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(750 ILCS 50/1) (from chap. 40, para. 1501)
Sek. 1.The definition.As used in this Act, unless the context otherwise requires:
A. “Child” means a person under the legal age who is required to be adopted under this Act.
B. “Relative Child” means an adoptable child where one or both adoptive parents are related to the child by one or both of the following blood, marriage, adoption, or civil partnerships: parent, grandparent, great-grandparent, brother, sister, step-parent, step-grandparent, step-brother, stepsister, uncle, aunt, great-uncle, great-aunt, first cousin or second cousin. A person is related to the child as a first or second cousin if both are related to the same ancestor, either as grandchildren or great-grandchildren. A child whose parents have given consent to adoption, surrender or renunciation under Section 10 of this Act, or whose parents have signed a refusal of paternity under Section 12 of the Vital Records Act or Section 12a of this Act, or whose parent to whom the parental rights are not a related child of that person unless (1) the consent is declared invalid or is invalid under subsection O of Section 10 of this Act; or (2) the parent of the person The child has given consent for adoption by one or more specified persons pursuant to Section 10 Subsection A-1 of this Act and a court of competent jurisdiction finds that such consent is invalid. or (3) the order terminating the parent's parental rights is overturned by a court of competent jurisdiction.
C. "Agency" for purposes of this Act means a public child welfare agency or a licensed child welfare agency.
D. “Unfit Person” means any person found by the Court to be unfit to bear a Child without regard to the likelihood of the Child being put up for Adoption. Grounds of unfitness shall be one or more of the following, except that a person shall not be deemed unfit solely because he or she has abandoned a child under the Abandoned Newborn Protection Act:
(a) Abandonment of the Child.
(a-1) Abandonment of a newborn in a hospital.
(a-2) Exposure of a newborn to any environment
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| when the evidence indicates that the parent intended to waive their parental rights.
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(b) failure to comply with a reasonable level
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| Interest, concern or responsibility for the well-being of the child.
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(c) Abandoning the child for more than 3 months
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| next before the adoption process begins.
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(d) Significant neglect of the child, if ongoing or
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(d-1) Significant neglect, if continuous or repeated,
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| of a child living in the household, which led to the death of this child.
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(e) Extreme or repeated cruelty to the child.
(f) There is a rebuttable presumption that may be
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| Only clear and compelling evidence can overcome a parent's unfitness when:
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(1) There are two or more reports of physical abuse
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| have been registered in respect of children under section 2-21 of the Juvenile Courts Act 1987, the most recent of which has been determined by the juvenile court hearing the matter to be supported by clear and convincing evidence; or
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(2) The parent has been convicted or found not to be
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| guilty of mental illness and the conviction or determination resulted from the death of a child from physical abuse; or
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(3) Physical child abuse has been established
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| resulting from the death of a child under Section 2-21 of the Juvenile Courts Act 1987.
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No conviction or determination of a criminal offense under
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| Article V of the Juvenile Courts Act 1987 shall be deemed to be a criminal conviction for the purposes of applying a presumption under this point (f).
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(g) failure to protect the child from conditions
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| is harmful to the well-being of the child in his/her environment.
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(h) Other neglect or misconduct towards the child;
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| provided that the court hearing the adoption proceeding shall not, in determining unfitness, be bound by any previous finding, order or judgment affecting or determining the rights of the parents against the child to be adopted in any other proceeding, save for such Proceedings terminating parenting rights under this Act, the Juvenile Courts Act or the Juvenile Courts Act 1987.
