99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3079
 
Introduced , by Rep. Keith P. Sommer
 
SYNOPSIS AS INTRODUCED:












750 ILCS 50/2 from Ch. 40, par. 1502
750 ILCS 50/4.1 from Ch. 40, par. 1506
750 ILCS 50/5 from Ch. 40, par. 1507
750 ILCS 50/13 from Ch. 40, par. 1516

 Amends the Adoption Act. Provides for the re-adoption and confirmation of the foreign adoption decree of a child adopted in a foreign country. Provides documentation and procedural requirements. Adds provisions governing adoption by married parents, parents who subsequently divorce and re-marry, and parents who have entered into a civil union. Makes corresponding changes.



LRB099 08115 HEP 28264 b


 
 
A BILL FOR
 


HB3079LRB099 08115 HEP 28264 b



1 AN ACT concerning civil law.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Adoption Act is amended by changing Sections 
52, 4.1, 5, and 13 as follows:



6 (750 ILCS 50/2) (from Ch. 40, par. 1502)



7 Sec. 2. Who may
adopt a child.

8 A. Any of the following persons, who is under no legal 
9disability
(except the minority specified in sub-paragraph 
10(b)) and who has resided in
the State of Illinois continuously 
11for a period of at least 6 months
immediately preceding the 
12commencement of an adoption proceeding, or any
member of the 
13armed forces of the United States who has been domiciled in
the 
14State of Illinois for 90 days, may
institute such proceeding:

15  (a) A reputable person of legal age and of either sex, 
16 provided that if
such person is married or in a civil union 
17 and has not been living separate and apart from his or
her 
18 spouse or civil union partner for 12 months or longer, his 
19 or her spouse or civil union partner shall be a party to 
20 the
adoption
proceeding, including a spouse or civil union 
21 partner husband or wife desiring to adopt a child of the

22 other spouse or civil union partner, in all of which cases 
23 the adoption shall be by both spouses or civil union 
 
 
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1 partners
jointly;

2  (b) A minor, by leave of court upon good cause shown.

3 Notwithstanding sub-paragraph (a) of this subsection, a 
4spouse or civil union partner is not required to join in a 
5petition for adoption to re-adopt a child after an intercountry 
6adoption if the spouse or civil union partner did not 
7previously adopt the child as set forth in subsections (c) and 
8(e) of Section 4.1 of this Act. 
9 B. The residence requirement specified in paragraph A of 
10this Section
shall not apply to:
11  (a) an adoption of a related child or child previously 
12 adopted in a foreign country by the petitioner; or
13  (b) an adoption of a child placed by an agency.

14(Source: P.A. 98-804, eff. 1-1-15.)





15 (750 ILCS 50/4.1) (from Ch. 40, par. 1506)


16 Sec. 4.1. Adoption between multiple jurisdictions. 
17 (a) The Department of Children and Family Services shall 
18promulgate rules regarding the approval and regulation of 
19agencies providing, in this State, adoption services, as 
20defined in Section 2.24 of the Child Care Act of 1969, which 
21shall include, but not be limited to, a requirement that any 
22agency shall be licensed in this State as a child welfare 
23agency as defined in Section 2.08 of the Child Care Act of 
241969. Any out-of-state agency, if not licensed in this State as 
25a child welfare agency, must obtain the approval of the 
 
 
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1Department in order to act as a sending agency, as defined in 
2Section 1 of the Interstate Compact on Placement of Children 
3Act, seeking to place a child into this State through a 
4placement subject to the Interstate Compact on the Placement of 
5Children. An out-of-state agency, if not licensed in this State 
6as a child welfare agency, is prohibited from providing in this 
7State adoption services, as defined by Section 2.24 of the 
8Child Care Act of 1969; shall comply with Section 12C-70 of the 
9Criminal Code of 2012; and shall provide all of the following 
10to the Department:
11  (1) A copy of the agency's current license or other 
12 form of authorization from the approving authority in the 
13 agency's state. If no license or authorization is issued, 
14 the agency must provide a reference statement, from the 
15 approving authority, stating that the agency is authorized 
16 to place children in foster care or adoption or both in its 
17 jurisdiction.
18  (2) A description of the program, including home 
19 studies, placements, and supervisions, that the child 
20 placing agency conducts within its geographical area, and, 
21 if applicable, adoptive placements and the finalization of 
22 adoptions. The child placing agency must accept continued 
23 responsibility for placement planning and replacement if 
24 the placement fails.
25  (3) Notification to the Department of any significant 
26 child placing agency changes after approval.
 
