ILLINOIS

 A reputable adult of either sex who has lived in Illinois for at least 6months may adopt. If the adoption is through a public child welfare orlicensed child welfare agency or is a relative adoption, then the 6-monthresidency requirement does not apply. If the adoptive parent is in the armedforces, only 90 days residence is required. If the person is married her orhis spouse must file jointly, even if a stepparent is seeking to adopt. Aminor may also adopt if the court finds good cause for it. Preference is givento adoptive parents of the same religious beliefs.

Who Can Be Adopted?

 Any child or adult may be adopted. If the adoptee is an adult she or he musthave first lived with the adoptive parents for at least 2 years before theadoption proceeding, unless the adoptee and adoptive parents are related.

Consent to Adoption

 The following persons must consent to the adoption:

 (1) mother, legal guardian, or agency having legal custody of the child;

 (2) the adoptee, if 14 years of age or older, unless the adoptee is found tobe in need of mental treatment or is mentally retarded;

 (3) the father, if:

 he has openly lived with the child for 6 months within the year before thechild was placed for adoption, and he has openly held himself to be the father;or

 he was married to the mother within 300 days prior to the birth (unless hewas found not to be the father); or

 if the child was placed less than 6 months after birth, he openly lived withthe child or the mother and held himself out to be the biological father duringthe first 30 days after birth or made a good faith effort to pay for theexpenses of the birth and the financial support of the child within 30 days ofthe birth; or

 if the child was placed more than 6 months after birth, he maintainedsubstantial and continuous contact with the child or lived with the child for 6months of the prior year; or

 he has timely registered with the Registry and commenced paternityproceedings within 30 days.

 (4) any person or agency having legal custody of the child by court order dueto the termination of parental rights or who is the legal guardian of the childif there is no surviving parent.

 Consent is not required of the following persons:

 (1) the parent if he is found to be an unfit person, or the person beingadopted is an adult;

 (2) the parent if parental rights have been terminated or waived;

 (3) the putative father of the child if he is found not to be the biologicalfather.

 The putative father shall be notified of the mother's intent to place thechild for adoption, that if he wishes to retain his rights to the child he has30 days to respond, and if he does not respond his rights will be terminated.

 Consent to adoption must take place 72 hours or more after the birth of thechild. However, the consent of the father may take place before the birth ofthe child. His consent may be revoked within 72 hours of the birth of thechild if he notifies the representative whom he gave his consent to of hisrevocation.

 Consent not revoked within 72 hours is irrevocable unless it has been obtainedby fraud or duress. No action to revoke a consent can occur for any reasonafter 12 months from the date the consent was given.

Putative Father Registry

 The Department of Children and Family Services shall establish a PutativeFather Registry to determine the identity and location of a putative father inorder to provide him with notice of an adoption proceeding. A putative fathermay register with the Department before the birth of the child or within 30days after the birth.

 Persons intending to adopt a child, a child welfare agency with permission toplace a child, the mother of the child, and an attorney representing aprospective adoptive parent may access relevant putative father information.If a putative father fails to register as indicated above, he loses his rightto assert an interest in the child unless he proves by clear and convincingevidence that it was impossible for him to register within the time allottedthrough no fault of his own and he registered within 10 days of it becomingpossible.

 The people entitled to notice by the registry include:

 any person determined by the court to be the father or

 any person who has registered with the Registry in the manner indicatedabove or

 any person recorded to be the father on the birth certificate or

 any person living with the child or the mother at the time of the proceedingwho holds himself out to be the father or

 any person identified as the father by a sworn, written statement of themother or

 any person who was married to the mother within 300 days of the birth.

Confidentiality

 All adoption records shall be impounded by the court and opened forexamination only on a specific court order. The words ``illegitimate"or the words ``born out of wedlock" shall not be used in the adoptionproceeding in any respect and all identifying information will be changed sothat only initials, pseudonyms, or numbers can be viewed.

 The Department of Public Health shall maintain a Registry to provideidentifying information to mutually consenting adoptees and biological parents.A biological parent may submit a written Statement indicating whetheridentifying information can be released. Any adoptee who is 21 years of age orolder, and any adoptee under 21 with the written consent of the adoptiveparent, may also indicate in writing whether identifying information can bereleased or not. These releases may also be revoked. Identifying informationascertained from the Registry shall only be released on a court order, or ifboth adoptee and biological parent have mutually consented.

 The adoption agency or court will automatically provide the adoptive parentswith general non-identifying information, such as the medical history and theracial/ethnic background of the adoptee's family.

Permissible Fees

 No compensation shall be paid for placing of a child.

Place of Adoption Hearing

 The hearing may take place in the county where the adoptive parents live,where the adoptee lives or was born, or where the adoptee's natural parentslive. But if an agency has custody of the child (or the court has appointed aguardian for the adoptee) then the hearing may take place in any county.

Authority To Place Child

 Any agency which has authority to place a child shall be licensed as a childwelfare agency in Illinois, shall be licensed as a child placement agency inanother State which is a party to the InterState Compact on the Placement ofChildren, or shall be licensed as a child-placing agency in another country. Achild placement agency in a noncompact State may place a child if the agencyfirst files a bond of surety with the Department of Children and FamilyServices.

Relative Adoption

 An investigation, which needs to occur prior to adoption, does not need totake place if a relative is seeking to adopt the child unless the court ordersan investigation. Also, the requirement that the adoptive parent live in theState for at least 6 months does not apply to relative adoptions.

Special Circumstances

 Any foster parent who has cared for the adoptee for a period of 1 year or moreshall be given preference in adoption.

State Law: FullText

Not available in electronic form at this time for this state, sorry.

Attorney Referral Service

Illinois State Bar Association
424 South Second Street
Springfield, IL 62701
(217) 525-1760

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