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Illinois Adoption Laws On Petitions, Contents, Verification, And Filing
To view the different Illinois adoption laws, Illinois lawyers, which include Chicago lawyers and attorneys, refer to the Illinois Complied Statutes Chapter 750 ILCS 50/ – Adoption Act. Illinois law, including Chicago law, provides the following rules on petitions, contents, verification, and filing.(750 ILCS 50/5)
Sec. 5. Petition, contents, verification, filing.
A. A proceeding to adopt a child, other than a related child, shall
be commenced by the filing of a petition within 30 days after such child
has become available for adoption, provided that such petition may be
filed at a later date by leave of court upon a showing that the failure
to file such petition within such 30 day period was not due to the
petitioners' culpable negligence or their willful disregard of the
provisions of this Section. In the case of a child born outside the
United States or a territory thereof, if the prospective adoptive
parents of such child have been appointed guardians of such child by a
court of competent jurisdiction in a country other than the United
States or a territory thereof, such parents shall file a petition as
provided in this Section within 30 days after entry of the child into
the United States. A petition to adopt an adult or a related child may
be filed at any time. A petition for adoption may include more than one
person sought to be adopted.
B. A petition to adopt a child other than a related child shall
state:
(a) The full names of the petitioners and, if minors, their
respective ages;
(b) The place of residence of the petitioners and the length
of residence of each in the State of Illinois immediately preceding
the filing of the petition;
(c) When the petitioners acquired, or intend to acquire,
custody of the child, and the name and address of the persons or
agency from whom the child was or will be received;
(d) The name, the place and date of birth if known, and the
sex of the child sought to be adopted;
(e) The relationship, if any, of the child to each petitioner;
(f) The names, if known, and the place of residence, if known,
of the parents; and whether such parents are minors, or otherwise
under any legal disability. The names and addresses of the parents
shall be omitted and they shall not be made parties defendant to the
petition if (1) the rights of the parents have been terminated by a
court of competent jurisdiction, or (2) if the child has been
surrendered to an agency, or (3) if the parent or parents have been
served with the notice provided in Section 12a of this Act and said
parent or parents have filed a disclaimer of paternity as therein
provided or have failed to file such declaration of paternity or a
request for notice as provided in said Section;
(g) If it is alleged that the child has no living parent, then
the name of the guardian, if any, of such child and the court which
appointed such guardian;
(h) If it is alleged that the child has no living parent and
that no guardian of such child is known to petitioners, then the
name of a near relative, if known, shall be set forth, or an
allegation that no near relative is known and on due inquiry cannot
be ascertained by petitioners;
(i) The name to be given the child or adult;
(j) That the person or agency, having authority to consent
under Section 8 of this Act, has consented, or has indicated
willingness to consent, to the adoption of the child by the
petitioners, or that the person having authority to consent is an
unfit person and the ground therefore, or that no consent is required
under paragraph (f) of Section 8 of this Act;
(k) Whatever orders, judgments or decrees have heretofore been
entered by any court affecting (1) adoption or custody of the child,
or (2) the adoptive, custodial or parental rights of either
petitioner, including the prior denial of any petition for adoption
pertaining to such child, or to the petitioners, or either of them.
C. A petition to adopt a related child shall include the
information specified in sub-paragraphs (a), (b), (d), (e), (f), (i) and
(k) of paragraph B and a petition to adopt an adult shall contain the
information required by sub-paragraphs (a), (b) and (i) of paragraph B
in addition to the name, place, date of birth and sex of such adult.
D. The petition shall be verified by the petitioners.
E. Upon the filing of the petition the petitioners shall furnish
the Clerk of the Court in which the petition is pending such information
not contained in such petition as shall be necessary to enable the Clerk
of such Court to complete a certificate of adoption as hereinafter
provided.
F. A petition for standby adoption shall conform to the
requirements of this Act with respect to petition contents,
verification, and filing. The petition for standby adoption shall also
state the facts concerning the consent of the child's parent to the
standby adoption. A petition for standby adoption shall include the
information in paragraph B if the petitioner seeks to adopt a child
other than a related child. A petition for standby adoption shall
include the information in paragraph C if the petitioner seeks to adopt
a related child or adult.
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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