall comply with
the Child Care Act of 1969 and the Interstate Compact on the Placement of
Children. Placements of children born outside the United States or a territory
thereof shall comply with rules promulgated by the United States Department of
Immigration and Naturalization.
Rules promulgated by the Department of Children and Family Services shall
include but not be limited to the following:
(a) Any agency providing adoption services as defined in Section 2.24 of the Child Care Act of 1969 in this State:
(i) Shall be licensed in this State as a child
|
welfare agency as defined in Section 2.08 of the Child Care Act of 1969; or
|
|
(ii) Shall be licensed as a child placement agency
|
|
in a state which is a party to the Interstate Compact on the Placement of Children and shall be approved by the Department to place children into Illinois in accordance with subsection (a‑5) of this Section; or
|
|
(iii) Shall be licensed as a child placement agency
|
|
in a country other than the United States or, if located in such a country but not so licensed, shall provide information such as a license or court document which authorizes that agency to place children for adoption and to establish that such agency has legal authority to place children for adoption; or
|
|
(iv) Shall be a child placement agency which is so
|
|
licensed in a non‑compact state and shall be approved by the Department to place children into Illinois in accordance with subsection (a‑5) of this Section, if such agency first files with the Department of Children and Family Services a bond with surety in the amount of $5,000 for each such child to ensure that such child shall not become a public charge upon this State. Such bond shall remain in effect until a judgment for adoption is entered with respect to such child pursuant to this Act. The Department of Children and Family Services may accept, in lieu of such bond, a written agreement with such agency which provides that such agency shall be liable for all costs associated with the placement of such child in the event a judgment of adoption is not entered, upon such terms and conditions as the Department deems appropriate.
|
|
The rules shall also provide that any agency that places children for
adoption in this State may not, in any policy or practice relating to the
placement of children for adoption, discriminate against any child or
prospective adoptive parent on the basis of race.
(a‑5) Out‑of‑state private placing agencies that seek to place children into Illinois for the purpose of foster care or adoption shall provide all of the following to the Department:
(i) A copy of the agency's current license or other
|
|
form of authorization from the approving authority in the agency's state. If no such license or authorization is issued, the agency must provide a reference statement from the approving authority stating the agency is authorized to place children in foster care or adoption or both in its jurisdiction.
|
|
(ii) A description of the program, including home
|
|
studies, placements, and supervisions that the child placing agency conducts within its geographical area, and, if applicable, adoptive placements and the finalization of adoptions. The child placing agency must accept continued responsibility for placement planning and replacement if the placement fails.
|
|
(iii) Notification to the Department of any
|
|
significant child placing agency changes after approval.
|
|
(iv) Any other information the Department may
|
|
|
If the adoption is finalized prior to bringing or sending the child to Illinois, Department approval of the out‑of‑state child placing agency involved is not required under this Section, nor is compliance with the Interstate Compact on the Placement of Children.
(b) As an alternative to requiring the bond provided for in paragraph
(a)(iv) of this Section, the Department of Children and Family Services may
require the filing of such a bond by the individual or individuals seeking
to adopt such a child through placement of such child by a child placement
agency located in a state which is not a party to the Interstate Compact on
the Placement of Children.
(c) In the case of any foreign‑born child brought to the United States
for adoption in this State, the following preadoption requirements shall be
met:
(1) Documentation that the child is legally free for
|
|
adoption prior to entry into the United States shall be submitted.
|
|
(2) A medical report on the child, by authorized
|
|
medical personnel in the country of the child's origin, shall be provided when such personnel are available.
|
|
(3) Verification that the adoptive family has been
|
|
licensed as a foster family home pursuant to the Child Care Act of 1969, as now or hereafter amended, shall be provided.
|
|
(4) A valid home study conducted by a licensed child
|
|
welfare agency that complies with guidelines established by the United States Immigration and Naturalization Service at 8 CFR 204.4(d)(2)(i), as now or hereafter amended, shall be submitted. A home study is considered valid if it contains:
|
|
(i) A factual evaluation of the financial,
|
|
physical, mental and moral capabilities of the prospective parent or parents to rear and educate the child properly.
|
|
(ii) A detailed description of the living
|
|
accommodations where the prospective parent or parents currently reside.
|
|
(iii) A detailed description of the living
|
|
accommodations in the United States where the child will reside, if known.
|
|
(iv) A statement or attachment recommending the
|
|
proposed adoption signed by an official of the child welfare agency which has conducted the home study.
|
|
(5) The placing agency located in a non‑compact
|
|
state or a family desiring to adopt through an authorized placement party in a non‑compact state or a foreign country shall file with the Department of Children and Family Services a bond with surety in the amount of $5,000 as protection that a foreign‑born child accepted for care or supervision not become a public charge upon the State of Illinois.
|
|
(6) In lieu of the $5,000 bond, the placement agency
|
|
may sign a binding agreement with the Department of Children and Family Services to assume full liability for all placements should, for any reason, the adoption be disrupted or not be completed, including financial and planning responsibility until the child is either returned to the country of its origin or placed with a new adoptive family in the United States and that adoption is finalized.
|
|
(7) Compliance with the requirements of the
|
|
Interstate Compact on the Placement of Children, when applicable, shall be demonstrated.
|
|
(8) When a child is adopted in a foreign country and
|
|
a final, complete and valid Order of Adoption is issued in that country, as determined by both the United States Department of State and the United States Department of Justice, this State shall not impose any additional preadoption requirements. The adoptive family, however, must comply with applicable requirements of the United States Department of Immigration and Naturalization as provided in 8 CFR 204.4 (d)(2)(ii), as now or hereafter amended.
|
|
(d) The Department of Children and Family Services shall maintain the
office of Intercountry Adoption Coordinator, shall maintain and protect the
rights of families and children participating in adoption of foreign born
children, and shall develop ongoing programs of support and services to such
families and children. The Intercountry Adoption Coordinator shall determine
that all preadoption requirements have been met and report such information to
the Department of Immigration and Naturalization.
(Source: P.A. 94‑586, eff. 8‑15‑05.)
|
(750 ILCS 50/5) (from Ch. 40, par. 1507)
Sec. 5.
Petition, contents, verification, filing.
A. A proceeding to adopt a child, other than a related child, shall be
commenced by the filing of a petition within 30 days after such child has
become available for adoption, provided that such petition may be filed at
a later date by leave of court upon a showing that the failure to file such
petition within such 30 day period was not due to the petitioners' culpable
negligence or their wilful disregard of the provisions of this Section.
In the case of a child born outside the United States or a territory
thereof, if the prospective adoptive parents of such child have been
appointed guardians of such child by a court of competent jurisdiction in a
country other than the United States or a territory thereof, such parents
shall file a petition as provided in this Section within 30 days after
entry of the child into the United States. A petition to adopt an adult or a
related child may be filed at any time. A petition for adoption may include
more than one person sought to be adopted.
B. A petition to adopt a child other than a related child shall state:
(a) The full names of the petitioners and, if |
|
minors, their respective ages;
|
|
(b) The place of residence of the petitioners and
|
|
the length of residence of each in the State of Illinois immediately preceding the filing of the petition;
|
|
(c) When the petitioners acquired, or intend to
|
|
acquire, custody of the child, and the name and address of the persons or agency from whom the child was or will be received;
|
|
(d) The name, the place and date of birth if known,
|
|
and the sex of the child sought to be adopted;
|
|
(e) The relationship, if any, of the child to each
|
|
|
(f) The names, if known, and the place of residence,
|
|
if known, of the parents; and whether such parents are minors, or otherwise under any legal disability. The names and addresses of the parents shall be omitted and they shall not be made parties defendant to the petition if (1) the rights of the parents have been terminated by a court of competent jurisdiction, or (2) if the child has been surrendered to an agency, or (3) if the parent or parents have been served with the notice provided in Section 12a of this Act and said parent or parents have filed a disclaimer of paternity as therein provided or have failed to file such declaration of paternity or a request for notice as provided in said Section;
|
|
(g) If it is alleged that the child has no living
|
|
parent, then the name of the guardian, if any, of such child and the court which appointed such guardian;
|
|
(h) If it is alleged that the child has no living
|
|
parent and that no guardian of such child is known to petitioners, then the name of a near relative, if known, shall be set forth, or an allegation that no near relative is known and on due inquiry cannot be ascertained by petitioners;
|
|
(i) The name to be given the child or adult;
(j) That the person or agency, having authority to
|
|
consent under Section 8 of this Act, has consented, or has indicated willingness to consent, to the adoption of the child by the petitioners, or that the person having authority to consent is an unfit person and the ground therefor, or that no consent is required under paragraph (f) of Section 8 of this Act;
|
|
(k) Whatever orders, judgments or decrees have
|
|
heretofore been entered by any court affecting (1) adoption or custody of the child, or (2) the adoptive, custodial or parental rights of either petitioner, including the prior denial of any petition for adoption pertaining to such child, or to the petitioners, or either of them.
|
|
C. A petition to adopt a related child shall include the information
specified in sub‑paragraphs (a), (b), (d), (e), (f), (i) and (k) of
paragraph B and a petition to adopt an adult shall contain the information
required by sub‑paragraphs (a), (b) and (i) of paragraph B in addition to
the name, place, date of birth and sex of such adult.
D. The petition shall be verified by the petitioners.
E. Upon the filing of the petition the petitioners shall furnish the
Clerk of the Court in which the petition is pending such information not
contained in such petition as shall be necessary to enable the Clerk of
such Court to complete a certificate of adoption as hereinafter provided.
F. A petition for standby adoption shall conform to the requirements of
this Act with respect to petition contents, verification, and filing. The
petition for standby adoption shall also state the facts concerning the consent
of the child's parent to the standby adoption. A petition for
standby adoption shall include the information in paragraph B if the petitioner
seeks to adopt a child other than a related child. A petition
for standby adoption shall include the information in paragraph C if the
petitioner seeks to adopt a related child or adult.
(Source: P.A. 91‑357, eff. 7‑29‑99; 91‑572, eff. 1‑1‑00.)
|
(750 ILCS 50/8) (from Ch. 40, par. 1510)
Sec. 8. Consents to adoption and surrenders for purposes of
adoption.