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(i) depravity. condemnation of one of the
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| The following offenses establish a presumption that a parent is depraved, which can be rebutted only by clear and convincing evidence: (1) First-degree murder in violation of Section 9-1 subsection (a) paragraph (1) or (2). of the Penal Code 1961 or the Penal Code 2012 or conviction of second degree murder in violation of Section 9-2 subsection (a) of the Penal Code 1961 or the Penal Code 2012 of a parent of the child to be adopted; (2) first or second degree murder of a child in violation of the 1961 Penal Code or the 2012 Penal Code; (3) attempting or conspiring to commit first or second degree murder of a child in violation of the Penal Code 1961 or the Penal Code 2012; (4) soliciting the murder of a child, soliciting the murder of a child for wages, or soliciting the second-degree murder of a child in violation of the Criminal Code 1961 or the Criminal Code 2012; (5) predatory criminal sexual assault on a child in violation of Section 11-1.40 or 12-14.1 of the Penal Code 1961 or the Penal Code 2012; (6) heinous bodily harm to a child in violation of the Penal Code 1961; (7) grievous bodily harm to a child in violation of the Penal Code 1961 or the Penal Code 2012; (8) any breach of Section 11-1.20 or Section 12-13 of the Criminal Code 1961 or the Criminal Code 2012; (9) any breach of Section 11-1.50 subsection (a) or Section 12-16 of the Criminal Code 1961 or the Criminal Code 2012; (10) any breach of Section 11-9.1 of the Penal Code 1961 or the Penal Code 2012; (11) any breach of Section 11-9.1A of the Penal Code 1961 or the Penal Code 2012; or (12) an offense in any other State, the elements of which are similar and materially related to any of the offenses listed in this subsection (i).
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There is a rebuttable presumption that it is a parent
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| depraved if the parent has been convicted of three or more felonies under the laws of that state or any other state, or under the federal law or the criminal statutes of any US territory; and at least one of those convictions occurred within five years of the filing of the request or request to terminate parental rights.
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There is a rebuttable presumption that it is a parent
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| depraved if that parent has been criminally convicted of first or second degree murder of a person within the meaning of the Criminal Code 1961 or the Criminal Code 2012 within 10 years of the filing date of the petition or request to terminate parental rights.
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No conviction or determination of a criminal offense under
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| Article 5 of the Juvenile Courts Act 1987 shall be deemed to be a criminal conviction for the purposes of applying a presumption under this point (i).
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(j) Open and flagrant adultery or fornication.
(j-1) (Learn).
(k) Habitual intoxication or drug addiction, other
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| as prescribed by a physician, for at least one year immediately prior to the commencement of the unfitness proceeding.
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There is a rebuttable presumption that it is a parent
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| disqualify under this subsection in respect of a child born to that parent if there is a confirmed test result that the child's blood, urine or meconium at birth contains any amount of a controlled substance as defined in subsection (f) of Section 102 of the Illinois Controlled Substances Act contained, or metabolites of such substances, the presence of which in the newborn is not attributable to medical treatment by the mother or the newborn; and the biological mother of that child is the biological mother of at least one other child who has been classified as a neglected minor under Section 2-3 subsection (c) of the Juvenile Courts Act 1987.
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(l) Failure to provide an adequate level of evidence
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| An interest, concern or responsibility regarding the well-being of a newborn child during the first 30 days after birth.
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(m) failure of a parent to (i) act appropriately
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| Efforts to correct the conditions which formed the basis for the child's removal from his or her parent for a period of nine months following the ruling on the neglected or abused minor under Section 2-3 of the Juvenile Courts Act 1987 or the dependent minor under Section 2 -4 of this Act or (ii) make reasonable progress in returning the child to the parent during a period of 9 months following the ruling on the neglected or abused minor under section 2-3 of the Juvenile Courts Act 1987 or dependent minor under section 2 -4 of this law. If a service plan was prepared under Section 8.2 of the Abusive and Neglected Child Reporting Act to correct the conditions that formed the basis of the child's removal from the parent, and if those services were available, then for the purposes of this According to the U.S Act includes “failure to make reasonable progress in returning the child to the parent” the parent's failure to substantially comply with its roster obligations and to correct the conditions that resulted in the child's death in a period of nine months after the decision was taken under Section 2-3 or 2-4 of the Juvenile Courts Act 1987. Notwithstanding any other provision, where a petition or application seeks to exercise parental rights on the basis of point (ii) of this subsection (m) to end which Claimant will file and serve on the parties a brief with the Court stating the nine-month period or periods to which it relies. The brief must be filed and served on the parties no later than three weeks before the date set by the court for the completion of the disclosure, and the allegations in the brief will be deemed incorporated into the petition or motion. A Defendant's failure to file a written plea denial of the allegations will not be deemed an admission that the allegations are true.
