Illinois Lawyer Referrals and Legal Guidance
Illinois Adoption Laws On Interim Order
To view the different Illinois adoption laws, Chicago lawyers, and other Illinois attorneys refer to the Illinois Complied Statutes Chapter 750 ILCS 50/ – Adoption Act. Illinois law provides the following rules on interim order.
(750 ILCS 50/13)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 there from 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 50/13.1)
Sec. 13.1. Order for standby adoption.
(a) If it is proved to the satisfaction of the court, after such
investigation as the court deems necessary, that the child's parent
consents to or fails to object to the standby adoption and adoption by
the petitioner will be for the welfare of the child, the court may enter
an order for standby adoption. However, the consenting terminally ill
parent's parental rights may not be terminated until consent becomes
effective.
(b) The order for standby adoption shall be final as to all
findings and shall be followed in the judgment of adoption 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.
(c) Once the standby adoptive parent receives knowledge of the
death of the terminally ill parent, or the terminally ill parent
requests that a final judgment for adoption be entered, the standby
adoptive parent shall have 60 days to apply for a judgment for adoption.
(Source: P.A. 91-572, eff. 1-1-00.)
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