(a) Except as hereinafter provided in this
Section consents or surrenders shall be required in all cases, unless the
person whose
consent or surrender would otherwise be required shall be found by the
court:
(1) to be an unfit person as defined in Section 1 of
|
this Act, by clear and convincing evidence; or
|
|
(2) not to be the biological or adoptive father of
|
|
|
(3) to have waived his parental rights to the child
|
|
under Section 12a or 12.1 of this Act; or
|
|
(4) to be the parent of an adult sought to be
|
|
|
(5) to be the father of the child as a result of
|
|
criminal sexual abuse or assault as defined under Article 12 of the Criminal Code of 1961; or
|
|
(6) to be the father of a child who:
(i) is a family member of the mother of the
|
|
child, and the mother is under the age of 18 at the time of the child's conception; for purposes of this subsection, a "family member" is a parent, step‑parent, grandparent, step‑grandparent, sibling, or cousin of the first degree, whether by whole blood, half‑blood, or adoption, as well as a person age 18 or over at the time of the child's conception who has resided in the household with the mother continuously for at least one year; or
|
|
(ii) is at least 5 years older than the child's
|
|
mother, and the mother was under the age of 17 at the time of the child's conception, unless the mother and father voluntarily acknowledge the father's paternity of the child by marrying or by establishing the father's paternity by consent of the parties pursuant to the Illinois Parentage Act of 1984 or pursuant to a substantially similar statute in another state.
|
|
A criminal conviction of any offense pursuant to
|
|
Article 12 of the Criminal Code of 1961 is not required.
|
|
(b) Where consents are required in the case of an adoption
of a minor child, the consents of the following persons shall be
sufficient:
(1) (A) The mother of the minor child; and
(B) The father of the minor child, if the father:
(i) was married to the mother on the date of
|
|
birth of the child or within 300 days before the birth of the child, except for a husband or former husband who has been found by a court of competent jurisdiction not to be the biological father of the child; or
|
|
(ii) is the father of the child under a
|
|
judgment for adoption, an order of parentage, or an acknowledgment of parentage or paternity pursuant to subsection (a) of Section 5 of the Illinois Parentage Act of 1984; or
|
|
(iii) in the case of a child placed with the
|
|
adopting parents less than 6 months after birth, openly lived with the child, the child's biological mother, or both, and held himself out to be the child's biological father during the first 30 days following the birth of the child; or
|
|
(iv) in the case of a child placed with the
|
|
adopting parents less than 6 months after birth, made 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 before the expiration of 30 days following the birth of the child, provided that the court may consider in its determination all relevant circumstances, including the financial condition of both biological parents; or
|
|
(v) in the case of a child placed with the
|
|
adopting parents more than 6 months after birth, has maintained substantial and continuous or repeated contact with the child as manifested by: (I) the payment by the father toward the support of the child of a fair and reasonable sum, according to the father's means, and either (II) the father's visiting the child at least monthly when physically and financially able to do so and not prevented from doing so by the person or authorized agency having lawful custody of the child, or (III) the father's regular communication with the child or with the person or agency having the care or custody of the child, when physically and financially unable to visit the child or prevented from doing so by the person or authorized agency having lawful custody of the child. The subjective intent of the father, whether expressed or otherwise unsupported by evidence of acts specified in this sub‑paragraph as manifesting such intent, shall not preclude a determination that the father failed to maintain substantial and continuous or repeated contact with the child; or
|
|
(vi) in the case of a child placed with the
|
|
adopting parents more than six months after birth, openly lived with the child for a period of six months within the one year period immediately preceding the placement of the child for adoption and openly held himself out to be the father of the child; or
|
|
(vii) has timely registered with Putative
|
|
Father Registry, as provided in Section 12.1 of this Act, and prior to the expiration of 30 days from the date of such registration, commenced legal proceedings to establish paternity under the Illinois Parentage Act of 1984 or under the law of the jurisdiction of the child's birth; or
|
|
(2) The legal guardian of the person of the child,
|
|
if there is no surviving parent; or
|
|
(3) An agency, if the child has been surrendered for
|
|
adoption to such agency; or
|
|
(4) Any person or agency having legal custody of a
|
|
child by court order if the parental rights of the parents have been judicially terminated, and the court having jurisdiction of the guardianship of the child has authorized the consent to the adoption; or
|
|
(5) The execution and verification of the petition
|
|
by any petitioner who is also a parent of the child sought to be adopted shall be sufficient evidence of such parent's consent to the adoption.
|
|
(c) Where surrenders to an agency are required in the case of a placement
for adoption of a minor child by an agency, the surrenders of the following
persons shall be sufficient:
(1) (A) The mother of the minor child; and
(B) The father of the minor child, if the father:
(i) was married to the mother on the date of
|
|
birth of the child or within 300 days before the birth of the child, except for a husband or former husband who has been found by a court of competent jurisdiction not to be the biological father of the child; or
|
|
(ii) is the father of the child under a
|
|
judgment for adoption, an order of parentage, or an acknowledgment of parentage or paternity pursuant to subsection (a) of Section 5 of the Illinois Parentage Act of 1984; or
|
|
(iii) in the case of a child placed with the
|
|
adopting parents less than 6 months after birth, openly lived with the child, the child's biological mother, or both, and held himself out to be the child's biological father during the first 30 days following the birth of a child; or
|
|
(iv) in the case of a child placed with the
|
|
adopting parents less than 6 months after birth, made 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 before the expiration of 30 days following the birth of the child, provided that the court may consider in its determination all relevant circumstances, including the financial condition of both biological parents; or
|
|
(v) in the case of a child placed with the
|
|
adopting parents more than six months after birth, has maintained substantial and continuous or repeated contact with the child as manifested by: (I) the payment by the father toward the support of the child of a fair and reasonable sum, according to the father's means, and either (II) the father's visiting the child at least monthly when physically and financially able to do so and not prevented from doing so by the person or authorized agency having lawful custody of the child or (III) the father's regular communication with the child or with the person or agency having the care or custody of the child, when physically and financially unable to visit the child or prevented from doing so by the person or authorized agency having lawful custody of the child. The subjective intent of the father, whether expressed or otherwise, unsupported by evidence of acts specified in this sub‑paragraph as manifesting such intent, shall not preclude a determination that the father failed to maintain substantial and continuous or repeated contact with the child; or
|
|
(vi) in the case of a child placed with the
|
|
adopting parents more than six months after birth, openly lived with the child for a period of six months within the one year period immediately preceding the placement of the child for adoption and openly held himself out to be the father of the child; or
|
|
(vii) has timely registered with the
|
|
Putative Father Registry, as provided in Section 12.1 of this Act, and prior to the expiration of 30 days from the date of such registration, commenced legal proceedings to establish paternity under the Illinois Parentage Act of 1984, or under the law of the jurisdiction of the child's birth.
|
|
(d) In making a determination under subparagraphs (b)(1) and (c)(1), no
showing shall be required of diligent efforts by a person or agency to
encourage the father to perform the acts specified therein.
(e) In the case of the adoption of an adult, only the consent of
such adult shall be required.
(Source: P.A. 93‑510, eff. 1‑1‑04; 94‑530, eff. 1‑1‑06.)
|
(750 ILCS 50/10) (from Ch. 40, par. 1512)
Sec. 10. Forms of consent and surrender; execution and
acknowledgment thereof.
A. The form of consent required for the
adoption of a born child shall be substantially as follows:
FINAL AND IRREVOCABLE CONSENT TO ADOPTION
I, ...., (relationship, e.g., mother, father, relative, guardian)
of ...., a ..male child, state:
That such child was born on .... at ....
That I reside at ...., County of .... and State of ....
That I am of the age of .... years.
That I hereby enter my appearance in this proceeding and waive
service of summons on me.
That I do hereby consent and agree to the adoption of such child.
That I wish to and understand that by signing this consent I do
irrevocably and permanently give up all custody and other parental
rights I have to such child.
That I understand such child will be placed for adoption and that I
cannot under any circumstances, after signing this document, change my
mind and revoke or cancel this consent or obtain or recover custody or
any other rights over such child. That I have read and understand the
above and I am signing it as my free and voluntary act.
Dated (insert date).
.........................
If under Section 8 the consent of more than one person is required,
then each such person shall execute a separate consent.
B. The form of consent required for the adoption of an unborn child
shall be substantially as follows:
CONSENT TO ADOPTION OF UNBORN CHILD
I, ...., state:
That I am the father of a child expected to be born on or about ....
to .... (name of mother).
That I reside at .... County of ...., and State of .....
That I am of the age of .... years.
That I hereby enter my appearance in such adoption proceeding and
waive service of summons on me.
That I do hereby consent and agree to the adoption of such child, and
that I have not previously executed a consent or surrender with respect
to such child.
That I wish to and do understand that by signing this consent I do
irrevocably and permanently give up all custody and other parental
rights I have to such child, except that I have the right to revoke this
consent by giving written notice of my revocation not later than 72
hours after the birth of the child.
That I understand such child will be placed for adoption and that,
except as hereinabove provided, I cannot under any circumstances, after
signing this document, change my mind and revoke or cancel this consent
or obtain or recover custody or any other rights over such child.
That I have read and understand the above and I am signing it as my
free and voluntary act.
Dated (insert date).
........................
B‑5. (1) The parent of a child may execute a consent to standby
adoption by a specified person or persons. A consent under this subsection B‑5
shall be acknowledged by a parent pursuant to subsection H and subsection K of
this Section.
The form of consent required for the standby adoption of a born child
effective at a future date when the consenting
parent of the child dies or
requests that a final judgment of adoption be entered shall be substantially as
follows:
FINAL AND IRREVOCABLE CONSENT
TO STANDBY ADOPTION
I, ..., (relationship, e.g. mother or father)
of ...., a ..male child, state:
That the child was born on .... at .....
That I reside at ...., County of ...., and State of .....
That I am of the age of .... years.
That I hereby enter my appearance in this proceeding and waive service of
summons on me in this action only.
That I do hereby consent and
agree to the standby adoption of the child, and that I have not previously
executed a consent or surrender with respect to the child.
That I wish to and understand that by signing this consent I do irrevocably
and permanently give up all custody and other parental rights I have to the
child, effective upon
(my death) (the child's other parent's death) or upon (my) (the other
parent's) request for the entry of a final judgment for adoption if .....
(specified person or persons) adopt my child.
That I understand that until (I die) (the child's other parent dies), I
retain all legal rights and obligations concerning the child, but at that time,
I irrevocably give all custody and other parental rights to .... (specified
person or persons).
I understand my child will be adopted by ....... (specified person or
persons) only and that I cannot, under any circumstances, after signing this
document, change my mind and revoke or cancel this consent or obtain or recover
custody or any other rights over my child if ..... (specified person or
persons) adopt my child.
I understand that this consent to standby adoption is valid only if the
petition for standby adoption is filed and that if ....... (specified person or
persons), for any reason, cannot or will not file a petition for standby
adoption or if his, her, or their petition for standby adoption is denied, then
this consent is void. I have the right to notice of any other proceeding that
could affect my parental rights.
That I have read and understand the above and I am signing it as my free and
voluntary act.
Dated (insert date).
....................
If under Section 8 the consent of more than one person is required, then each
such
person shall execute a separate consent. A separate consent shall be executed
for each
child.
(2) If the parent consents to a standby adoption by 2 specified persons,
then the form shall contain 2 additional paragraphs in substantially the
following form:
If .... (specified persons) obtain a judgment of
dissolution of
marriage before the judgment for adoption is entered, then .....
(specified person) shall adopt my child. I understand that I cannot change my
mind and revoke this consent or obtain or recover custody of my child if .....
(specified persons) obtain a judgment of dissolution of marriage and .....
