Illinois
IllinoisWho Must Consent:
- The mother.
- The father if married to the mother or if he has established paternity.
- A legal guardian.
- Any person or agency having legal custody.
A child 14 years or older must consent. The court may waive consent if child is in need of mental treatment or is mentally retarded.
When Parental Consent is Not Needed:
If a parent:
- Is found to be an unfit person.
- Is found not to be the biological or adoptive father of the child.
- Has waived his parental rights.
- Caused the child to be conceived as a result of sexual abuse.
- The mother's consent shall not be taken less than 72 hours after the child's birth.
- A father may consent before or after the birth.
- Consent may be given to a standby adoption by a terminally ill parent to become effective when the parent dies or requests finalization.
- Consent to an agency may be take by an agency representative.
- In a direct placement, consent is acknowledged in court unless the court waives the appearance.
- Forms to be used are contained in the statute.
- Consents not revoked within 72 hours after the birth are irrevocable unless obtained by fraud or duress.
- The father may revoke consent within 72 hours after the birth.
• Legal Considerations in Adoption
• Parental Rights
• Putative Father Registries: What They Are and How To Use Them
• Resources for Expectant/Placing Parents
Relinquishment Summaries by State: Index
Source: National Adoption Information Clearinghouse. Reprinted with permission.
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