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Illinois General Assembly· SB 103Governor Approved

ADOPTION ACT, the official text

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SB0103 Enrolled                     LRB104 05884 JRC 15915 b

1   AN ACT concerning civil law.

2   Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4   Section 5. The Adoption Act is amended by changing

5 Sections 2 and 7 as follows:

6   (750 ILCS 50/2) (from Ch. 40, par. 1502)

7   Sec. 2. Who may adopt a child.

8   A. Any of the following persons, who is under no legal

9 disability (except the minority specified in sub-paragraph

10 (b)) and who has resided in the State of Illinois continuously

11 for a period of at least 6 months immediately preceding the

12 commencement of an adoption proceeding, or any member of the

13 armed forces of the United States who has been domiciled in the

14 State of Illinois for 90 days, may institute such proceeding:

15  (a) A reputable person of legal age and of either sex,

16  provided that if such person is married or in a civil union

17  and has not been living separate and apart from his or her

18  spouse or civil union partner for 12 months or longer, his

19  or her spouse or civil union partner shall be a party to

20  the adoption proceeding, including a spouse or civil union

21  partner desiring to adopt a child of the other spouse or

22  civil union partner, in all of which cases the adoption

23  shall be by both spouses or civil union partners jointly;
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1   (b) A minor, by leave of court upon good cause shown;.

2   (c) Notwithstanding sub-paragraph (a) of this

3   subsection, a spouse or civil union partner is not

4   required to join in a petition for adoption for the

5   adoption of an adult if a petitioner is a former

6   stepparent of that adult, or to re-adopt a child after an

7   intercountry adoption if the spouse or civil union partner

8   did not previously adopt the child as set forth in

9   subsections (c) and (e) of Section 4.1 of this Act. For

10  purposes of this Section, "former stepparent" means a

11  person who was married to, or in a civil union with, the

12  legal parent of the adult seeking to be adopted, and the

13  marriage or civil union has ended.

14  B. The residence requirement specified in paragraph A of

15 this Section shall not apply to:

16  (a) an adoption of a related child;

17  (a-1) an adoption of a child previously adopted in a

18  foreign country by the petitioner;

19  (b) an adoption of a child placed by an

20  Illinois-licensed child welfare agency performing adoption

21  services;

22  (c) an adoption of an adult by a former stepparent; or

23  (d) an adoption of a child born in this State who has

24  resided continuously in this State since birth, or a child

25  who has continuously resided in this State for at least 6

26  months immediately preceding the commencement of the
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1   adoption proceeding, if:

2   (1) an Illinois-licensed child welfare agency

3   performing adoption services has acknowledged a

4   consent or surrender of one or both of the biological

5   or legal parents of the child under this Act and the

6   Child Care Act of 1969; or

7   (2) an authorized person under Section 10 has

8   acknowledged a consent of one or both of the

9   biological or legal parents of the child and an

10  Illinois-licensed child welfare agency performing

11  adoption services has counseled the biological or

12  legal parent or parents of the child as to the birth

13  parent rights and responsibilities under the Child

14  Care Act of 1969 and the rules adopted thereunder.

15  C. A person may commence an adoption proceeding for a

16 youth in care only if the youth in care is placed with the

17 petitioning person or persons by the Department of Children

18 and Family Services at the time the petition is filed, and the

19 Department has provided its consent to the adoption or has

20 otherwise approved the adoption.

21  Nothing in this subsection precludes any rights under

22 Section 15.1 of this Act. The Department shall adopt rules or

23 procedures or both as to what constitutes its approval of the

24 adoption under this subsection.

25  D. Nothing in this Section overrides the requirements

26 contained in Public Act 94-586.
   SB0103 Enrolled   -4-  LRB104 05884 JRC 15915 b

1 (Source: P.A. 102-139, eff. 1-1-22; revised 7-24-24.)

2  (750 ILCS 50/7) (from Ch. 40, par. 1509)