 
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1  (4) Any other information the Department may require. 
2 The rules shall also provide that any agency that places 
3children for
adoption in this State may not, in any policy or 
4practice relating to the
placement of children for adoption, 
5discriminate against any child or
prospective adoptive parent 
6on the basis of race.

7 (a-5) (Blank).
8 (b) Interstate Adoptions.
9  (1) All interstate adoption placements under this Act 
10 shall comply with the Child Care Act of 1969 and the 
11 Interstate Compact on
the Placement of Children. The 
12 placement of children with relatives by the Department of 
13 Children and Family Services shall also comply with 
14 subsection (b) of Section 7 of the Children and Family 
15 Services Act.
16  (2) If an adoption is finalized prior to bringing or 
17 sending a child to this State, compliance with the 
18 Interstate Compact on the Placement of Children is not 
19 required.

20 (c) Intercountry Adoptions.
21  (1) The adoption of a child, if the child is a habitual 
22 resident of a country other than the United States and the 
23 petitioner is a habitual resident of the United States, or, 
24 if the child is a habitual resident of the United States 
25 and the petitioner is a habitual resident of a country 
26 other than the United States, shall comply with the 
 
 
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1 Intercountry Adoption Act of 2000, as amended, and the 
2 Immigration and Nationality Act, as amended.
3  (2) The Department of Children and Family Services 
4 shall maintain the office of Intercountry Adoption 
5 Coordinator in order to maintain and protect the rights of 
6 prospective adoptive parents and children participating in 
7 an intercountry adoption and shall develop ongoing 
8 programs of support and services to such prospective 
9 adoptive parents and children.
10  (3) In the case of an intercountry adoption of a child 
11 by an Illinois resident, the Department shall promulgate 
12 rules concerning preadoption requirements, which shall 
13 include, but not be limited to, requirements relating to 
14 home studies conducted by licensed child welfare agencies 
15 and requirements relating to supporting documentation 
16 concerning the prospective adoptive parent's suitability 
17 to adopt a child.
18  (4) The Intercountry Adoption Coordinator shall 
19 determine whether all preadoption requirements have been 
20 met by a prospective adoptive parent. The Intercountry 
21 Adoption Coordinator shall also determine whether the 
22 prospective adoptive parent is suitable as the adoptive 
23 parent. In determining suitability to adopt, the 
24 Intercountry Adoption coordinator shall give considerable 
25 weight to the home study, but is not bound by it. Even if 
26 the home study is favorable, the Intercountry Adoption 
 
 
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1 Coordinator must issue a denial letter if, on the basis of 
2 all the information provided, the Intercountry Adoption 
3 Coordinator finds, for a specific and articulable reason, 
4 that the prospective adoptive parent has failed to 
5 establish that he or she is suitable as the adoptive 
6 parent.
7  (5) The Intercountry Adoption Coordinator shall issue 
8 an endorsement letter, indicating that all preadoption 
9 requirements have been met, or a denial letter, indicating 
10 the specific preadoption requirements that have not been 
11 met, no later than 21 days from receipt of the home study 
12 from the child welfare agency. If, upon receipt of the home 
13 study, the Intercountry Adoption Coordinator determines 
14 that more information is required before any determination 
15 can be made with respect to compliance with the preadoption 
16 requirements, the Intercountry Adoption Coordinator shall, 
17 within 7 days of receipt of the home study, provide notice 
18 describing the additional information, via facsimile or 
19 through electronic communication, to the licensed child 
20 welfare agency and the adoptive parent. Within 21 days of 
21 receipt of the additional information, the Intercountry 
22 Adoption Coordinator shall provide the child welfare 
23 agency with an endorsement letter or a denial letter. The 
24 Intercountry Adoption Coordinator shall mail a copy of the 
25 endorsement letter or denial letter to the prospective 
26 adoptive parent at the same time that the Intercountry 
 
