750 ILCS 50/12.2

Current through Public Act 102-670
Section 750 ILCS 50/12.2 - Adoptive parent rights and responsibilities

Prior to finalization of an adoption pursuant to this Act, any prospective adoptive parent in a private adoption who is not being provided with adoption services by a licensed child welfare agency pursuant to the Child Care Act of 1969, who is not adopting a related child, and who is not adopting a child who is a youth in care as defined in Section 4d of the Children and Family Services Act shall be provided with the following form:

Adoptive Parents Rights and Responsibilities-Private Form

THIS FORM DOES NOT CONSTITUTE LEGAL ADVICE. LEGAL ADVICE IS DEPENDENT ON THE SPECIFIC CIRCUMSTANCES OF EACH SITUATION AND JURISDICTION. THE INFORMATION IN THIS FORM CANNOT REPLACE THE ADVICE OF AN ATTORNEY LICENSED IN YOUR STATE.

As an adoptive parent in the State of Illinois, you have the right:

1.To be treated with dignity and respect.
2.To make decisions free from pressure or coercion, including your decision to accept or reject the placement of a particular child.
3.To be informed of the rights of birth parents.
4.To know that the birth parent shall have the right to request to receive counseling before and after signing a Final and Irrevocable Consent to Adoption ("Consent"), a Final and Irrevocable Consent to Adoption by a Specified Person or Persons: Non-DCFS Case ("Specified Consent"), or a Consent to Adoption of Unborn Child ("Unborn Consent"). You may agree to pay for the cost of counseling in a manner consistent with Illinois law, but you are not required to do so.
5.To receive a written schedule of fees and refund policies from the entity who will handle the investigation of your adoption for the Court.
6.To explore the possibility of a subsidy for a child with special needs who is not a youth in care as defined in Section 4d of the Children and Family Services Act . The Department may provide a subsidy if the child meets certain criteria. If you adopt a child who is eligible for supplemental security income (SSI), or who meets other special needs criteria, your child may be subsidy eligible. You should discuss eligibility for a subsidy with your attorney before the adoption is finalized, as this option is only available before the entry of a Judgment Order for Adoption.
7.To share information and connect in the future with the birth parent(s) of your child. The birth parent(s), you, and the adopted person have the right to voluntarily share medical, background, and identifying information, including information on the original birth certificate. This can be done through the Illinois Adoption Registry and Medical Information Exchange or through the birth parent completing a Birth Parent Preference Form. Please visit http://www.dph.illinois.gov and search for adoption or www.newillinoisadoptionlaw.com.
8.To access the Confidential Intermediary program, which provides a way for a court appointed person to connect and/or exchange information between adopted persons, adoptive parents and birth parents, and other biological family members, provided in most cases that mutual consent is given. Please visit www.ci-illinois.org or call (800) 526-9022(x29).

As an adoptive parent in the State of Illinois, it is your responsibility:

1.To work cooperatively and honestly with the person or entity handling your investigation and appointed by the court, including disclosing information requested by that person or entity.
2.To pay the agreed-upon fees to the investigating person or entity promptly.
3.To keep the person or entity handling your investigation informed of any new pertinent information about your family.
4.To cooperate with post-placement monitoring and support.
5.To consult with your attorney prior to offering any financial assistance to the birth parent or parents.
6.To obtain training in parenting an adopted child, which may include on-line and in-person training on adoption related topics.

750 ILCS 50/12.2

Amended by P.A. 100-0159,§ 95, eff. 8/18/2017.
Added by P.A. 099-0833,§ 10, eff. 1/1/2017.