(specified person) adopts my child. I understand that I cannot change my
mind and revoke this consent if ...... (specified persons) obtain a
judgment of dissolution of marriage before the adoption is final. I
understand that this consent to adoption has no effect on who will get custody
of my child if ..... (specified persons) obtain a judgment of dissolution
of marriage after the adoption is final. I understand that if either .....
(specified persons) dies before the petition to adopt my child is granted, then
the surviving person may adopt my child. I understand that I cannot change my
mind and revoke this consent or obtain or recover custody of my child if the
surviving person adopts my child.
A consent to standby adoption by specified persons on this form shall have no
effect on a court's determination of custody or visitation under the Illinois
Marriage and Dissolution
of Marriage Act if the marriage of the specified persons is dissolved before
the adoption is final.
(3) The form of the certificate of acknowledgement for a Final and
Irrevocable Consent for Standby Adoption shall be substantially as follows:
STATE OF .....)
) SS.
COUNTY OF ....)
I, ....... (name of Judge or other person) ..... (official title,
name, and address), certify that ......., personally known to me to be
the same person whose name is subscribed to the foregoing Final and Irrevocable
Consent to Standby Adoption, appeared before me this day in person and
acknowledged that (she) (he) signed and
delivered the consent as (her) (his) free and voluntary act, for the specified
purpose.
I have fully explained that this consent to adoption is valid only if the
petition to adopt is filed, and that if the specified person or persons, for
any reason, cannot or will not adopt the child or if the adoption petition is
denied, then this consent will be void. I have fully explained that if the
specified person or persons adopt the child, by signing this consent (she) (he)
is irrevocably and permanently relinquishing all parental rights to the child,
and (she) (he) has stated that such is (her) (his) intention and desire.
Dated (insert date).
Signature..............................
(4) If a consent to standby adoption is executed in this form,
the consent shall be valid only if the specified
person or persons adopt the child. The consent shall be void if:
(a) the specified person or persons do not file a petition for standby
adoption of the child; or
(b) a court denies the standby adoption petition.
The parent shall not need to take further action to revoke the consent if the
standby adoption by the specified person or persons does not occur,
notwithstanding the provisions of Section 11 of this Act.
C. The form of surrender to any agency given by a parent of a born
child who is to be subsequently placed for adoption shall be
substantially as follows and shall contain such other facts and
statements as the particular agency shall require.
FINAL AND IRREVOCABLE SURRENDER
FOR PURPOSES OF ADOPTION
I, .... (relationship, e.g., mother, father, relative, guardian) of
...., a ..male child, state:
That such child was born on ...., at .....
That I reside at ...., County of ...., and State of .....
That I am of the age of .... years.
That I do hereby surrender and entrust the entire custody and control
of such child to the .... (the "Agency"), a (public) (licensed) child
welfare agency with its principal office in the City of ...., County of
.... and State of ...., for the purpose of enabling it to care for and
supervise the care of such child, to place such child for adoption and
to consent to the legal adoption of such child.
That I hereby grant to the Agency full power and authority to place
such child with any person or persons it may in its sole discretion
select to become the adopting parent or parents and to consent to the
legal adoption of such child by such person or persons; and to take any
and all measures which, in the judgment of the Agency, may be for the
best interests of such child, including authorizing medical, surgical
and dental care and treatment including inoculation and anaesthesia for
such child.
That I wish to and understand that by signing this surrender I do
irrevocably and permanently give up all custody and other parental
rights I have to such child.
That I understand I cannot under any circumstances, after signing
this surrender, change my mind and revoke or cancel this surrender or
obtain or recover custody or any other rights over such child.
That I have read and understand the above and I am signing it as my
free and voluntary act.
Dated (insert date).
........................
D. The form of surrender to an agency given by a parent of an unborn
child who is to be subsequently placed for adoption shall be
substantially as follows and shall contain such other facts and
statements as the particular agency shall require.
SURRENDER OF UNBORN CHILD FOR
PURPOSES OF ADOPTION
I, .... (father), state:
That I am the father of a child expected to be born on or about ....
to .... (name of mother).
That I reside at ...., County of ...., and State of .....
That I am of the age of .... years.
That I do hereby surrender and entrust the entire custody and control
of such child to the .... (the "Agency"), a (public) (licensed) child
welfare agency with its principal office in the City of ...., County of
.... and State of ...., for the purpose of enabling it to care for and
supervise the care of such child, to place such child for adoption and
to consent to the legal adoption of such child, and that I have not
previously executed a consent or surrender with respect to such child.
That I hereby grant to the Agency full power and authority to place
such child with any person or persons it may in its sole discretion
select to become the adopting parent or parents and to consent to the
legal adoption of such child by such person or persons; and to take any
and all measures which, in the judgment of the Agency, may be for the
best interests of such child, including authorizing medical, surgical
and dental care and treatment, including inoculation and anaesthesia for
such child.
That I wish to and understand that by signing this surrender I do
irrevocably and permanently give up all custody and other parental
rights I have to such child.
That I understand I cannot under any circumstances, after signing
this surrender, change my mind and revoke or cancel this surrender or
obtain or recover custody or any other rights over such child, except
that I have the right to revoke this surrender by giving written notice
of my revocation not later than 72 hours after the birth of such child.
That I have read and understand the above and I am signing it as my
free and voluntary act.
Dated (insert date).
........................
E. The form of consent required from the parents for the adoption of
an adult, when such adult elects to obtain such consent, shall be
substantially as follows:
CONSENT
I, ...., (father) (mother) of ...., an adult, state:
That I reside at ...., County of .... and State of .....
That I do hereby consent and agree to the adoption of such adult by
.... and .....
Dated (insert date).
.........................
F. The form of consent required for the adoption of a child of the
age of 14 years or upwards, or of an adult, to be given by such person,
shall be substantially as follows:
CONSENT
I, ...., state:
That I reside at ...., County of .... and State of ..... That I am
of the age of .... years. That I consent and agree to my adoption by
.... and .....
Dated (insert date).
........................
G. The form of consent given by an agency to the adoption by
specified persons of a child previously surrendered to it shall set
forth that the agency has the authority to execute such consent. The
form of consent given by a guardian of the person of a child sought to
be adopted, appointed by a court of competent jurisdiction, shall set
forth the facts of such appointment and the authority of the guardian to
execute such consent.
H. A consent (other than that given by an agency, or guardian of the
person of the child sought to be adopted appointed by a court of
competent jurisdiction) shall be acknowledged by a parent before the
presiding judge of the court in which the petition for adoption has
been, or is to be filed or before any other judge or hearing officer
designated or
subsequently approved by the court, or the circuit clerk if so authorized
by the presiding judge or, except as otherwise provided in
this Act, before a representative of the Department of Children and
Family Services or a licensed child welfare agency, or before social
service personnel under the jurisdiction of a court of competent
jurisdiction, or before social service personnel of the Cook County
Department of Supportive Services designated by the presiding judge.
I. A surrender, or any other document equivalent to a surrender, by
which a child is surrendered to an agency shall be acknowledged by the
person signing such surrender, or other document, before a judge or hearing
officer or the
clerk of any court of record, either in this State or any other state of
the United States, or before a representative of an agency or before any
other person designated or approved by the presiding judge of the court
in which the petition for adoption has been, or is to be, filed.
J. The form of the certificate of acknowledgment for a consent, a
surrender, or any other document equivalent to a surrender, shall be
substantially as follows:
STATE OF ....)
) SS.
COUNTY OF ...)
I, .... (Name of judge or other person), .... (official title, name and
location of court or status or position of other person),
certify that ...., personally known to me to be the same person whose
name is subscribed to the foregoing (consent) (surrender), appeared
before me this day in person and acknowledged that (she) (he) signed and
delivered such (consent) (surrender) as (her) (his) free and voluntary
act, for the specified purpose.
I have fully explained that by signing such (consent) (surrender)
(she) (he) is irrevocably relinquishing all parental rights to such
child or adult and (she) (he) has stated that such is (her) (his)
intention and desire.
Dated (insert date).
Signature ...............
K. When the execution of a consent or a surrender is acknowledged
before someone other than a judge or the clerk of a court of record,
such other person shall have his signature on the certificate
acknowledged before a notary public, in form substantially as follows:
STATE OF ....)
) SS.
COUNTY OF ...)
I, a Notary Public, in and for the County of ......, in the State of
......, certify that ...., personally known to me to be the
same person whose name is subscribed to the foregoing certificate of
acknowledgment, appeared before me in person and acknowledged that (she)
(he) signed such certificate as (her) (his) free and voluntary act and
that the statements made in the certificate are true.
Dated (insert date).
Signature ...................... Notary Public
(official seal)
There shall be attached a certificate of magistracy, or other
comparable proof of office of the notary public satisfactory to the
court, to a consent signed and acknowledged in another state.
L. A surrender or consent executed and acknowledged outside of this
State, either in accordance with the law of this State or in accordance
with the law of the place where executed, is valid.
M. Where a consent or a surrender is signed in a foreign country,
the execution of such consent shall be acknowledged or affirmed in a
manner conformable to the law and procedure of such country.
N. If the person signing a consent or surrender is in the military
service of the United States, the execution of such consent or surrender
may be acknowledged before a commissioned officer and the signature of
such officer on such certificate shall be verified or acknowledged
before a notary public or by such other procedure as is then in effect
for such division or branch of the armed forces.
O. (1) The parent or parents of a child in whose interests a petition
under Section 2‑13 of the Juvenile Court Act of 1987 is pending may, with the
approval of the designated representative of the Department of Children and
Family Services, execute a consent to adoption by a specified person or
persons:
(a) in whose physical custody the child has resided |
|
for at least 6 months; or
|
|
(b) in whose physical custody at least one sibling
|
|
of the child who is the subject of this consent has resided for at least 6 months, and the child who is the subject of this consent is currently residing in this foster home; or
|
|
(c) in whose physical custody a child under one year
|
|
of age has resided for at least 3 months.
|
|
A consent under this subsection O shall be acknowledged by a parent pursuant to
subsection H and subsection K of this Section.
(2) The consent to adoption by a specified person or persons shall have the
caption of the proceeding in which it is to be filed and shall be substantially
as follows:
FINAL AND IRREVOCABLE CONSENT TO ADOPTION BY
A SPECIFIED PERSON OR PERSONS
I, ......................................, the .................. (mother or
father) of a ....male child, state:
1. My child ............................ (name of
|
|
child) was born on (insert date) at .................... Hospital in ................ County, State of ...............
|
|
2. I reside at ......................, County of
|
|
............. and State of ..............
|
|
3. I, ..........................., am .... years old.
4. I enter my appearance in this action to adopt my
|
|
child by the person or persons specified herein by me and waive service of summons on me in this action only.
|
|
5. I consent to the adoption of my child by
|
|
............................. (specified person or persons) only.
|
|
6. I wish to sign this consent and I understand that
|
|
by signing this consent I irrevocably and permanently give up all parental rights I have to my child if my child is adopted by ............................. (specified person or persons).
|
|
7. I understand my child will be adopted by
|
|
............................. (specified person or persons) only and that I cannot under any circumstances, after signing this document, change my mind and revoke or cancel this consent or obtain or recover custody or any other rights over my child if ............................ (specified person or persons) adopt my child.
|
|
8. I understand that this consent to adoption is
|
|
valid only if the petition to adopt is filed within one year from the date that I sign it and that if ....................... (specified person or persons), for any reason, cannot or will not file a petition to adopt my child within that one year period or if their adoption petition is denied, then this consent will be voidable after one year upon the timely filing of my motion. If I file this motion before the filing of the petition for adoption, I understand that the court shall revoke this specific consent. I have the right to notice of any other proceeding that could affect my parental rights, except for the proceeding for ............. (specified person or persons) to adopt my child.
|
|
9. I have read and understand the above and I am
|
|
signing it as my free and voluntary act.
|
|
Dated (insert date).
