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Illinois Adoption Laws On Judgment
To research the different Illinois adoption laws, Illinois lawyers, including Chicago lawyers, refer to the Illinois Complied Statutes Chapter 750 ILCS 50/ – Adoption Act. Illinois law provides the following rules on judgment.
(750 ILCS 50/14)
Sec. 14. Judgment.
(a) Prior to the entry of the judgment for order of adoption in any
case other than an adoption of a related child or of an adult, each
petitioner and each person, agency, association, corporation,
institution, society or organization involved in the adoption of the
child, except a child welfare agency, shall execute an affidavit setting
forth the hospital and medical costs, legal fees, counseling fees, and
any other fees or expenditures paid in accordance with the Adoption
Compensation Prohibition Act.
(b) Before the entry of the judgment for adoption, each child
welfare agency involved in the adoption of the child shall file an
affidavit concerning the costs, expenses, contributions, fees,
compensation, or other things of value which have been given, promised,
or received including but not limited to hospital and medical costs,
legal fees, social services, living expenses, or any other expenses
related to the adoption paid in accordance with the Adoption
Compensation Prohibition Act.
If the total amount paid by the child welfare agency is $4,500 or
more, the affidavit shall contain an itemization of expenditures.
If the total amount paid by the child welfare agency is less than
$4,500, the agency may file an unitemized affidavit stating that the
total amount paid is less than $4,500 unless the court, in its
discretion, requires that agency to file an itemized affidavit.
(c) No affidavit need be filed in the case of an adoption of a
related child or an adult, nor shall an affidavit be required to be
filed by a non-consenting parent, or by any judge, or clerk, involved in
an official capacity in the adoption proceedings.
(d) All affidavits filed in accordance with this Section shall be
under penalty of perjury and shall include, but are not limited to,
hospital and medical costs, legal fees, social services, living expenses
or any other expenses related to the adoption or to the placement of the
child, whether or not the payments are permitted by applicable laws.
(e) Upon the expiration of 6 months after the date of any interim
order vesting temporary care, custody and control of a child, other than
a related child, in the petitioners, entered pursuant to this Act, the
petitioners may apply to the court for a judgment of adoption. Notice
of such application shall be served by the petitioners upon the
investigating agency or the person making such investigation, and the
guardian ad litem. After the hearing on such application, at which the
petitioners and the child shall appear in person, unless their presence
is waived by the court for good cause shown, the court may enter a
judgment for adoption, provided the court is satisfied from the report
of the investigating agency or the person making the investigation, and
from the evidence, if any, introduced, that the adoption is for the
welfare of the child and that there is a valid consent, or that no
consent is required as provided in Section 8 of this Act.
(f) A judgment for adoption of a related child, an adult, or a
child as to whose adoption an agency or person authorized by law has the
right of authority to consent may be entered at any time after service
of process and after the return day designated therein.
(f-5) A standby adoption judgment may be entered upon notice of the
death of the terminally ill parent or upon the terminally ill parent's
request that a final judgment for adoption be entered. The notice must
be provided to the court within 60 days after the standby adoptive
parent's receipt of knowledge of death of the terminally ill parent or
the terminally ill parent's request that a final judgment for adoption
be entered. If the court finds that adoption is for the welfare of the
child and that there is a valid consent, including consent for standby
adoption, which is still in effect, or that no consent is required under
Section 8 of the Act, a judgment for adoption shall be entered unless
the court finds by clear and convincing evidence that it is no longer in
the best interest of the child for the adoption to be finalized.
(g) No special findings of fact or certificate of evidence shall be
necessary in any case to support the judgment.
(h) Only the circuit court that entered the judgment of the
adoption may order the issuance of any contents of the court file or
that the original birth record of the adoptee be provided to any
persons.
(Source: P.A. 91-572, eff. 1-1-00.)
(750 ILCS 50/14a)
Sec. 14a. After any court has acquired jurisdiction over the person
of any child in an adoption proceeding, if such child dies before entry
of final judgment, upon petition by the intended adoptive parent or
parents suggesting the death of the child and asking that the court
proceed in absence of the child to enter a final judgment, in the
presence of the adoptive parent or parents who are parties to the
record, the court shall proceed to hearing and final judgment to enable
the child to have the intended name by adoption. Otherwise the court
may dismiss the proceeding.
In the case of an adoption proceeding commenced after the death of
the person sought to be adopted, the intended adoptive parent or parents
shall not, by reason of such adoption, acquire any interest in the
estate of such deceased person, nor shall the intended adoptive parent
or parents acquire any other right or incur any duty or obligation with
respect to such deceased person.
(Source: P.A. 89-644, eff. 1-1-97.)
(750 ILCS 50/14b)
Sec. 14b. Death of intended adoptive parent prior to entry of
judgment. After any court has acquired jurisdiction over the person of
any intended adoptive parent in an adoption proceeding, if the intended
adoptive parent dies before entry of final judgment, upon petition by
the other intended adoptive parent or the child's guardian ad litem
suggesting the death of the intended adoptive parent and asking that the
court proceed in absence of the deceased intended adoptive parent to
enter a final judgment, in the presence of the other intended adoptive
parent or the child to be adopted who is a party to the record, the
court shall proceed to hearing and final judgment to enable the child to
have the intended name by adoption. Otherwise the court may dismiss the
proceeding.
This amendatory Act of the 91st General Assembly shall apply to all
cases in which the court acquired jurisdiction of the person of any
intended adoptive parent in an adoption proceeding, if such jurisdiction
was acquired on or after November 1, 1997.
(Source: P.A. 91-573, eff. 1-1-00.)
Many Illinois lawyers including numerous Chicago lawyers have made Illinois adoption law the focus of their practice. Please do not hesitate to contact us for a referral to an Illinois attorney that can assist you.
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