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Illinois's Adoption Laws

Adoption Records

Illinois

Statute: ch. 325, 5/7.8; ch. 325, 5/11.1

Records Confidential: Yes

Persons with access to records

CPS/State Agencies

• Agencies From Other States

• Courts/Judges

• Grand Juries

• Law Enforcement

• Attorneys General/Prosecutors

• Attorneys, GAL's

• Physicians

• Researchers

• Employers

• Parents/Guardians

• Coroners

• Review Teams

• Treatment Providers

• Subject of Reports

Persons without access to records

Reporters of Abuse

• Public/Any Person

Other Probation officers Department of Public Health State Board of Education; school superintendents Department of Professional Regulation


© This information is from the National Adoption Information Clearinghouse.


Consent to Adoption

The consent may be signed 72 hours after the birth of the baby.

Pre-consents are not allowed in the state of Illinois.

Revocation Time Frame in Illinois

The consent is irrevocable upon signing.


Parties to an Adoption

Illinois

Who May Adopt

Statute: 750 ILCS 50/2

A resident for at least 6 months or a member of the armed forces domiciled in the state for 90 days

A reputable adult of either sex

A minor with leave of the court

Husband and wife must petition jointly.

Residency requirement does not apply to a related child or to an agency placement.

Who May Be Adopted

Statute: 750 ILCS 50/3

Any child

Any adult who has resided with the adoptive parent for at least 2 years while the person was a minor or who is related to

the adoptive parent

Who May Place a Child for Adoption

Statute: 750 ILCS 50/4.1

The Department of Children and Family Services

Any agency licensed by the department


© This information is from the National Adoption Information Clearinghouse.


Birth Father Statutes

No information currently available.


Adoption Expenses

Illinois

Birth Parent Expenses Allowed Statute: 720 ILCS 525/4; 4.1

  1. • Reasonable living expenses, including lodging, clothing, and food, where need is demonstrated
  2. • Reasonable and actual medical and hospital charges
  3. • Reasonable attorney's fees, with permission from the court

Birth Parent Expenses Not Allowed Statute: 720 ILCS 525/4.1(a)

  1. • 'Reasonable living expenses' does not include lost wages, gifts, educational expenses, or other similar expenses.
  2. • Payment of living expenses shall not extend beyond 30 days after the birth of the child.

Allowable Payments for Arranging Adoption Statute: 720 ILCS 525/1 

No person or organization, except a child welfare agency, shall request or accept any compensation for placing a child.

Allowable Payments for Relinquishing Child Statute: 720 ILCS 525/4.1(d)

  1. • Payment of living expenses shall not obligate birth parents to place the child for adoption.
  2. • Petitioners shall have no right to seek reimbursement in the event that the birth parents choose not to place the child for adoption.

Allowable Fees Charged by Department/Agency Statute: 720 ILCS 525/2

 No person shall pay or give any compensation to any person or organization for placing a child, except for a child welfare agency.

Accounting of Expenses Required by Court Statute: 720 ILCS 525/4.1(e); 750 ILCS 50/14(a)

  1. • Petitioners must file an accounting of all living expenses paid to the biological parents.
  2. • The accounting shall include vouchers for all expenditures, receipts for all cash payments, and copies of all checks written.
  3. • Each party involved must file an affidavit of all hospital and medical costs, legal and counseling fees, and other expenditures.

© This information is from the National Adoption Information Clearinghouse.


International Expenses

No information currently available.


General Adoption Statutes

Illinois

Agency or Person Gathering Information or Preparing Report Statute: 750 ILCS § 50/18.4

  1. • Child placement agency
  2. • The Department of Children and Family Services
  3. • Applicable court

Contents of Report About Person to be Adopted Statute: 750 ILCS §§ 50/18.4; 50/18.05; 50/6

  1. • Medical and mental health history
  2. • Updated medical information, which can be made available through a registry
  3. • Religion

Contents of Report About Birth Parents Statute: 750 ILCS § 50/18.4

  1. • Age
  2. • Race, religion, ethnic background
  3. • General physical appearance
  4. • Education, occupation, hobbies
  5. • Existence of other children
  6. • Country of origin and reason for emigrating (if applicable)
  7. • Health history of birth parents and immediate relatives

Contents of Report About Adoptive Parents Statute: 750 ILCS § 50/6

  1. Criminal background check
  2. • Character
  3. • Reputation
  4. • Health
  5. • General standing in community
  6. • Religion
  7. • Suitability of home

© This information is from the National Adoption Information Clearinghouse.


If you are an adoption professional and have updated information for this portion of our site let us know by contacting us at 1-800-ADOPTION or e-mail us at editors@americanadoptions.com.


DISCLAIMER

American Adoptions, Inc. provides this information as a courtesy and is in no way responsible for its content or accuracy.

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