.............................................
Signature of parent
(3) If the parent consents to an adoption by 2 specified persons, then the
form shall contain 2 additional paragraphs in substantially the following form:
10. If ............... (specified persons) get a
|
|
divorce before the petition to adopt my child is granted, then .......... (specified person) shall adopt my child. I understand that I cannot change my mind and revoke this consent or obtain or recover custody over my child if ............. (specified persons) divorce and ............. (specified person) adopts my child. I understand that I cannot change my mind and revoke this consent or obtain or recover custody over my child if ................. (specified persons) divorce after the adoption is final. I understand that this consent to adoption has no effect on who will get custody of my child if they divorce after the adoption is final.
|
|
11. I understand that if either ...............
|
|
(specified persons) dies before the petition to adopt my child is granted, then the surviving person can adopt my child. I understand that I cannot change my mind and revoke this consent or obtain or recover custody over my child if the surviving person adopts my child.
|
|
A consent to adoption by specified persons on this form shall
have no effect on a court's determination of custody or visitation
under the Illinois Marriage and Dissolution of Marriage Act if the
marriage of the
specified persons is dissolved after the adoption is final.
(4) The form of the certificate of acknowledgement for a Final and
Irrevocable Consent for Adoption by a Specified Person or Persons shall be
substantially as follows:
STATE OF..............)
) SS.
COUNTY OF.............)
I, .................... (Name of Judge or other person),
..................... (official title, name, and address),
certify that ............., personally known to me to be the same person whose
name is subscribed to the foregoing Final and Irrevocable Consent for Adoption
by a Specified Person or Persons, appeared before me this day
in person and acknowledged that (she)(he) signed and delivered the consent as
(her)(his) free and voluntary act, for the specified purpose.
I have fully explained that this consent to adoption is valid only if the
petition to adopt is filed within one year from the date that it is signed, and
that if the specified person or persons, for any reason, cannot or will not
adopt the child or if the adoption petition is denied, then this consent will
be voidable after one year upon the timely filing of a motion by the parent
to revoke the consent. I explained that if this motion is filed before the
filing of the petition for adoption, the court shall revoke this specific
consent. I have fully explained that if the specified person or
persons adopt
the child, by signing this consent this parent is irrevocably
and permanently
relinquishing all parental rights to the child, and this parent has stated that
such is (her)(his) intention and desire.
Dated (insert date).
...............................
Signature
(5) If a consent to adoption by a specified person or persons is executed in
this form, the following provisions shall apply. The consent shall be valid
only if that specified person or persons adopt the child. The consent shall be
voidable after one year if:
(a) the specified person or persons do not file a
|
|
petition to adopt the child within one year after the consent is signed and the parent files a timely motion to revoke this consent. If this motion is filed before the filing of the petition for adoption the court shall revoke this consent; or
|
|
(b) a court denies the adoption petition; or
(c) the Department of Children and Family Services
|
|
Guardianship Administrator determines that the specified person or persons will not or cannot complete the adoption, or in the best interests of the child should not adopt the child.
|
|
Within 30 days of the consent becoming void, the Department of Children and
Family Services Guardianship Administrator shall make good faith attempts to
notify the parent in writing and shall give written notice to the court and all
additional parties in writing that the adoption has not occurred or will not
occur and that the consent is void. If the adoption by a specified person or
persons does not occur, no proceeding for termination of parental rights shall
be brought unless the biological parent who executed the consent to adoption by
a specified person or persons has been notified of the proceeding pursuant to
Section 7 of this Act or subsection (4) of Section 2‑13 of the Juvenile Court
Act of 1987. The parent shall not need to take further action to revoke the
consent if the specified adoption does not occur, notwithstanding the
provisions of Section 11 of this Act.
(6) The Department of Children and Family Services is authorized
to promulgate rules necessary to implement this subsection O.
(7) The Department shall collect and maintain data concerning the efficacy
of specific consents. This data shall include the number of specific consents
executed and their outcomes, including but not limited to the number of
children adopted pursuant to the consents, the number of children for whom
adoptions are not completed, and the reason or reasons why the adoptions are
not completed.
(Source: P.A. 92‑320, eff. 1‑1‑02; 93‑732, eff. 1‑1‑05.)
|
(750 ILCS 50/12.1)
Sec. 12.1.
Putative Father Registry.
The Department of Children and Family
Services shall establish a Putative Father Registry for the purpose of
determining the
identity and location of a putative father of a minor child who is, or is
expected to be, the subject of an adoption proceeding, in order to provide
notice of such proceeding to the putative father. The Department of Children
and Family Services shall establish rules and informational material necessary
to implement the provisions of this Section. The Department shall have the
authority to set reasonable fees for the use of the Registry.
(a) The Department shall maintain the following information in the Registry:
(1) With respect to the putative father:
(i) Name, including any other names by which the |
|
putative father may be known and that he may provide to the Registry;
|
|
(ii) Address at which he may be served with
|
|
notice of a petition under this Act, including any change of address;
|
|
(iii) Social Security Number;
(iv) Date of birth; and
(v) If applicable, a certified copy of an order
|
|
by a court of this State or of another state or territory of the United States adjudicating the putative father to be the father of the child.
|
|
(2) With respect to the mother of the child:
(i) Name, including all other names known to the
|
|
putative father by which the mother may be known;
|
|
(ii) If known to the putative father, her last
|
|
|
(iii) Social Security
Number; and
(iv) Date of birth.
(3) If known to the putative father, the name,
|
|
gender, place of birth, and date of birth or anticipated date of birth of the child.
|
|
(4) The date that the Department received the
|
|
putative father's registration.
|
|
(5) Other information as the Department may by rule
|
|
determine necessary for the orderly administration of the Registry.
|
|
(b) A putative father may register with the Department before the birth of
the child but shall register no later than 30 days after the birth of the
child.
All
registrations shall be in writing and signed by the putative father. No fee
shall be charged for the initial registration. The Department shall have no
independent obligation to gather the information to be maintained.
(c) An interested party, including persons intending to adopt a child, a
child welfare agency with whom the mother has placed or has given written
notice of her intention to place a child for adoption, the mother of the child,
or an attorney representing an interested party may request that the
Department search the Registry to determine whether a putative father is
registered in relation to a child who is or may be the subject to an adoption
petition.
(d) A search of the Registry may be proven by the production of a certified
copy of the registration form, or by the certified statement of the
administrator of the Registry that after a search, no registration of a
putative father in relation to a child who is or may be the subject of an
adoption petition could be located.
(e) Except as otherwise provided, information contained within the
Registry is confidential and shall not be published or open to public
inspection.
(f) A person who knowingly or intentionally registers false
information under this Section commits a Class B misdemeanor.
A person who knowingly or intentionally releases confidential information
in violation of this Section commits a Class B misdemeanor.
(g) Except as provided in subsections (b) or (c) of Section 8 of this Act, a putative
father who
fails to register with the Putative Father Registry as provided in this Section
is barred from thereafter bringing or maintaining any action to assert any
interest in the child, unless he proves by clear and convincing evidence that:
(1) it was not possible for him to register within
|
|
the period of time specified in subsection (b) of this Section; and
|
|
(2) his failure to register was through no fault of
|
|
|
(3) he registered within 10 days after it became
|
|
possible for him to file.
|
|
A lack of knowledge of the pregnancy or birth is not an acceptable reason for
failure to register.
(h) Except as provided in subsection (b) or (c) of Section 8 of this Act, failure to timely
register with the Putative Father Registry (i) shall be deemed to be a waiver
and surrender of any right to notice of any hearing in any judicial proceeding
for the adoption of the child, and the consent or surrender of that
person to the adoption of
the
child is not required, and (ii) shall constitute an abandonment of the child
and shall be prima facie evidence of sufficient grounds to support termination
of such
father's parental rights under this Act.
(i) In any adoption proceeding pertaining to a child born out of wedlock, if
there is no showing that a putative father has executed a consent or
surrender or waived his
rights regarding the proposed adoption, certification as specified in
subsection (d) shall be filed with the court prior to entry of a final
judgment order of adoption.
(j) The Registry shall not be used to notify a putative father who is the
father of a child as a result of criminal sexual abuse or assault as defined
under Article 12 of the Criminal Code of 1961.
(Source: P.A. 89‑315, eff. 1‑1‑96; 90‑15, eff. 6‑13‑97.)
|
(750 ILCS 50/12a) (from Ch. 40, par. 1515)
Sec. 12a.
Notice to putative father.
1. Upon the written request to any Clerk of any Circuit Court, and
upon the payment of a filing fee of $10.00, by any interested party,
including persons intending to adopt a child, a child welfare agency
with whom the mother has placed or has given written notice of her
intention to place a child for adoption, the mother of a child, or any
attorney representing an interested party, a notice, the declaration of
paternity and the disclaimer of paternity may be served on a
putative father in the same manner as Summons is served in other civil
proceedings, or, in lieu of personal service, service may be made as
follows:
(a) The person requesting notice shall pay to the |
|
Clerk of the Court a mailing fee of $2 plus the cost of U. S. postage for certified or registered mail and furnish to the Clerk an original and one copy of a notice, the declaration of paternity and the disclaimer of paternity together with an Affidavit setting forth the putative father's last known address. The original notice, the declaration of paternity and the disclaimer of paternity shall be retained by the Clerk.
|
|
(b) The Clerk shall forthwith mail to the putative
|
|
father, at the address appearing in the Affidavit, the copy of the notice, the declaration of paternity and the disclaimer of paternity, by certified mail, return receipt requested; the envelope and return receipt shall bear the return address of the Clerk. The receipt for certified mail shall state the name and address of the addressee, and the date of mailing, and shall be attached to the original notice.
|
|
(c) The return receipt, when returned to the Clerk,
|
|
shall be attached to the original notice, the declaration of paternity and the disclaimer of paternity, and shall constitute proof of service.
|
|
(d) The Clerk shall note the fact of service in a
|
|
|
2. The notice shall be signed by the Clerk, and may be served on the
putative father at any time after conception, and shall read as follows:
"IN THE MATTER OF NOTICE TO ....., PUTATIVE FATHER.
You have been identified as the father of a child born or expected to be born
on or about (insert date).
The mother of the child is.....
The mother has indicated that she intends to place the child for
adoption.