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(m-1) (Read).
(n) Evidence of intent to forego parental education
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| Rights, whether or not the child is a court guardian, (1) as evidenced by a failure over a 12-month period to: (i) visit the child, (ii ) communicate with the child or the authority, even though he is able to do so and is not prevented by an authority or court order, or (iii) maintain contact with the child or plan for his future, even though he is physically able to do so able, or (2) as by default of the father if he and the child's mother were unmarried at the time of the child's birth, (i) a court proceeding to establish his paternity under the Illinois Parentage Act of 1984 and the Illinois Parentage Act 2015 or the law of the jurisdiction in which the child was born, within 30 days after he has been notified under Section 12a of that Act that he is the father or probable father of the child, or after he has been informed of it has been informed, if the child has not yet been born, within 30 days of the child's birth, or (ii) make good faith efforts to pay a reasonable amount of the costs associated with the birth of the child and a reasonable price To provide an amount of financial support to the child, the court must take into account all relevant circumstances, including the financial situation of both parents, in making its decision. provided that the cause of termination provided for in this subparagraph (n)(2)(ii) applies only if the request is made by the mother or the mother's husband.
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Contact or communication by a parent with his or her
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| A child who does not show affection and care does not constitute appropriate contact and planning under subsection(s). Unless there is evidence to the contrary, the individual is presumed to be able to visit, to communicate to keep in touch, pay expenses and plan for the future. The parent's subjective intent, whether expressed or not, and not supported by evidence that the foregoing parental actions express that intent, does not preclude a finding that the parent intended to waive their parental rights. In making this determination, the court may, but need not require, consideration of evidence of diligent efforts by an authorized body to encourage the parent to perform the acts specified in subsection (n).
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It is an affirmative defense against any allegation
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| Under paragraph (2) of this subsection, the father's failure is due to circumstances beyond his control or obstacles caused by the mother or another person having custody. The proof of this fact need be furnished only by preponderance of evidence.
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(o) Repeated or persistent parental failure,
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| Although physically and financially able to provide the child with adequate food, clothing or shelter.
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(p) Inability to discharge parental responsibilities
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| supported by competent evidence from a psychiatrist, licensed clinical social worker or clinical psychologist of having an intellectual impairment, mental illness or intellectual disability as defined in Section 1-116 of the Mental Health and Developmental Disabilities Act or a developmental disability as defined in Section 1-106 this Code and there is reasonable grounds to believe that the inability to discharge parental responsibilities will continue beyond a reasonable period of time. However, nothing in this subsection (p) shall be construed as authorizing a licensed clinical social worker to conduct medical diagnosis to determine a mental illness or intellectual disability.
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(q) (Read).
(r) the child is in temporary custody or
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| Guardianship of the Department of Children and Family Services, the parent is incarcerated based on a criminal conviction if at the time of filing the application or request to terminate parental rights, the parent had had little or no contact with the child prior to incarceration or provided the Child receives little or no support and the parent's detention prevents the parent from fulfilling their parental responsibilities to the child for a period of more than two years after the filing of the request or request for the cessation of parental rights.
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(s) the child is in temporary custody or
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| Guardianship of the Department of Children and Family Services, the parent is detained at the time of filing the application or request for termination of parental rights, the parent has been repeatedly detained due to criminal convictions and the parent's repeated detention has prevented parents from discouraging their parental rights responsibility for the child.
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(t) A finding that blood, urine,
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| or meconium contained any amount of a controlled substance as defined in subsection (f) of Section 102 of the Illinois Controlled Substances Act or a metabolite of a controlled substance, except for controlled substances or metabolites of such substances whose presence in the newborn is the result of a medical treatment administered to the mother or the newborn and that the biological mother of that child is the biological mother of at least one other child who has been classified as a neglected minor under subsection (c) of Section 2-3 of the Juvenile Court Act of 1987, which provided the birth mother with the opportunity to enroll in and participate in a clinically appropriate substance abuse counseling, treatment and rehabilitation program.
