Before starting to search for a child to adopt or an agency to assist you, it is important that you understand how the adoption
laws in Illinois may affect your decisions. Making informed decisions is the best way of increasing your chances of adopting a child. By way of example, we have listed below a few of the important
parts of Illinois child adoption law including such topics as advertising, adoption expenses, and the critical issue of ending the biological parental rights (called a Consent, Relinquishment or Surrender).
State Regulation of Adoption Expenses
Birth Parent Expenses Allowed
Citation: 720 ILCS 525/4; 4.1
Reasonable living expenses, including lodging, clothing, and food, where need is demonstrated
Reasonable and actual medical and hospital charges
Reasonable attorney's fees, with permission from the court
Birth Parent Expenses Not Allowed
Citation: 720 ILCS 525/4.1(a)
'Reasonable living expenses' does not include lost wages, gifts, educational expenses, or other similar expenses.
Payment of living expenses shall not extend beyond 30 days after the birth of the child.
Allowable Payments for Arranging Adoption
Citation: 720 ILCS 525/1
No person or organization, except a child welfare agency, shall request or accept any compensation for placing a child.
Allowable Payments for Relinquishing Child
Citation: 720 ILCS 525/4.1(d)
Payment of living expenses shall not obligate birth parents to place the child for adoption.
Petitioners shall have no right to seek reimbursement in the event that the birth parents choose not to place the child for adoption.
Accounting of Expenses Required by Court
Citation: 720 ILCS 525/4.1(e); 750 ILCS 50/14(a)
Petitioners must file an accounting of all living expenses paid to the biological parents.
The accounting shall include vouchers for all expenditures, receipts for all cash payments, and copies of all checks written.
Each party involved must file an affidavit of all hospital and medical costs, legal and counseling fees, and other expenditures.
Consent to Adoption
Who Must Consent to an Adoption
Citation: Cons. Stat. Ch. 750 § 50/8(b)
Consent is required of the following persons:
The mother
The father if the father:
Was married to the mother on the date of birth of the child or within 300 days before the birth of the child
Is the father by adoption, an order of parentage, or an acknowledgment of parentage or paternity
Openly lived with the child, the child's biological mother, or both, and held himself out to be the child's biological father
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
Has maintained substantial and continuous or repeated contact with the child
Has registered in a timely manner with the Putative Father Registry
The legal guardian of the person of the child, if there is no surviving parent
An agency, if the child has been surrendered for adoption to such agency
Any person or agency having legal custody of a child by court order, if the parental rights of the parents have been terminated
Age When Consent of Adoptee is Considered or Required
Citation: Comp. Stat. Ch. 750 § 50/12
A child age 14 or older must consent. The court may waive consent if child is in need of mental treatment or is mentally retarded.
When Parental Consent is not Needed
Citation: Comp. Stat. Ch. 750 § 50/8(a)
Consent is not required when the person whose consent or surrender would otherwise be required shall be found by the court:
To be an unfit person
Not to be the biological or adoptive father of the child
To have waived his or her parental rights to the child
To be the parent of an adult sought to be adopted
To be the father of the child as a result of criminal sexual abuse or assault
To be the father of a child who:
Is a family member of the mother of the child, and the mother is under age of 18 at the time of the child's conception
Is at least 5 years older than the child's mother, and the mother was under age 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
When Consent Can Be Executed
Citation: Comp. Stat. Ch. 750 § 50/9
The mother's consent shall not be taken less than 72 hours after the child's birth. A father may consent before or after the birth of the child.
Consent may be given to a standby adoption by a terminally ill parent, to become effective when the parent dies or requests finalization.
Revocation of Consent
Citation: Comp. Stat. Ch. 750 §§ 50/11; 50/9
A consent to adoption by a parent, including a minor, shall be irrevocable unless it was obtained by fraud or duress. No action to void or revoke a consent, including an action based on fraud or duress,
may be commenced after 12 months from the date the consent was executed.
The consent or surrender of a parent who is a minor shall not be voidable because of such minority.
If the father consents before the birth of the child, such consent may be revoked within 72 hours after the birth.
Rights of Presumed (Putative) Fathers
Registry/Paternity Requirements to Receive Notice
Citation: 750 ILCS 50/12.1(b)
The putative father may register before the birth of the child, but no later than 30 days after the child's birth.
The registration must be in writing and signed by the putative father.
Please visit adoption law in Illinois for more details. |