As the alleged father of the child, you have certain legal rights
with respect to the child, including the right to notice of the filing
of proceedings instituted for the adoption of the child. If you wish to
retain your rights with respect to the child, you must file with the
Clerk of this Circuit Court of .... County, Illinois, whose address is
...., Illinois, within 30 days after the date of receipt of this notice,
the declaration of paternity enclosed herewith stating that
you are, in fact, the father of
the child and that you intend to retain your legal rights with respect
to the child, or request to be notified of any further proceedings with
respect to custody or adoption of the child.
If you do not file such a declaration of paternity, or a request for
notice, then whatever legal rights you have with respect to the child,
including the right to notice of any future proceedings for the adoption
of the child, may be terminated without any further notice to you. When
your legal rights with respect to the child are so terminated, you will
not be entitled to notice of any proceeding instituted for the adoption
of the child.
If you are not the father of the child, you may file with the Clerk of this
Court the disclaimer of paternity enclosed herewith which will be noted in the
Clerk's file and you will receive no further notice with respect to the child."
The declaration of paternity shall be substantially as follows:
"IN THE CIRCUIT COURT OF THE
.......... JUDICIAL CIRCUIT, ILLINOIS
.......... County
) ) ) No. ) )
DECLARATION OF PATERNITY WITH ENTRY OF APPEARANCE
I, ........., state as follows:
(1) That I am ......... years of age; and I reside at ......... in the
County of ........., State of .........
(2) That I have been advised that ........ is the mother of a ...male child
named ........ born or expected to be born on or about ......... and that such
mother has stated that I am the father of this child.
(3) I declare that I am the father of this child.
(4) I understand that the mother of this child wishes to consent to the
adoption of this child. I do not consent to the adoption of this child,
and I understand that I must return this initial declaration of parentage
form to the Clerk of the Circuit Court of ....... County, located at
........., within 30 days of receipt of this notice.
(5) I further understand that I am also obligated to establish my
paternity pursuant to the Parentage Act of 1984 within 30 days of my
receiving this notice or, if the child is not yet born, within 30 days after
the birth of the child. This proceeding is separate and distinct from the
above mailing of initial declaration of paternity; in this second notice, I
must state that I am, in fact, the father of said child, and that I intend
to retain my legal rights with respect to said child, and request to be
notified of any further proceedings with respect to custody or adoption of
the child.
(6) I hereby enter my appearance in the above entitled cause.
OATH
I have been duly sworn and I say under oath that I have read and
understand this Declaration of Paternity With Entry of Appearance. The
facts that it contains are true and correct to the best of my knowledge, and
I understand that by signing this document I admit my paternity. I have
signed this document as my free and voluntary act.
...........
(signature)
Dated (insert date).
Signed and sworn before me on (insert date).
................
(notary public)".
The disclaimer of paternity shall be substantially as follows:
"IN THE CIRCUIT COURT OF THE
.......... JUDICIAL CIRCUIT, ILLINOIS
.......... County
) ) ) No. ) )
DENIAL OF PATERNITY WITH ENTRY OF APPEARANCE
AND CONSENT TO ADOPTION
I, .........., state as follows:
(1) That I am ..... years of age; and I reside at .......... in the County
of .........., State of ...........
(2) That I have been advised that .......... is the mother of a .....male
child named ..... born or expected to be born on or about ..... and
that such mother has stated that I am the father of this child.
(3) I deny that I am the father of this child.
(4) I further understand that the mother of this child wishes to consent
to the adoption of the child. I hereby consent to the adoption of this child,
and waive any rights, remedies and defenses that I may now or in the future
have as a result of the mother's allegation of the paternity of this child.
This consent is being given in order to facilitate the adoption of the child
and so that the court may terminate what rights I may have to the child
as a result of being named the father by the mother. This consent is not
in any manner an admission of paternity.
(5) I hereby enter my appearance in the above entitled cause and waive
service of summons and other pleading.
OATH
I have been duly sworn and I say under oath that I have read and understood
this Denial of Paternity With Entry of Appearance and Consent to Adoption.
The facts it contains are true and correct to the best of my knowledge,
and I understand that by signing this document I have not admitted paternity.
I have signed this document as my free and voluntary act in order to facilitate
the adoption of the child.
...........
(signature)
Dated (insert date).
Signed and sworn before me on (insert date).
.................
(notary public)".
The names of adoptive parents shall not be included in the notice.
3. If the putative father files a disclaimer of paternity, he shall
be deemed not to be the father of the child with respect to any adoption
or other proceeding held to terminate the rights of parents as respects
such child.
4. In the event the putative father does not file a declaration of
paternity of the child or request for notice within 30 days of service
of the above notice, he need not be made a party to or given notice of
any proceeding brought for the adoption of the child. An Order or judgment
may be entered in such proceeding terminating all of his rights with
respect to the child without further notice to him.
5. If the putative father files a declaration of paternity or a
request for notice in accordance with subsection 2, with respect to the
child, he shall be given notice in event any proceeding is brought for
the adoption of the child.
6. The Clerk shall maintain separate numbered files and records of
requests and proofs of service and all other documents filed pursuant to
this article. All such records shall be impounded.
(Source: P.A. 91‑357, eff. 7‑29‑99.)
|
(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:
(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.
|
|
(b) The court shall appoint a guardian ad litem for
|
|
all named minors or defendants who are persons under legal disability, if any.
|
|
(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.
|
|
(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. 90‑14, eff. 7‑1‑97; 90‑349, eff. 1‑1‑98; 91‑572, eff.
1‑1‑00.)
|
(750 ILCS 50/18.05)
(Text of Section from P.A. 94‑173)
Sec. 18.05. The Illinois Adoption Registry and Medical Information
Exchange.
(a) General function. Subject to appropriation, the Department of Public
Health shall administer the Illinois Adoption Registry and
Medical Information Exchange in the manner outlined in subsections
(b) and (c) for the purpose of facilitating the voluntary exchange of
medical information between mutually consenting members of birth and adoptive families.
The Department shall establish rules for the confidential operation of the
Illinois Adoption
Registry. The Department shall conduct a public
information campaign through public service announcements
and other forms of media coverage and, until December 31, 2010, through
notices enclosed with driver's
license renewal applications, shall inform
the public of
the Illinois Adoption Registry and Medical Information Exchange. The Illinois
Adoption
Registry shall also
maintain an informational Internet site where interested parties may access
information about the Illinois Adoption Registry and Medical Information
Exchange and download all necessary application forms. The Illinois Adoption
Registry
shall maintain statistical records regarding Registry participation and publish
and circulate to the public
informational material
about the function and operation of the Registry.
(b) Establishment of the Adoption/Surrender Records File. When a person has
voluntarily registered with
the Illinois Adoption Registry and completed an Illinois Adoption Registry
Application or a Registration Identification Form, the Registry shall establish
a
new Adoption/Surrender Records File. Such file may concern
an adoption that was finalized by a court action in the State of Illinois, an
adoption of a person born in Illinois finalized
by a court action in a state other than Illinois or in a foreign country, or a
surrender taken in the State of Illinois. Such file may be established for
adoptions or surrenders finalized prior to as well as after the effective date
of this amendatory Act. A file may be created in
any manner to preserve documents including but not limited to microfilm,
optical imaging, or electronic documents.
(c) Contents of the Adoption/Surrender Records File. An established
Adoption/Surrender
Records File shall be limited to the following items, to the extent that they
are
available:
(1) The General Information Section and Medical
|
Information Exchange Questionnaire of any Illinois Adoption Registry Application or a Registration Identification Form which has been voluntarily completed by any registered party.
|
|
(2) Any photographs voluntarily provided by any
|
|
registrant for any other registered party at the time of registration or any time thereafter. All such photographs shall be submitted in an unsealed envelope no larger than 8 1/2" x 11", and shall not include identifying information pertaining to any person other than the registrant who submitted them. Any such identifying information shall be redacted by the Department or the information shall be returned for removal of identifying information.
|
|
(3) Any Information Exchange Authorization or Denial
|
|
of Information Exchange which has been filed by a registrant.
|
|
(4) For all adoptions finalized after January 1,
|
|
2000, copies of the original certificate of live birth and the certificate of adoption.
|
|
(5) Any updated address submitted by any registered
|
|
party about himself or herself.
|
|
(6) Any proof of death which has been submitted by a
|
|
|
(7) Any birth certificate that has been submitted by
|
|
|
(8) Any marriage certificate that has been submitted
|
|
|
(9) Any proof of guardianship that has been
|
|
submitted by a registrant.
|
|
(Source: P.A. 94‑173, eff. 1‑1‑06.)
(Text of Section from P.A. 94‑430)
Sec. 18.05. The Illinois Adoption Registry and Medical Information
Exchange.
(a) General function. Subject to appropriation, the Department of Public
Health shall redefine the function of the Illinois Adoption Registry and
create the Medical Information Exchange in the manner outlined in subsections
(b) and (c) for the purpose of facilitating the voluntary exchange of
medical information between mutually consenting birth parents or birth
siblings
and mutually consenting adoptive parents or legal guardians of
adopted or surrendered persons under the age of 21 or adopted or
surrendered persons 21 years of age or over.
The Department shall establish rules for the confidential operation of the
Illinois Adoption
Registry. Beginning January 1, 2000, the Department shall conduct a public
information campaign through public service announcements
and other forms of media coverage and, for a minimum of 4 years, through
notices enclosed with driver's
license renewal applications, shall inform
adopted and surrendered persons born, surrendered, or adopted in Illinois and
their adoptive parents, legal guardians, birth parents and birth siblings of
the Illinois Adoption Registry and Medical Information Exchange. The
Department shall notify all parties who registered with the Illinois Adoption
Registry prior to January 1, 2000 of the provisions of this amendatory Act of
1999. The Illinois
Adoption
Registry shall also
maintain an informational Internet site where interested parties may access
information about the Illinois Adoption Registry and Medical Information
Exchange and download all necessary application forms. The Illinois Adoption
Registry
shall maintain statistical records regarding Registry participation and publish
and circulate to the public
informational material
about the function and operation of the Registry.
(b) Establishment of the Adoption/Surrender Records File. When a person has
voluntarily registered with
the Illinois Adoption Registry and completed an Illinois Adoption Registry
Application or a Registration Identification Form, the Registry shall establish
a
new Adoption/Surrender Records File. Such file may concern
an adoption that was finalized by a court action in the State of Illinois, an
adoption of a person born in Illinois finalized
by a court action in a state other than Illinois or in a foreign country, a
surrender taken in the State of Illinois, or an adoption filed according to Section 16.1 of the Vital Records Act under a Record of Foreign Birth that was not finalized by a court action in the State of Illinois. Such file may be established for
adoptions or surrenders finalized prior to as well as after the effective date
of this amendatory Act of 1999. A file may be created in
any manner to preserve documents including but not limited to microfilm,
optical imaging, or electronic documents.