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E. “Parent” means a person who is the legal parent or legal father of the child as defined in subsection X or Y of this section. For the purposes of this Act, a parent is a parent who has given consent to adoption, surrender or renunciation under Section 10 of this Act and who has signed a denial of paternity under Section 12 of the Vital Records Act or Section 12a of that Act, or its parental rights have been revoked by a court is not a parent of the child who was the subject of the consent, surrender, waiver or denial unless (1) the consent is invalid under subsection O of Section 10 of this Act; or (2) the person has consented to be adopted by one or more specified persons pursuant to Section 10 Subsection A-1 of this Act and a court of competent jurisdiction finds that the consent is invalid; or (3) the order terminating the person's parental rights is overturned by a court of competent jurisdiction.
F. A person is available for adoption if they:
(a) a child put up for adoption
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| an agency and which the agency subsequently consented to accept;
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(b) a child a person is entitled to adopt
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| a legal guardian other than his or her parents has consented or consent is not required for adoption under Section 8 of this Act;
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(c) a child in the care of persons who
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| intend to adopt him through his parents' mediation;
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(c-1) a child for whom a parent has signed a special agreement
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| Consent in accordance with Section 10 Subpart O;
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(d) an adult who meets the conditions set out in
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| Section 3 of this Act; or
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(e) a child who has been relinquished as defined in
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| Section 10 of the Abandoned Newborn Protection Act.
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A person who would otherwise be available for adoption should not be considered unavailable for adoption solely because of his or her death.
G. The singular includes the plural and the plural includes the singular and “masculine” includes the “feminine” as the context of this law may require.
H. (Read).
I. “Ordinary Residence” has the meaning given to it by the Federal Intercountry Adoption Act of 2000 and regulations made therein.
J. “Immediate Relatives” means the birth parents, the birth parents' parents, and the birth parents' siblings.
K. “International Adoption” is a process whereby a child is adopted from a country other than the United States by persons ordinarily resident in the United States, or the child who is ordinarily resident in the United States , adopted by persons who are ordinarily resident there or who are ordinarily resident in a country other than the United States.
L. (Read).
M. The Interstate Compact on the Placement of Children is a law enacted by all states and certain territories to establish uniform procedures for the interstate placement of children in foster homes, foster homes or other child care facilities.
N. (Learning).
O. “Pre-Adoption Requirements” means any conditions or standards set forth by the laws or regulations of that state that a prospective adoptive parent must meet before placing a child in an adoptive home.
P. "Battled Child" means a child whose parent or immediate family member, or a person responsible for the child's best interests, or a person living in the same household as the child, or a relative of the child's parent:
(a) inflicts, inflicts or permits
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| other than accidental, cause physical harm to the child resulting in death, disfigurement, impairment of physical or mental health, or loss or impairment of any bodily function;
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(b) presents a significant risk of injury
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| the child in a manner other than accidental that would be likely to result in death, disfigurement, impairment of physical or mental health, or loss or impairment of any bodily function;
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(c) committing or allowing the commission of a sexual offense
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| against the child as sex offenses are defined in the Criminal Code 2012 and these definitions of sex offenses are extended to children under 18 years of age;
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(d) commits or causes to be committed an act or acts
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| the torture of the child; or
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(e) Excessive corporal punishment imposed.
F. “Neglected Child” means any child whose parent or other person responsible for the child’s well-being refuses or refuses nutrition or medically indicated treatment, including food or care, solely on the basis of the present or anticipated mental or physical impairment as determined by a physician alone or otherwise. Consultation with other physicians or otherwise does not provide the appropriate or necessary assistance, education required by law, or medical or other curative treatment as may be deemed necessary under state law recognized for the well-being of a child, or other care necessary for its well-being, including adequate, food, clothing and shelter; or who is abandoned by their parents or another person responsible for the child's well-being.
A child shall not be considered neglected or abused solely because the child's parents or another person responsible for his or her well-being, for the treatment or cure of any disease, or for the remedy, as described in Section 4 of the Abused and Neglected Provided that a child is dependent on spiritual means solely through prayer. A child should not be considered neglected or abused solely because the child's parent or other person responsible for the child's best interests has failed to vaccinate, delayed vaccinating, or refuses to vaccinate the child because of a religious or medical refusal has, to the extent permitted by law.
