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To research the different Illinois adoption laws, Chicago attorneys and other attorneys in Illinois, refer to the Illinois Complied Statutes Chapter 750 ILCS 50/ – Adoption Act. Illinois laws provide the following rules on consents and surrenders for purposes of adoption.

(750 ILCS 50/8)
Sec. 8. Consents to adoption and surrenders for purposes of
adoption.
(a) Except as hereinafter provided in this Section consents or
surrenders shall be required in all cases, unless the person whose
consent or surrender would otherwise be required shall be found by the
court:
(1) to be an unfit person as defined in Section 1 of this Act,
by clear and convincing evidence; or
(2) not to be the biological or adoptive father of the child;
or
(3) to have waived his parental rights to the child under
Section 12a or 12.1 of this Act; or
(4) to be the parent of an adult sought to be adopted; or
(5) to be the father of the child as a result of criminal
sexual abuse or assault as defined under Article 12 of the Criminal
Code of 1961.
(b) Where consents are required in the case of an adoption of a
minor child, the consents of the following persons shall be sufficient:
(1) (A) The mother of the minor child; and
(B) The father of the minor child, if the father:
(i) was married to the mother on the date of birth of the
child or within 300 days before the birth of the child, except
for a husband or former husband who has been found by a court
of competent jurisdiction not to be the biological father of
the child; or
(ii) is the father of the child under a judgment for
adoption, an order of parentage, or an acknowledgment of
parentage or paternity pursuant to subsection (a) of Section 5
of the Illinois Parentage Act of 1984; or
(iii) in the case of a child placed with the adopting
parents less than 6 months after birth, openly lived with the
child, the child's biological mother, or both, and held himself
out to be the child's biological father during the first 30
days following the birth of the child; or
(iv) in the case of a child placed with the adopting
parents less than 6 months after birth, 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 before the expiration of 30
days following the birth of the child, provided that the court
may consider in its determination all relevant circumstances,
including the financial condition of both biological parents;
or
(v) in the case of a child placed with the adopting
parents more than 6 months after birth, has maintained
substantial and continuous or repeated contact with the child
as manifested by: (I) the payment by the father toward the
support of the child of a fair and reasonable sum, according to
the father's means, and either (II) the father's visiting the
child at least monthly when physically and financially able to
do so and not prevented from doing so by the person or
authorized agency having lawful custody of the child, or (III)
the father's regular communication with the child or with the
person or agency having the care or custody of the child, when
physically and financially unable to visit the child or
prevented from doing so by the person or authorized agency
having lawful custody of the child. The subjective intent of
the father, whether expressed or otherwise unsupported by
evidence of acts specified in this sub-paragraph as manifesting
such intent, shall not preclude a determination that the father
failed to maintain substantial and continuous or repeated
contact with the child; or
(vi) in the case of a child placed with the adopting
parents more than six months after birth, openly lived with the
child for a period of six months within the one year period
immediately preceding the placement of the child for adoption
and openly held himself out to be the father of the child; or
(vii) has timely registered with Putative Father
Registry, as provided in Section 12.1 of this Act, and prior to
the expiration of 30 days from the date of such registration,
commenced legal proceedings to establish paternity under the
Illinois Parentage Act of 1984 or under the law of the
jurisdiction of the child's birth; or
(2) The legal guardian of the person of the child, if there is
no surviving parent; or
(3) An agency, if the child has been surrendered for adoption
to such agency; or
(4) Any person or agency having legal custody of a child by
court order if the parental rights of the parents have been
judicially terminated, and the court having jurisdiction of the
guardianship of the child has authorized the consent to the
adoption; or
(5) The execution and verification of the petition by any
petitioner who is also a parent of the child sought to be adopted
shall be sufficient evidence of such parent's consent to the
adoption.
(c) Where surrenders to an agency are required in the case of a
placement for adoption of a minor child by an agency, the surrenders of
the following persons shall be sufficient:
(1) (A) The mother of the minor child; and
(B) The father of the minor child, if the father:
(i) was married to the mother on the date of birth of the
child or within 300 days before the birth of the child, except
for a husband or former husband who has been found by a court
of competent jurisdiction not to be the biological father of
the child; or
(ii) is the father of the child under a judgment for
adoption, an order of parentage, or an acknowledgment of
parentage or paternity pursuant to subsection (a) of Section 5
of the Illinois Parentage Act of 1984; or
(iii) in the case of a child placed with the adopting
parents less than 6 months after birth, openly lived with the
child, the child's biological mother, or both, and held himself
out to be the child's biological father during the first 30
days following the birth of a child; or
(iv) in the case of a child placed with the adopting
parents less than 6 months after birth, 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 before the expiration of 30
days following the birth of the child, provided that the court
may consider in its determination all relevant circumstances,
including the financial condition of both biological parents;
or
(v) in the case of a child placed with the adopting
parents more than six months after birth, has maintained
substantial and continuous or repeated contact with the child
as manifested by: (I) the payment by the father toward the
support of the child of a fair and reasonable sum, according to
the father's means, and either (II) the father's visiting the
child at least monthly when physically and financially able to
do so and not prevented from doing so by the person or
authorized agency having lawful custody of the child or (III)
the father's regular communication with the child or with the
person or agency having the care or custody of the child, when
physically and financially unable to visit the child or
prevented from doing so by the person or authorized agency
having lawful custody of the child. The subjective intent of
the father, whether expressed or otherwise, unsupported by
evidence of acts specified in this sub-paragraph as manifesting
such intent, shall not preclude a determination that the father
failed to maintain substantial and continuous or repeated
contact with the child; or
(vi) in the case of a child placed with the adopting
parents more than six months after birth, openly lived with the
child for a period of six months within the one year period
immediately preceding the placement of the child for adoption
and openly held himself out to be the father of the child; or
(vii) has timely registered with the Putative Father
Registry, as provided in Section 12.1 of this Act, and prior to
the expiration of 30 days from the date of such registration,
commenced legal proceedings to establish paternity under the
Illinois Parentage Act of 1984, or under the law of the
jurisdiction of the child's birth.
(d) In making a determination under subparagraphs (b)(1) and
(c)(1), no showing shall be required of diligent efforts by a person or
agency to encourage the father to perform the acts specified therein.
(e) In the case of the adoption of an adult, only the consent of
such adult shall be required.

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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