(c) Contents of the Adoption/Surrender Records File. An established
Adoption/Surrender
Records File shall be limited to the following items, to the extent that they
are
available:
(1) The General Information Section and Medical
|
|
Information Exchange Questionnaire of any Illinois Adoption Registry Application or a Registration Identification Form which has been voluntarily completed by the adopted or surrendered person or his or her adoptive parents, legal guardians, birth parents, or birth siblings.
|
|
(2) Any photographs voluntarily provided by any
|
|
registrant for the adopted or surrendered person or his or her adoptive parents, legal guardians, birth parents, or birth siblings at the time of registration or any time thereafter. All such photographs shall be submitted in an unsealed envelope no larger than 8 1/2" x 11", and shall not include identifying information pertaining to any person other than the registrant who submitted them. Any such identifying information shall be redacted by the Department or the information shall be returned for removal of identifying information.
|
|
(3) Any Information Exchange Authorization or Denial
|
|
of Information Exchange which has been filed by a registrant.
|
|
(4) For all adoptions finalized after January 1,
|
|
2000, copies of the original certificate of live birth and the certificate of adoption.
|
|
(5) Any updated address submitted by any registered
|
|
party about himself or herself.
|
|
(6) Any proof of death which has been submitted by
|
|
an adopted or surrendered person, adoptive parent, legal guardian, birth parent, or birth sibling.
|
|
(d) An established Adoption/Surrender Records File for an adoption filed in Illinois under a Record of Foreign Birth that was not finalized in a court action in the State of Illinois shall be limited to the following items submitted to the State Registrar of Vital Records under Section 16.1 of the Vital Records Act, to the extent that they are available:
(1) Evidence as to the child's birth date and
|
|
birthplace (including the country of birth and, if available, the city and province of birth) provided by the original birth certificate, or by a certified copy, extract, or translation thereof or by other document essentially equivalent thereto (the records of the U.S. Immigration and Naturalization Service or of the U.S. Department of State to be considered essentially equivalent thereto).
|
|
(2) A certified copy, extract, or translation of the
|
|
adoption decree or other document essentially equivalent thereto (the records of the U.S. Immigration and Naturalization Service or of the U.S. Department of State to be considered essentially equivalent thereto).
|
|
(3) A copy of the IR‑3 visa.
(4) The name and address of the adoption agency that
|
|
|
(Source: P.A. 94‑430, eff. 8‑2‑05.)
|
(750 ILCS 50/18.1b)
Sec. 18.1b. The Illinois Adoption Registry Application. The Illinois
Adoption Registry Application shall substantially include the following:
(a) General Information. The Illinois Adoption Registry
Application shall include the space to provide Information about the registrant
including his or her
surname, given name or names, social security number (optional), mailing
address, home telephone number, gender, date and place of birth, and the date
of registration. If applicable and known
to the registrant, he or she may include the maiden surname of the
birth mother, any subsequent surnames of the birth mother, the surname of the
birth father, the given name or names of the birth parents, the dates and
places of birth of the birth parents, the surname and given name or names of
the adopted person prior to adoption, the gender and date and place of birth of
the adopted or surrendered person, the name of the adopted person following
his or her adoption and the state and county where the judgment of adoption was
finalized.
(b) Medical Information Exchange Questionnaire. In recognition of
the importance of medical information and of recent discoveries regarding the
genetic origin of many medical conditions and diseases all registrants shall be
asked to voluntarily complete a Medical
Information Exchange Questionnaire.
(1) For birth relatives, the Medical Information
|
Exchange Questionnaire shall include a comprehensive check‑list of medical conditions and diseases including those of genetic origin. Birth relatives shall be asked to indicate all genetically‑inherited diseases and conditions on this list which are known to exist in the adopted or surrendered person's birth family at the time of registration. In addition, all birth relatives shall be apprised of the Registry's provisions for voluntarily submitting information about their and their family's medical histories on a confidential, ongoing basis.
|
|
(2) Adopted and surrendered persons and their
|
|
adoptive parents, legal guardians, adult children, and surviving spouses shall be asked to indicate all genetically‑inherited diseases and medical conditions with which the adopted or surrendered person or, if applicable, his or her children have been diagnosed since birth.
|
|
(3) The Medical Information Exchange Questionnaire
|
|
shall include a space where the registrant may authorize the release of the Medical Information Exchange Questionnaire to specified registered parties and a disclaimer informing registrants that the Department of Public Health cannot guarantee the accuracy of medical information exchanged through the Registry.
|
|
(c) Written statement. All registrants shall be given the
opportunity to voluntarily file a written statement with the Registry. This
statement
shall be submitted in the space provided.
No written statement submitted to the Registry
shall include identifying information pertaining to any person other than the
registrant who submitted it.
Any such identifying information shall be redacted by the Department or
returned for removal of identifying information.
(d) Contact information. All registrants may indicate their
wishes regarding contact with any other registrant by completing an
Information Exchange Authorization or a Denial of Information Exchange.
(1) Information Exchange Authorization. Adopted or
|
|
surrendered persons 21 years of age or over who would welcome contact with one or more of their birth relatives; birth parents who would welcome contact with an adopted or surrendered person 21 years of age or over, or one or more of his or her adoptive parents, legal guardians, adult children, or a surviving spouse; birth siblings 21 years of age or over who were adopted or surrendered and who would welcome contact with an adopted or surrendered person, or one or more of his or her adoptive parents, legal guardians, adult children, or a surviving spouse; birth siblings 21 years of age or over who were not surrendered and who have submitted proof of death for any common birth parent who did not file a Denial of Information Exchange prior to his or her death, and who would welcome contact with an adopted or surrendered person, or one or more of his or her adoptive parents, legal guardians, adult children, or a surviving spouse; birth aunts and birth uncles 21 years of age or over who have submitted birth certificates for themselves and a deceased birth parent naming at least one common biological parent as well as proof of death for a deceased birth parent who did not file a Denial of Information Exchange prior to his or her death and who would welcome contact with an adopted or surrendered person 21 years of age or over, or one or more of his or her adoptive parents, legal guardians, adult children or a surviving spouse; adoptive parents or legal guardians of adopted or surrendered persons under the age of 21 who would welcome contact with one or more of the adopted or surrendered person's birth relatives; adoptive parents and legal guardians of deceased adopted or surrendered persons 21 years of age or over who have submitted proof of death for a deceased adopted or surrendered person who did not file a Denial of Information Exchange prior to his or her death and who would welcome contact with one or more of the adopted or surrendered person's birth relatives; adult children of deceased adopted or surrendered persons who have submitted a birth certificate naming the adopted or surrendered person as their biological parent and proof of death for an adopted or surrendered person who did not file a Denial of Information Exchange prior to his or her death; and surviving spouses of deceased adopted or surrendered persons who have submitted a marriage certificate naming an adopted or surrendered person as their deceased wife or husband and proof of death for an adopted or surrendered person who did not file a Denial of Information Exchange prior to his or her death and who would welcome contact with one or more of the adopted or surrendered person's birth relatives may specify with whom they wish to exchange identifying information by filing an Information Exchange Authorization.
|
|
(2) Denial of Information Exchange. Adopted or
|
|
surrendered persons 21 years of age or over who do not wish to establish contact with one or more of their birth relatives may specify with whom they do not wish to exchange identifying information by filing a Denial of Information Exchange. Birth relatives who do not wish to establish contact with an adopted or surrendered person or one or more of his or her adoptive parents, legal guardians, or adult children may specify with whom they do not wish to exchange identifying information by filing a Denial of Information Exchange. Adoptive parents or legal guardians of adopted or surrendered persons under the age of 21 who do not wish to establish contact with one or more of the adopted or surrendered person's birth relatives may specify with whom they do not wish to exchange identifying information by filing a Denial of Information Exchange. Adoptive parents, adult children, and surviving spouses of deceased adoptees who do not wish to establish contact with one or more of the adopted or surrendered person's birth relatives may specify with whom they do not wish to exchange identifying information by filing a Denial of Information Exchange. The Illinois Adoption Registry Application does not need to be completed in order to file a Denial of Information Exchange.
|
|
(e) A registrant may complete all or any part of the Illinois Adoption
Registry Application. All Illinois Adoption Registry Applications, Information
Exchange
Authorizations, Denials of Information Exchange, requests to revoke an
Information
Exchange Authorization or Denial of Information Exchange, and affidavits
submitted
to the Registry shall be
accompanied by proof of identification.
(f) The Department shall establish the Illinois Adoption Registry
Application
form including the Medical Information Exchange Questionnaire by rule.
(Source: P.A. 94‑173, eff. 1‑1‑06.)
|
(750 ILCS 50/18.2) (from Ch. 40, par. 1522.2)
Sec. 18.2. Forms.
(a) The form of the Birth Parent Registration
Identification Form shall be substantially as follows:
BIRTH PARENT REGISTRATION IDENTIFICATION
(Insert all known information)
I, ....., state that I am the ...... (mother or father) of the
following child:
Child's original name: ..... (first) ..... (middle)
|
..... (last), ..... (hour of birth), ..... (date of birth), ..... (city and state of birth), ..... (name of hospital).
|
|
Father's full name: ...... (first) ...... (middle) .....
|
|
(last), ..... (date of birth), ..... (city and state of birth).
|
|
Name of mother inserted on birth certificate: .....
|
|
(first) ..... (middle) ..... (last), ..... (race), ..... (date of birth), ...... (city and state of birth).
|
|
That I surrendered my child to: ............. (name of
|
|
agency), ..... (city and state of agency), ..... (approximate date child surrendered).
|
|
That I placed my child by private adoption: ..... (date),
|
|
|
Name of adoptive parents, if known: ......
Other identifying information: .....
........................
(Signature of parent)
............ ........................(date) (printed name of parent)
(b) The form of the Adopted Person
Registration Identification shall be substantially
as follows:
ADOPTED PERSON
REGISTRATION IDENTIFICATION
(Insert all known information)
I, ....., state the following:
Adopted Person's present name: ..... (first) ..... |
|
|
Adopted Person's name at birth (if known): ..... (first)
|
|
..... (middle) ..... (last), ..... (birth date), ..... (city and state of birth), ...... (sex), ..... (race).
|
|
Name of adoptive father: ..... (first) ..... (middle)
|
|
..... (last), ..... (race).
|
|
Maiden name of adoptive mother: ..... (first) .....
|
|
(middle) ..... (last), ..... (race).
|
|
Name of birth mother (if known): ..... (first) .....
|
|
(middle) ..... (last), ..... (race).
|
|
Name of birth father (if known): ..... (first) .....
|
|
(middle) ..... (last), ..... (race).
|
|
Name(s) at birth of sibling(s) having a common birth
|
|
parent with adoptee (if known): ..... (first) ..... (middle) ..... (last), ..... (race), and name of common birth parent: ..... (first) ..... (middle) ..... (last), ..... (race).
|
|
I was adopted through: ..... (name of agency).
I was adopted privately: ..... (state "yes" if known).
I was adopted in ..... (city and state), ..... (approximate
|
|
|
Other identifying information: .............
......................