R. "Presumed Father" means a man who may be the father of a Child but who (1) is not married to the Child's mother on or before the date the Child was born or is to be born and ( 2) Failed to establish the paternity of the child in a court proceeding prior to filing an application for adoption of the child. The term includes a male under the age of 18. “Presumed father” does not mean a man who is the father of the child as a result of criminal sexual abuse or assault within the meaning of Article 11 of the Criminal Code 2012.
S. “Will Adoption” means an adoption in which one parent consents to custody and parental rights become effective upon the occurrence of a future event, which is either the death of the parent or the parent's application for a final decree of adoption .
T. (read).
T-5. “Biological parent,” “biological parent,” or “natural parent” of a child are interchangeable terms denoting a person who is a biologically or genetically related parent to that child.
U. “Interstate Adoption” means the placement of a minor child with a prospective adoptive parent for the purpose of that child's adoption subject to the terms of the Interstate Compact on the Placement of Children.
V. (Learning).
W. (learning).
X. “Legal father” of a child is a man recognized or deemed to be the father of that child:
(1) by virtue of his marriage or registered partnership with
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| the child's parent at the time of the child's birth or within 300 days before the child's birth, unless they have signed a denial of paternity under Section 12 of the Vital Records Act or a waiver under Section 10 of that Act; or
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(2) because his paternity existed for the child
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| established under the Illinois Parentage Act, the Illinois Parentage Act of 1984 or the Gestational Surrogacy Act; or
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(3) because he is listed as the father of the child, or
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| Parent on the child's birth certificate, unless otherwise determined by administrative or judicial proceeding that he is not the child's parent, or revokes his acknowledgment of paternity under the Illinois Parentage Act of 1984; or
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(4) because of his paternity or adoption of the child
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| determined by a competent court.
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The definition in this subsection
Y. “Legal Mother” of a child means a woman recognized as, or believed to be, the mother of that child:
(1) because she gave birth to the child, except as
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| provided for in the Pregnancy Surrogacy Act; or
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(2) because she was the mother of the child
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| incorporated under the Illinois Parentage Act of 1984 or the Gestational Surrogacy Act; or
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(3) because of her maternity or adoption of the child
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| has been determined by a court of competent jurisdiction; or
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(4) by virtue of their marriage or civil partnership
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| the other parent of the child at the time of the child's birth or within 300 days before the birth; or
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(5) because she is listed as the child's mother, or
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| The parent is recorded on the child's birth certificate unless otherwise determined by administrative or judicial proceeding that he or she is not the child's parent.
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Nothing in this Subsection Y definition shall be construed to confer greater or lesser rights as to the number of parents who may be named on a final Illinois adoption order or birth certificate otherwise existing under Illinois law.
Z. “Department” means the Illinois Department of Children and Family Services.
aa “Placement Break” means a circumstance where the Child is removed from an Adoption Placement before the Adoption is complete.
bb “Secondary Placement” means placement, including but not limited to placement of a young person in foster care under Section 4d of the Children and Family Services Act, which occurs following a break in placement or a dissolution of an adoption. “Secondary placement” does not include secondary placements resulting from the death of the child's adoptive parent.
CC. “Dissolution of Adoption” is a circumstance where the child is removed from the adoption after the adoption is completed.
DD. “Unregulated placement” means the secondary placement of a child that occurs without the oversight of the courts, the ministry or an approved child welfare agency.
EE. “Post-Placement and Post-Adoption Support Services” means support services for placed or adopted children and families, which include, but are not limited to, mental health treatments, including counseling and other support services for emotional, behavioral, or developmental needs, substance abuse treatment.
FF. “Youth in Care” has the meaning set out in Section 4d of the Children and Family Services Act.
(Source: P.A. 101-155, Effective 1-1-20; 101-529, Effective 1-1-20; 102-139, Effective 1-1-22; 102-558, Effective 8-20- 21.)
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