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Bill > SB0103


IL SB0103

IL SB0103
ADOPTION ACT


summary

Introduced
01/17/2025
In Committee
04/23/2025
Crossed Over
04/04/2025
Passed
08/15/2025
Dead
Signed/Enacted/Adopted
08/15/2025

Introduced Session

104th General Assembly

Bill Summary

Amends the Adoption Act. Provides that a person may commence an adoption proceeding for a youth in care only if the youth in care is placed with the petitioning person or persons by the Department of Children and Family Services at the time the petition is filed, and the Department has provided its consent to the adoption or has otherwise approved the adoption. Requires the Department to adopt rules or procedures or both as to what constitutes its approval of the adoption. Provides that a person whose rights have been terminated under the Juvenile Court Act of 1987 does not have to be made a defendant in a petition for adoption. Provides that the following persons must be given notice of a petition for adoption unless the person has been determined not to be a parent of the child or has had parental rights terminated by a court of competent jurisdiction: (i) any person who is recorded on the child's birth certificate as the child's parent; (ii) any person who is openly living with the child or the child's mother at the time the proceeding is initiated and holds out the child as that person's child; (iii) any person who has been identified as the child's parent by the mother in a written, sworn statement, including an Affidavit of Identification; or (iv) any person who was married to the child's mother on the date of the child's birth or within 300 days before the child's birth, unless that person has been determined not to be the parent of the child or has had parental rights terminated by a court of competent jurisdiction.

AI Summary

This bill amends the Illinois Adoption Act to make several key changes to the adoption process. The bill requires that a person can only commence an adoption proceeding for a youth in care if the Department of Children and Family Services (DCFS) has placed the youth with the petitioning person at the time of filing and has either consented to or approved the adoption. The Department is now required to establish rules defining what constitutes adoption approval. The bill modifies notice requirements for adoption proceedings, specifying that certain individuals must be notified of an adoption petition, including people listed on the child's birth certificate, individuals living with the child or mother who hold out the child as their own, people identified as the child's parent by the mother in a sworn statement, and individuals married to the mother at or within 300 days of the child's birth. Importantly, these notification requirements are subject to exceptions if a court has previously determined the person is not a parent or has terminated their parental rights. The bill also clarifies that a person whose rights have been terminated under the Juvenile Court Act does not need to be made a defendant in an adoption petition. The changes will apply only to petitions filed on or after January 1, 2026, providing a clear timeline for implementation of these new adoption procedures.

Committee Categories

Justice

Sponsors (3)

Last Action

Public Act . . . . . . . . . 104-0348 (on 08/15/2025)

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