(signature of adoptee)
........... .........................(date) (printed name of adoptee)
(c) The form of the Surrendered Person Registration Identification shall be
substantially as follows:
SURRENDERED PERSON REGISTRATION
IDENTIFICATION
(Insert all known information)
I, ....., state the following:
Surrendered Person's present name: ..... (first) ..... |
|
|
Surrendered Person's name at birth (if known): .....
|
|
(first) ..... (middle) ..... (last), .....(birth date), ..... (city and state of birth), ...... (sex), ..... (race).
|
|
Name of guardian father: ..... (first) ..... (middle)
|
|
..... (last), ..... (race).
|
|
Maiden name of guardian mother: ..... (first) .....
|
|
(middle) ..... (last), ..... (race).
|
|
Name of birth mother (if known): ..... (first) .....
|
|
(middle) ..... (last) ..... (race).
|
|
Name of birth father (if known): ..... (first) .....
|
|
(middle) ..... (last), .....(race).
|
|
Name(s) at birth of sibling(s) having a common birth
|
|
parent with surrendered person (if known): ..... (first) ..... (middle) ..... (last), ..... (race), and name of common birth parent: ..... (first) ..... (middle) ..... (last), ..... (race).
|
|
I was surrendered for adoption to: ..... (name of agency).
I was surrendered for adoption in ..... (city and state),
|
|
..... (approximate date).
|
|
Other identifying information: ............
................................
(signature of surrendered person)
............ ......................(date) (printed name of person surrendered for adoption)
(c‑3) The form of the Registration Identification Form for Surviving Relatives of Deceased Birth Parents shall be substantially as follows:
REGISTRATION IDENTIFICATION FORM
FOR SURVIVING RELATIVES OF DECEASED BIRTH PARENTS
(Insert all known information)
I, ....., state the following:
Name of deceased birth parent at time of surrender:
Deceased birth parent's date of birth:
Deceased birth parent's date of death:
Adopted or surrendered person's name at birth (if known): |
|
.....(first) ..... (middle) ..... (last), .....(birth date), ..... (city and state of birth), ...... (sex), ..... (race).
|
|
My relationship to the adopted or surrendered person (check one): (birth parent's non‑surrendered child) (birth parent's sister) (birth parent's brother).
If you are a non‑surrendered child of the birth parent, provide name(s) at birth and age(s) of non‑surrendered siblings having a common parent with the birth parent. If more than one sibling, please give information requested below on reverse side of this form. If you are a sibling or parent of the birth parent, provide name(s) at birth and age(s) of the sibling(s) of the birth parent. If more than one sibling, please give information requested below on reverse side of this form.
Name (First) ..... (middle) ..... (last), .....(birth
|
|
date), ..... (city and state of birth), ...... (sex), ..... (race).
|
|
Name(s) of common parent(s) (first) ..... (middle) .....
|
|
(last), .....(race), (first) ..... (middle) ..... (last), .....(race).
|
|
My birth sibling/child of my brother/child of my sister/ was
|
|
surrendered for adoption to ..... (name of agency) City and state of agency ..... Date .....(approximate) Other identifying information ..... (Please note that you must: (i) be at least 21 years of age to register; (ii) submit with your registration a certified copy of the birth parent's birth certificate; (iii) submit a certified copy of the birth parent's death certificate; and (iv) if you are a non‑surrendered birth sibling or a sibling of the deceased birth parent, also submit a certified copy of your birth certificate with this registration. No application from a surviving relative of a deceased birth parent can be accepted if the birth parent filed a Denial of Information Exchange prior to his or her death.)
|
|
................................
(signature of birth parent's surviving relative)
............ ............(date) (printed name of birth parent's surviving relative) (c‑5) The form of the Registration Identification Form for Surviving Relatives of Deceased Adopted or Surrendered Persons shall be substantially as follows:
REGISTRATION IDENTIFICATION FORM FOR
SURVIVING RELATIVES OF DECEASED ADOPTED OR SURRENDERED PERSONS
(Insert all known information)
I, ....., state the following:
Adopted or surrendered person's name at birth (if known): |
|
(first) ..... (middle) ..... (last), .....(birth date), ..... (city and state of birth), ...... (sex), ..... (race).
|
|
Adopted or surrendered person's date of death:
My relationship to the deceased adopted or surrendered person(check one): (adoptive mother) (adoptive father) (adult child) (surviving spouse).
If you are an adult child or surviving spouse of the adopted
|
|
or surrendered person, provide name(s) at birth and age(s) of the children of the adopted or surrendered person. If the adopted or surrendered person had more than one child, please give information requested below on reverse side of this form.
|
|
Name (first) ..... (middle) ..... (last), .....(birth
|
|
date), ..... (city and state of birth), ...... (sex), ..... (race).
|
|
Name(s) of common parent(s) (first) ..... (middle) .....
|
|
(last), .....(race), (first) ..... (middle) ..... (last), .....(race).
|
|
My child/parent/deceased spouse was surrendered for
|
|
adoption to .....(name of agency) City and state of agency ..... Date ..... (approximate) Other identifying information ..... (Please note that you must: (i) be at least 21 years of age to register; (ii) submit with your registration a certified copy of the adopted or surrendered person's death certificate; (iii) if you are the child of a deceased adopted or surrendered person, also submit a certified copy of your birth certificate with this registration; and (iv) if you are the surviving wife or husband of a deceased adopted or surrendered person, also submit a copy of your marriage certificate with this registration. No application from a surviving relative of a deceased adopted or surrendered person can be accepted if the adopted or surrendered person filed a Denial of Information Exchange prior to his or her death.)
|
|
................................
(signature of adopted or surrendered person's surviving
relative) |
|
|
............ ............
(date) (printed name of adopted
person's surviving relative)
(d) The form of the Information Exchange Authorization shall be
substantially
as follows:
INFORMATION EXCHANGE AUTHORIZATION
I, ....., state that I am the person who completed the Registration
Identification; that I am of the age of ..... years; that I hereby
authorize the Department of Public Health to give to the following person(s)
(birth mother
)
(birth father) (birth sibling) (adopted or surrendered person
) (adoptive mother) (adoptive father) (legal guardian of an adopted or surrendered person) (birth aunt) (birth uncle) (adult child of a deceased adopted or surrendered person) (surviving spouse of a deceased adopted or surrendered person) (all eligible relatives) the following
(please check the
information
authorized for exchange):
[ ] 1. Only my name and last known address.
[ ] 2. A copy of my Illinois Adoption Registry
|
|
|
[ ] 3. A copy of the original certificate of live
|
|
|
[ ] 4. A copy of my completed medical
|
|
|
I am fully aware that I can only be supplied with
information about an individual or individuals who have
duly
executed an Information Exchange Authorization that
has
not been revoked; that I can be contacted by writing to: ..... (own name or
name of person to contact) (address) (phone number).
Dated (insert date).
.............. (signature)
(e) The form of the Denial of Information Exchange shall be
substantially as follows:
DENIAL OF INFORMATION EXCHANGE
I, ....., state that I am the person who completed the Registration
Identification; that I am of the age of ..... years; that I hereby
instruct the Department of Public Health not to give any identifying
information about me to the following person(s)
(birth mother) (birth father) (birth sibling)(adopted or surrendered person)(adoptive mother) (adoptive father)(legal guardian of an adopted or surrendered person)(birth aunt)(birth uncle)(adult child of a deceased adopted or surrendered person) (surviving spouse of a deceased adopted or surrendered person) (all eligible relatives)
;
that I do not wish to be contacted.
Dated (insert date).
............... (signature)
(f) The Information Exchange Authorization and the Denial of Information
Exchange shall be acknowledged by the birth parent,
birth sibling, adopted or surrendered
person, adoptive parent, or legal guardian before a notary
public, in form
substantially as follows:
State of ..............County of .............
I, a Notary Public, in and for the said County, in the State aforesaid,
do hereby certify that ............... personally known to me to be the
same person whose name is subscribed to the foregoing certificate of
acknowledgement, appeared before me in person and acknowledged that (he or
she) signed such certificate as (his or her) free and voluntary act and
that the statements in such certificate are true.
Given under my hand and notarial seal on (insert date).
.........................
(signature)
(g) When the execution of an Information Exchange
Authorization or a Denial of Information Exchange is acknowledged before a
representative of an agency, such representative shall have his signature
on said Certificate acknowledged before a notary public, in form substantially
as follows:
State of..........County of.........
I, a Notary Public, in and for the said County, in the State aforesaid,
do hereby certify that ..... personally known to me to be the same person
whose name is subscribed to the foregoing certificate of acknowledgement,
appeared before me in person and acknowledged that (he or she) signed such
certificate as (his or her) free and voluntary act and that the statements
in such certificate are true.
Given under my hand and notarial seal on (insert date).
.......................
(signature)
(h) When an Illinois Adoption Registry Application,
Information
Exchange Authorization or a Denial of
Information Exchange is executed in a foreign country, the
execution of such
document shall be acknowledged or affirmed before an officer of the United
States consular services.
(i) If the person signing an Information Exchange
Authorization or a Denial of Information is in the military service of the
United States, the execution of such document may be acknowledged before a
commissioned officer and the signature of such officer on such certificate
shall be verified or acknowledged before a notary public or by such other
procedure as is then in effect for such division or branch of the armed forces.
(j) The Department shall modify these forms as necessary to implement the
provisions of this amendatory Act of 1999 including creating Registration
Identification Forms for non‑surrendered birth siblings, adoptive parents and
legal guardians.
(Source: P.A. 93‑189, eff. 1‑1‑04; 94‑173, eff. 1‑1‑06.)
|
(750 ILCS 50/18.3a) (from Ch. 40, par. 1522.3a)
Sec. 18.3a. Confidential intermediary.
(a) General purposes.
Notwithstanding any other provision of
this Act, any
adopted or surrendered person 21 years of age or over, any adoptive parent or legal guardian
of
an adopted or surrendered person under the age of 21, or any birth parent of an adopted
or surrendered person who is 21 years of age or over may petition the court in any county in
the
State of Illinois for appointment of a confidential intermediary as provided in
this Section for the purpose of exchanging medical information with one or
more mutually consenting biological relatives, obtaining identifying
information about one or more mutually consenting biological relatives, or
arranging contact with one or more mutually consenting biological relatives.
Additionally, in cases where an adopted or surrendered person is deceased,
an adult child of the adopted
or surrendered person or his or her adoptive parents or surviving spouse may file a petition under this Section and in cases
where the birth parent is deceased,
an adult birth sibling of the adopted or surrendered person or of the deceased birth parent
may
file a petition under this Section for the purpose of exchanging medical
information with one or more mutually consenting biological relatives of the adopted or surrendered person,
obtaining identifying information about one or more mutually consenting
biological relatives of the adopted or surrendered person, or arranging contact with one or more mutually
consenting biological relatives of the adopted or surrendered person. Beginning January 1, 2006, any adopted or surrendered person 21 years of age or over; any adoptive parent or legal guardian of an adopted or surrendered person under the age of 21; any birth parent, birth sibling, birth aunt, or birth uncle of an adopted or surrendered person over the age of 21; any surviving child, adoptive parent, or surviving spouse of a deceased adopted or surrendered person who wishes to petition the court for the appointment of a confidential intermediary shall be required to accompany their petition with proof of registration with the Illinois Adoption Registry and Medical Information Exchange.