 
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1 Adoption Coordinator provides the letter to the child 
2 welfare agency.
3  (6) If the Intercountry Adoption Coordinator issues a 
4 denial letter, a prospective adoptive parent shall have the 
5 right to a review. The Intercountry Adoption Coordinator 
6 shall include in its denial letter notification advising 
7 the prospective adoptive parent of the right to seek a 
8 review, by the Director of the Department, of the 
9 determination, if requested in writing within 30 days of 
10 receipt of the denial letter. Failure to submit such a 
11 request within 30 days waives the prospective parent's 
12 right to a review.
13   (i) The review by the Director shall include, but 
14 is not limited to, a review of documentation submitted 
15 by the prospective adoptive parent and, if requested by 
16 the prospective adoptive parent, a telephone 
17 conference or a mutually convenient in-person meeting 
18 with the Director, or the Director's designated 
19 representative, to allow the prospective adoptive 
20 parent to present the facts and circumstances 
21 supporting the request for the endorsement letter.
22   (ii) The Director shall issue a decision within 30 
23 days of receipt of the request for review.
24   (iii) If the Director concurs with the original 
25 denial letter of the Intercountry Adoption 
26 Coordinator, the Director's decision shall be 
 
 
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1 considered a final decision and the prospective 
2 adoptive parent shall have all rights and remedies to 
3 which he or she is entitled under applicable law, 
4 including a mandamus action under Article XIV of the 
5 Code of Civil Procedure and an action under the federal 
6 Civil Rights Act, 42 U.S.C. 1983.
7  (7) In the case of an intercountry adoption finalized 
8 in another country, where a complete and valid Order of 
9 Adoption is issued from that country to an Illinois 
10 resident, as determined by the United States Department of 
11 State, this State shall not impose any additional 
12 preadoption requirements.
13  (8) The Department of Children and Family Services 
14 shall provide a report to the General Assembly, on an 
15 annual basis for the preceding year, beginning on September 
16 1 of each year after the effective date of this amendatory 
17 Act of the 98th General Assembly. The report shall provide 
18 non-identifying statistical data on the endorsement and 
19 denial letters and the requests for review of denial 
20 letters and shall contain, but not limited to, the 
21 following:
22   (i) the number of endorsement letters issued by the 
23 Intercountry Adoption Coordinator;
24   (ii) the number of denial letters issued by the 
25 Intercountry Adoption Coordinator;
26   (iii) the number of requests for review of denial 
 
 
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1 letters;
2   (iv) the number of denial letter reviews which 
3 resulted in a reversal by the Director and an 
4 endorsement letter being issued; and
5   (v) the basis of each denial letter and the basis 
6 of each reversal of the denial letter in a particular 
7 case.

8 (d) (Blank).

9 (e) Re-adoption after an intercountry adoption.
10  (1) Any time after a minor child has been adopted in a 
11 foreign country and has immigrated to the United States, 
12 the adoptive parent or parents of the child may petition 
13 the court for a judgment of adoption to re-adopt the child 
14 and confirm the foreign adoption decree.
15  (2) The petitioner must submit to the court one or more 
16 of the following to verify the foreign adoption:
17   (i) an immigrant visa for the child issued by 
18 United States Citizenship and Immigration Services of 
19 the U.S. Department of Homeland Security that was valid 
20 at the time of the child's immigration;
21   (ii) a decree, judgment, certificate of adoption, 
22 adoption registration, or equivalent court order, 
23 entered or issued by a court of competent jurisdiction 
24 or administrative body outside the United States, 
25 establishing the relationship of parent and child by 
26 adoption; or
 
 
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1   (iii) such other evidence deemed satisfactory by 
2 the court.
3  (3) The child's immigrant visa shall be prima facie 
4 proof that the adoption was established in accordance with 
5 the laws of the foreign jurisdiction and met United States 
6 requirements for immigration.
7  (4) If the petitioner submits documentation that 
8 satisfies the requirements of paragraph (2), the court 
9 shall not appoint a guardian ad litem for the minor who is 
10 the subject of the proceeding, shall not require any 
11 further termination of parental rights of the child's 
12 biological parents, nor shall it require any home study, 
13 investigation, post-placement visit, or background check 
14 of the petitioner.
15  (5) The petition may include a request for change of 
16 the child's name and any other request for specific relief 
17 that is in the best interests of the child. The relief may 
18 include a request for a revised birth date for the child if 
19 supported by evidence from a medical or dental professional 
20 attesting to the appropriate age of the child or other 
21 collateral evidence.
22  (6) Two adoptive parents who adopted a minor child 
23 together in a foreign country while married to one another 
24 may file a petition for adoption to re-adopt the child 
25 jointly, regardless of whether their marriage has been 
26 dissolved. If either parent whose marriage was dissolved 
 