3  Sec. 7. Process.

4  A. All persons named in the petition for adoption or

5 standby adoption, other than the petitioners and any party who

6 has previously either denied being a parent pursuant to

7 Section 12a of this Act or whose rights have been terminated

8 pursuant to Section 12a of this Act or under the Juvenile Court

9 Act of 1987, but including the person sought to be adopted,

10 shall be made parties defendant by name, and if the name or

11 names of any such persons are alleged in the petition to be

12 unknown such persons shall be made parties defendant under the

13 name and style of "All whom it may concern". In all such

14 actions petitioner or his attorney shall file, at the office

15 of the clerk of the court in which the action is pending, an

16 affidavit showing that the defendant resides or has gone out

17 of this State, or on due inquiry cannot be found, or is

18 concealed within this State, so that process cannot be served

19 upon him, and stating the place of residence of the defendant,

20 if known, or that upon diligent inquiry his place of residence

21 cannot be ascertained, the clerk shall cause publication to be

22 made in some newspaper published in the county in which the

23 action is pending. If there is no newspaper published in that

24 county, then the publication shall be in a newspaper published

25 in an adjoining county in this State, having a circulation in
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 1 the county in which such action is pending. In the event there
 2 is service on any of the parties by publication, the
 3 publication shall contain notice of pendency of the action,
 4 the name of the person to be adopted and the name of the
 5 parties to be served by publication, and the date on or after
 6 which default may be entered against such parties. Neither the
 7 name of petitioners nor the name of any party who has either
 8 surrendered said child, has given their consent to the
 9 adoption of the child, or whose parental rights have been
10 terminated by a court of competent jurisdiction shall be
11 included in the notice of publication. The Clerk shall also,
12 within 10 ten (10) days of the first publication of the notice,
13 send a copy thereof by mail, addressed to each defendant whose
14 place of residence is stated in such affidavit. The
15 certificate of the Clerk that he sent the copies pursuant to
16 this section is evidence that he has done so. Except as
17 provided in this section pertaining to service by publication,
18 all parties defendant shall be notified of the proceedings in
19 the same manner as is now or may hereafter be required in other
20 civil cases or proceedings, except that service of process
21 need not be directed to a minor defendant under 14 years of age
22 for whom a guardian ad litem has been or will be appointed
23 pursuant to paragraph (a) of subsection B of Section 13 of this
24 Act. Nothing in the provisions of the preceding sentence
25 stating that service of process need not be directed to a minor
26 defendant under 14 years of age for whom a guardian ad litem
    SB0103 Enrolled  -6-  LRB104 05884 JRC 15915 b

1 has been or will be appointed is intended to override any

2 provision of this Act which relates to information to which an

3 adopted person is entitled under Section 18.1 of this Act. Any

4 party defendant who is of age of 14 years or upward may waive

5 service of process by entering an appearance in writing. The

6 form to be used for publication shall be substantially as

7 follows: "ADOPTION NOTICE - STATE OF ILLINOIS, County of ....,

8 ss. - Circuit Court of .... County. In the matter of the

9 Petition for the Adoption of ...., a ..male child. Adoption

10 No. ..... To-- .... (whom it may concern or the named parent)

11 Take notice that a petition was filed in the Circuit Court of

12 .... County, Illinois, for the adoption of a child named .....

13 Now, therefore, unless you ...., and all whom it may concern,

14 file your answer to the Petition in the action or otherwise

15 file your appearance therein, in the said Circuit Court of

16 ...., County, Room ...., ...., in the City of ...., Illinois,

17 on or before the .... day of ...., a default may be entered

18 against you at any time after that day and a judgment entered

19 in accordance with the prayer of said Petition. Dated, ....,

20 Illinois, .... ...., Clerk. (Name and address of attorney for

21 petitioners.)

22  B. A minor defendant who has been served in accordance

23 with this Section may be defaulted in the same manner as any

24 other defendant.

25  C. Notwithstanding any inconsistent provision of this or

26 any other law, and in addition to the notice requirements of
    SB0103 Enrolled          -7-  LRB104 05884 JRC 15915 b

1 any law pertaining to persons other than those specified in

2 this subsection, the persons entitled to notice that a

3 petition has been filed under Section 5 of this Act shall

4 include:

5   (a) any person who at the time of the filing of the

6   petition is adjudicated by a court in this State to be the

7   father of the child, unless a court of competent

8   jurisdiction has terminated the person's parental rights;

9   (b) any person who at the time of the filing of the

10  petition is adjudicated by a court of another state or

11  territory of the United States to be the father of the

12  child, when a certified copy of the court order has been

13  filed with the Putative Father Registry under Section 12.1

14  of this Act, unless a court of competent jurisdiction has

15  terminated the person's parental rights;

16  (c) any person who at the time of the filing of the

17  petition is registered in the Putative Father Registry

18  under Section 12.1 of this Act as the putative father of

19  the child, unless a court of competent jurisdiction has

20  determined that the person is not the parent of the child

21  or has terminated the person's parental rights;

22  (d) any person who is recorded on the child's birth

23  certificate as the child's parent, unless a court of

24  competent jurisdiction has determined the person is not

25  the parent of the child or has terminated the person's

26  parental rights father;
    SB0103 Enrolled  -8-  LRB104 05884 JRC 15915 b

1   (e) any person who is openly living with the child or

2   the child's mother at the time the proceeding is initiated

3   and who holds out the child as that person's child, unless

4   a court of competent jurisdiction has determined the

5   person is not the parent of the child or has terminated the

6   person's parental rights is holding himself out to be the

7   child's father;

8   (f) any person who has been identified as the child's

9   parent father by the mother in a written, sworn statement,

10  including an Affidavit of Identification as specified

11  under Section 11 of this Act, unless a court of competent

12  jurisdiction has determined the person is not the parent

13  of the child or has terminated the person's parental

14  rights;

15  (g) any person who was married to the child's mother

16  on the date of the child's birth or within 300 days prior

17  to the child's birth, unless a court of competent

18  jurisdiction has determined the person is not the parent

19  of the child or has terminated the person's parental

20  rights.

21  The sole purpose of notice under this Section shall be to

22 enable the person receiving notice to appear in the adoption

23 proceedings to present evidence to the court relevant to

24 whether the consent or surrender of the person to the adoption

25 is required pursuant to Section 8 of this Act. If the court

26 determines that the consent or surrender of the person is not
   SB0103 Enrolled  -9-  LRB104 05884 JRC 15915 b

1 required pursuant to Section 8, then the person shall not be
2 entitled to participate in the proceedings or to any further
3 notice of the proceedings.
4 (Source: P.A. 97-988, eff. 1-1-13.)

5  Section 98. Applicability. This Act applies only to

6 petitions filed on or after its effective date.

7  Section 99. Effective date. This Act takes effect January

8 1, 2026.
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