(b) Petition. Upon petition by an adopted or surrendered
person 21 years of age or over, an
adoptive parent or legal guardian of an adopted or surrendered person under the age of 21,
or a birth parent of an adopted or surrendered person who is 21 years of age or over, the
court
shall appoint a confidential intermediary. Upon petition by
an adult child, adoptive parent or surviving spouse of an adopted or surrendered person who is deceased, by an adult birth sibling of an adopted or surrendered person
whose common birth parent is deceased
and whose adopted or surrendered birth sibling is 21 years of age or over, or by an adult sibling of a birth parent who is deceased,
and whose surrendered child is 21 years of age or over, the court may appoint a confidential
intermediary if the court finds that the disclosure is of greater benefit than
nondisclosure.
The petition shall state which biological relative
or
relatives are being sought and shall indicate if the petitioner wants to do any
one or more of the following: exchange medical information with the
biological relative or relatives, obtain identifying information from the
biological relative or relatives, or to arrange contact with the biological
relative.
(c) Order. The order appointing the confidential intermediary shall allow
that
intermediary to conduct a search for the sought‑after relative by accessing
those records described in subsection (g) of this Section.
(d) Fees and expenses. The court shall condition the appointment of the
confidential intermediary on the petitioner's payment of the intermediary's
fees and expenses in advance of the commencement of the work of the
confidential intermediary.
(e) Eligibility of intermediary. The court may appoint as confidential
intermediary any
person certified by the Department of Children and Family Services as qualified to serve as a confidential
intermediary.
Certification shall be dependent upon the
confidential intermediary completing a course of training including, but not
limited to, applicable federal and State privacy laws.
(f) Confidential Intermediary Council. There shall be established under the
Department of Children and Family
Services a Confidential Intermediary Advisory Council. One member shall be an
attorney representing the Attorney General's Office appointed by the Attorney
General. One member shall be a currently certified confidential intermediary
appointed by the Director of the Department of Children and Family Services.
The Director shall also appoint 5 additional members. When making those
appointments, the Director shall consider advocates for adopted persons,
adoptive parents, birth parents, lawyers who represent clients in private
adoptions, lawyers specializing in privacy law, and representatives of agencies
involved in adoptions. The Director shall appoint one of the 7 members as
the chairperson. An attorney from the Department of Children and Family
Services
and the person directly responsible for administering the confidential
intermediary program shall serve as ex‑officio, non‑voting advisors to the
Council. Council members shall serve at the discretion of the Director and
shall receive no compensation other than reasonable expenses approved by the
Director. The Council shall meet no less than twice yearly, and shall make
recommendations to the Director regarding the development of rules, procedures,
and forms that will ensure efficient and effective operation of the
confidential intermediary process, including:
(1) Standards for certification for confidential
|
|
(2) Oversight of methods used to verify that
|
|
intermediaries are complying with the appropriate laws.
|
|
(3) Training for confidential intermediaries,
|
|
including training with respect to federal and State privacy laws.
|
|
(4) The relationship between confidential
|
|
intermediaries and the court system, including the development of sample orders defining the scope of the intermediaries' access to information.
|
|
(5) Any recent violations of policy or procedures by
|
|
confidential intermediaries and remedial steps, including decertification, to prevent future violations.
|
|
(g) Access. Subject to the limitations of subsection (i) of this
Section, the
confidential
intermediary shall have access to vital records maintained by the Department of
Public Health and its local designees for the maintenance of vital records and
all records of the court or any adoption agency,
public
or private, as limited in this Section, which relate to the adoption or the identity and location of an
adopted or surrendered person, of an adult child or surviving spouse of a deceased adopted or surrendered person, or of a birth
parent, birth sibling, or the sibling of a deceased birth parent. The
confidential intermediary shall not have access to any personal health
information protected by the Standards for Privacy of Individually
Identifiable Health Information adopted by the U.S. Department of Health and
Human Services under the Health Insurance Portability and Accountability Act of
1996 unless the confidential intermediary has obtained written consent from the
person whose information is being sought or, if that person is a minor child,
that person's parent or guardian. Confidential
intermediaries shall be authorized to inspect confidential relinquishment and
adoption records. The confidential intermediary shall not be authorized to
access medical
records, financial records, credit records, banking records, home studies,
attorney file records, or other personal records.
In cases where a birth parent is being sought, an adoption agency shall inform
the confidential intermediary of any statement filed pursuant to Section 18.3, hereinafter referred to as "the 18.3 statement",
indicating a desire of the surrendering birth parent to have identifying
information shared or to not have identifying information shared. If there was
a clear statement of intent by the sought‑after birth parent not to have
identifying information shared, the confidential intermediary shall discontinue
the search and inform the petitioning party of the sought‑after relative's
intent. Information
provided to the confidential intermediary by an adoption agency shall be
restricted to the full name, date of birth, place of birth, last known address,
last known telephone number of the sought‑after relative or, if applicable,
of the children or siblings of the sought‑after relative, and the 18.3 statement.
(h) Adoption agency disclosure of medical information. If the petitioner is
an adult adopted or surrendered person or the adoptive parent of a
minor and if the petitioner has signed a written authorization to disclose
personal medical information, an adoption agency disclosing information to a
confidential intermediary shall disclose available medical information about
the adopted or surrendered person from birth through adoption.
(i) Duties of confidential intermediary in conducting a search. In
conducting
a search under this Section, the confidential intermediary shall first confirm
that there is no Denial of Information Exchange on file with the Illinois
Adoption Registry. If the petitioner is an adult child of an adopted or surrendered person
who is deceased, the
confidential intermediary shall additionally confirm that the adopted or surrendered person
did not file a Denial of Information Exchange with the Illinois Adoption
Registry during his or her life. If the petitioner is an adult birth sibling of
an
adopted
or surrendered person or an adult sibling of a birth parent who is deceased,
the confidential intermediary shall
additionally confirm that the birth parent did not file a Denial of Information
Exchange with the Registry during his or her life. If the confidential
intermediary learns that a sought‑after birth parent signed a statement
indicating his or her intent not to have identifying information shared, and
did not later file an Information Exchange Authorization with the Adoption
Registry, the confidential intermediary shall discontinue the search and inform
the petitioning party of the birth parent's intent.
In conducting a search under this Section, the confidential intermediary
shall attempt to locate the relative or relatives from whom the petitioner has
requested information. If the sought‑after relative is deceased
or cannot be located after a diligent search, the
confidential intermediary may contact other adult relatives of the
sought‑after relative.
The confidential intermediary shall contact a sought‑after relative on
behalf of the petitioner in a manner that respects the sought‑after relative's
privacy and shall inform the sought‑after relative of the petitioner's request
for medical information, identifying information or contact as stated in the
petition. Based upon the terms of the petitioner's request, the confidential
intermediary shall contact a sought‑after relative on behalf of the petitioner
and inform the sought‑after relative of the following options:
(1) The sought‑after relative may totally reject one
|
|
or all of the requests for medical information, identifying information or contact. The sought‑after relative shall be informed that they can provide a medical questionnaire to be forwarded to the petitioner without releasing any identifying information. The confidential intermediary shall inform the petitioner of the sought‑after relative's decision to reject the sharing of information or contact.
|
|
(2) The sought‑after relative may consent to
|
|
completing a medical questionnaire only. In this case, the confidential intermediary shall provide the questionnaire and ask the sought‑after relative to complete it. The confidential intermediary shall forward the completed questionnaire to the petitioner and inform the petitioner of the sought‑after relative's desire to not provide any additional information.
|
|
(3) The sought‑after relative may communicate with
|
|
the petitioner without having his or her identity disclosed. In this case, the confidential intermediary shall arrange the desired communication in a manner that protects the identity of the sought‑after relative. The confidential intermediary shall inform the petitioner of the sought‑after relative's decision to communicate but not disclose his or her identity.
|
|
(4) The sought after relative may consent to
|
|
initiate contact with the petitioner. If both the petitioner and the sought‑after relative or relatives are eligible to register with the Illinois Adoption Registry, the confidential intermediary shall provide the necessary application forms and request that the sought‑after relative register with the Illinois Adoption Registry. If either the petitioner or the sought‑after relative or relatives are ineligible to register with the Illinois Adoption Registry, the confidential intermediary shall obtain written consents from both parties that they wish to disclose their identities to each other and to have contact with each other.
|
|
(j) Oath. The confidential intermediary shall sign an oath of
confidentiality substantially as follows: "I, .........., being duly sworn, on
oath depose and say: As a condition of appointment as a confidential
intermediary, I affirm that:
(1) I will not disclose to the petitioner, directly
|
|
or indirectly, any confidential information except in a manner consistent with the law.
|
|
(2) I recognize that violation of this oath subjects
|
|
me to civil liability and to a potential finding of contempt of court. ................................
|
|
SUBSCRIBED AND SWORN to before me, a Notary Public, on (insert
date)
................................."
(k) Sanctions.
(1) Any confidential intermediary who improperly
|
|
discloses confidential information identifying a sought‑after relative shall be liable to the sought‑after relative for damages and may also be found in contempt of court.
|
|
(2) Any person who learns a sought‑after relative's
|
|
identity, directly or indirectly, through the use of procedures provided in this Section and who improperly discloses information identifying the sought‑after relative shall be liable to the sought‑after relative for actual damages plus minimum punitive damages of $10,000.
|
|
(3) The Department shall fine any confidential
|
|
intermediary who improperly discloses confidential information in violation of item (1) or (2) of this subsection (k) an amount up to $2,000 per improper disclosure. This fine does not affect civil liability under item (2) of this subsection (k). The Department shall deposit all fines and penalties collected under this Section into the Illinois Adoption Registry and Medical Information Fund.
|
|
(l) Death of person being sought. Notwithstanding any other provision
of this Act, if the confidential intermediary discovers that the person
being sought has died, he or she shall report this fact to the court,
along with a copy of the death certificate.
(m) Any confidential information obtained by the confidential intermediary
during the course of his or her search shall be kept strictly confidential
and shall be used for the purpose of arranging contact between the
petitioner and the sought‑after birth relative. At the time the case is
closed, all identifying information shall be returned to the court for
inclusion in the impounded adoption file.
(n) If the petitioner is an adopted or surrendered person 21 years of age or over or the
adoptive parent or legal guardian of an adopted or surrendered person under the age
of 21, any
non‑identifying information, as defined in Section 18.4, that is
ascertained during the course of the search may be given in writing to
the petitioner before the case is closed.
(o) Except as provided in subsection (k) of this Section, no liability shall
accrue to
the State, any State agency, any judge, any officer or employee of the
court, any certified confidential intermediary, or any agency designated
to oversee confidential intermediary services for acts, omissions, or
efforts made in good faith within the scope of this Section.
(Source: P.A. 93‑189, eff. 1‑1‑04; 94‑173, eff. 1‑1‑06.)
|