 
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1 has subsequently remarried or entered into a civil union 
2 with another person, the new spouse or civil union partner 
3 shall not join in the petition to re-adopt the child, 
4 unless the new spouse or civil union partner is seeking to 
5 adopt the child. If either adoptive parent does not join in 
6 the petition, he or she must be joined as a party 
7 defendant. The defendant parent's failure to participate 
8 in the re-adoption proceeding shall not affect the existing 
9 parental rights or obligations of the parent as they relate 
10 to the minor child, and the parent's name shall be placed 
11 on any subsequent birth record issued for the child as a 
12 result of the re-adoption proceeding.
13  (7) An adoptive parent who adopted a minor child in a 
14 foreign country as an unmarried person may file a petition 
15 for adoption to re-adopt the child as a sole petitioner, 
16 even if the adoptive parent has subsequently married or 
17 entered into a civil union.
18  (8) If one of the adoptive parents who adopted a minor 
19 child dies prior to a re-adoption proceeding, the deceased 
20 parent's name shall be placed on any subsequent birth 
21 record issued for the child as a result of the re-adoption 
22 proceeding. 
23(Source: P.A. 98-455, eff. 1-1-14.)





24 (750 ILCS 50/5) (from Ch. 40, par. 1507)



25 Sec. 5. Petition, contents, verification, filing. 

 
 
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1 A. A proceeding to adopt a child, other than a related 
2child, shall be
commenced by the filing of a petition within 30 
3days after such child has
become available for adoption, 
4provided that such petition may be filed at
a later date by 
5leave of court upon a showing that the failure to file such

6petition within such 30 day period was not due to the 
7petitioners' culpable
negligence or their wilful disregard of 
8the provisions of this Section.
In the case of a child born 
9outside the United States or a territory
thereof, if the 
10prospective adoptive parents of such child have been
appointed 
11guardians of such child by a court of competent jurisdiction in 
12a
country other than the United States or a territory thereof, 
13such parents
shall file a petition as provided in this Section 
14within 30 days after
entry of the child into the United States. 
15A petition to adopt an adult or a
related child may be filed at 
16any time. A petition for adoption may include
more than one 
17person sought to be adopted.

18 B. A petition to adopt a child other than a related child 
19shall state:


20  (a) The full names of the petitioners and, if minors, 
21 their respective
ages;


22  (b) The place of residence of the petitioners and the 
23 length of
residence of each in the State of Illinois 
24 immediately preceding the filing
of the petition;


25  (c) When the petitioners acquired, or intend to 
26 acquire, custody of the
child, and the name and address of 
 
 
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1 the persons or agency from whom the
child was or will be 
2 received;


3  (d) The name, the place and date of birth if known, and 
4 the sex of the
child sought to be adopted;


5  (e) The relationship, if any, of the child to each 
6 petitioner;


7  (f) The names, if known, and the place of residence, if 
8 known, of the
parents; and whether such parents are minors, 
9 or otherwise under any legal
disability. The names and 
10 addresses of the parents shall be omitted and
they shall 
11 not be made parties defendant to the petition if (1) the 
12 rights
of the parents have been terminated by a court of 
13 competent jurisdiction,
or (2) the child has been 
14 surrendered to an agency, or (3) the parent
or parents have 
15 been served with the notice provided in Section 12a of this

16 Act and said parent or parents have filed a disclaimer of 
17 paternity as
therein provided or have failed to file such 
18 declaration of paternity or a
request for notice as 
19 provided in said Section, or (4) the parent is a putative 
20 father or legal father of the child who has waived his 
21 parental rights by signing a waiver as provided in 
22 subsection S of Section 10;


23  (g) If it is alleged that the child has no living 
24 parent, then the name
of the guardian, if any, of such 
25 child and the court which appointed such
guardian;


26  (h) If it is alleged that the child has no living 
 
 
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1 parent and that no
guardian of such child is known to 
2 petitioners, then the name of a near
relative, if known, 
3 shall be set forth, or an allegation that no near
relative 
4 is known and on due inquiry cannot be ascertained by 
5 petitioners;


6  (i) The name to be given the child or adult;


7  (j) That the person or agency, having authority to 
8 consent under Section
8 of this Act, has consented, or has 
9 indicated willingness to consent, to
the adoption of the 
10 child by the petitioners, or that the person having

11 authority to consent is an unfit person and the ground 
12 therefor, or that no
consent is required under paragraph 
13 (f) of Section 8 of this Act;


14  (k) Whatever orders, judgments or decrees have 
15 heretofore been entered
by any court affecting (1) adoption 
16 or custody of the child, or (2) the
adoptive, custodial or 
17 parental rights of either petitioner, including the
prior 
18 denial of any petition for adoption pertaining to such 
19 child, or to
the petitioners, or either of them.

20 C. A petition to adopt a related child shall include the 
21information
specified in sub-paragraphs (a), (b), (d), (e), 
22(f), (i) and (k) of
paragraph B and a petition to adopt an 
23adult shall contain the information
required by sub-paragraphs 
24(a), (b) and (i) of paragraph B in addition to
the name, place, 
25date of birth and sex of such adult.

26 D. The petition shall be verified by the petitioners.

 
 
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1 E. Upon the filing of the petition the petitioners shall 
2furnish the
Clerk of the Court in which the petition is pending 
3such information not
contained in such petition as shall be 
4necessary to enable the Clerk of
such Court to complete a 
5certificate of adoption as hereinafter provided.

6 F. A petition for standby adoption shall conform to the 
7requirements of
this Act with respect to petition contents, 
8verification, and filing. The
petition for standby adoption 
9shall also state the facts concerning the consent
of the 
10child's parent to the standby adoption. A petition for
standby 
11adoption shall include the information in paragraph B if the 
12petitioner
seeks to adopt a child other than a related child. A 
13petition
for standby adoption shall include the information in 
14paragraph C if the
petitioner seeks to adopt a related child or 
15adult.

16 G. A petition for adoption to re-adopt a child after an 
17intercountry adoption shall include the information specified 
18in sub-paragraphs (a), (b), (c), (d), (e), (i) and (k) of 
19paragraph B. 
20(Source: P.A. 97-493, eff. 8-22-11.)





21 (750 ILCS 50/13) (from Ch. 40, par. 1516)



22 Sec. 13. Interim order. As soon as practicable after the 
23filing of a
petition for adoption the court shall hold a 
24hearing for the following
purposes:

25 A. In other than an adoption of a related child or an 
 
 
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1adoption through
an agency, or of an adult:


2  (a) To determine the validity of the consent, provided 
3 that the
execution of a consent pursuant to this Act shall 
4 be prima facie evidence
of its validity, and provided that 
5 the validity of a consent shall not be
affected by the 
6 omission therefrom of the names of the petitioners or

7 adopting parents at the time the consent is executed or 
8 acknowledged, and
further provided that the execution of a 
9 consent prior to the filing of a
petition for adoption 
10 shall not affect its validity.


11  (b) To determine whether there is available suitable 
12 temporary custodial
care for a child sought to be adopted.

13 B. In all cases except standby adoptions and re-adoptions:


14  (a) The court shall appoint some licensed attorney 
15 other than the State's
attorney acting in his or her 
16 official capacity as guardian ad
litem to represent a child 
17 sought to be adopted. Such guardian ad litem
shall have 
18 power to consent to the adoption of the child, if such 
19 consent
is required.


20  (b) The court shall appoint a guardian ad litem for all 
21 named minors or
defendants who are persons under legal 
22 disability, if any.


23  (c) If the petition alleges a person to be unfit 
24 pursuant to the
provisions of subparagraph (p) of paragraph 
25 D of Section 1 of this Act,
such person shall be 
26 represented by counsel. If such person is indigent
or an 
 
 
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1 appearance has not been entered on his behalf at the time 
2 the matter
is set for hearing, the court shall appoint as 
3 counsel for him either the
Guardianship and Advocacy 
4 Commission, the public defender, or, only if no
attorney 
5 from the Guardianship and Advocacy Commission or the public 
6 defender
is available, an attorney licensed to practice law 
7 in this State.


8  (d) If it is proved to the satisfaction of the court, 
9 after such
investigation as the court deems necessary, that 
10 termination of parental
rights and temporary commitment of 
11 the child to an agency or to a person
deemed competent by 
12 the court, including petitioners, will be for the
welfare 
13 of the child, the court may order the child to be so 
14 committed and
may terminate the parental rights of the 
15 parents and declare the child a
ward of the court or, if it 
16 is not so proved, the court may enter such
other order as 
17 it shall deem necessary and advisable.


18  (e) Before an interim custody order is granted under 
19 this
Section,
service of
summons shall be had upon the 
20 parent or parents whose rights have not been
terminated, 
21 except as provided in subsection (f). Reasonable notice and

22 opportunity to be heard shall be given to
the
parent or 
23 parents after service of summons when the address of the 
24 parent or
parents is available. The party seeking an 
25 interim custody order shall make
all reasonable efforts to 
26 locate the parent or parents of the child or children
they 
 
 
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1 are seeking to adopt and to notify the parent or parents of 
2 the party's
request for an interim custody order pursuant 
3 to this Section.


4  (f) An interim custody order may be granted without 
5 notice upon
presentation to the court of a written 
6 petition, accompanied by an affidavit,
stating that
there 
7 is an immediate danger to the child and that irreparable 
8 harm will result
to the child if notice is given to the 
9 parent or parents or legal guardian.
Upon making a finding 
10 that there is an immediate danger to the child if
service 
11 of process is had upon and notice of hearing is given to 
12 the parent or
parents or
legal guardian prior to the entry 
13 of an order granting temporary custody to
someone other 
14 than a parent or legal guardian, the court may enter an 
15 order of
temporary custody which shall expire not more than 
16 10 days after its entry.
Every ex parte custody order 
17 granted without notice shall state the injury
which the 
18 court sought to avoid by granting the order, the 
19 irreparable injury
that would have occurred had notice been 
20 given, and the reason the order was
granted without notice.

21 The matter shall be set down for full hearing before the 
22 expiration of the ex
parte order and will be heard after 
23 service of summons is had upon and notice
of hearing is 
24 given to the parent or parents or legal guardian.
At the 
25 hearing the burden of proof shall be upon the party seeking 
26 to extend
the interim custody order to show that the order 
 
 
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1 was properly granted without
notice and that custody should 
2 remain with the party seeking to adopt during
the pendency 
3 of the adoption proceeding. If the interim custody order is

4 extended, the reasons for granting the extension shall be 
5 stated in the
order.

6 C. In the case of a child born outside the United States or 
7a
territory thereof, if the petitioners have previously been 
8appointed
guardians of such child by a court of competent 
9jurisdiction in a country
other than the United States or a 
10territory thereof, the court may order
that the petitioners 
11continue as guardians of such child.

12 D. In standby adoption cases:


13  (a) The court shall appoint a licensed attorney other 
14 than the State's
Attorney
acting in his or her official 
15 capacity as guardian ad litem to represent a
child sought 
16 to be
adopted. The guardian ad litem shall have power to 
17 consent to the adoption of
the child,
if consent is 
18 required.


19  (b) The court shall appoint a guardian ad litem for all 
20 named minors or
defendants
who are persons under legal 
21 disability, if any.


22  (c) The court lacks jurisdiction to proceed on the 
23 petition for standby
adoption if the child has a living 
24 parent, adoptive parent, or adjudicated
parent whose 
25 rights have not been terminated and whose whereabouts are 
26 known,
unless the parent consents to the standby adoption 
 
 
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1 or, after
receiving notice of the hearing on the standby 
2 adoption petition, fails to
object to the appointment of a 
3 standby adoptive parent at the
hearing on the petition.


4  (d) The court shall investigate as needed for the 
5 welfare of the child and
shall
determine whether the 
6 petitioner or petitioners shall be permitted to adopt.

7(Source: P.A. 90-14, eff. 7-1-97; 90-349, eff. 1-1-98; 91-572, 
8eff.
1-1-00.)