Publications

Articles on Adoption

More family members may petition for medical information under the Adoption Act

September
2014
Illinois Law Update
Page 424
This amendatory act to the Adoption Act adds several categories of people eligible to petition state courts for the appointment of a confidential intermediary to: (1) exchange medical and identifying information with mutually consenting biological relatives; and (2) arrange contact with consenting biological relatives.

New rules affecting adoptions

February
2014
Illinois Law Update
Page 68
Section 5 of the Adoption Act has been amended to expand the definition of "intercountry adoption" and of "preadoption requirements."

Illinois Supreme Court recognizes doctrine of equitable adoption

By Adam W. Lasker
May
2013
LawPulse
Page 222
If parents treat a child they have not legally adopted as their own, he can pursue an inheritance even in the absence of their express or implied contract to adopt him, the high court rules.

Service of process not required for adoption defendants under age 14. PA 097-0988

December
2012
Illinois Law Update
Page 632
The Illinois Adoption Act has been amended to provide that service of process is not required for minor defendants to an adoption proceeding who are a) under the age of 14 and b) have been or will be appointed a guardian ad litem under the Act. 750 ILCS 50/7.

Ex-husband lacks standing to sue for custody of former wife’s adopted child

April
2012
Illinois Law Update
Page 184
A person lacks standing to sue for custody when he is neither the biological parent nor the legal adopted parent of the child so long as the child is found in the custody of a legally recognized parent or guardian who is acting in the best interests of the child.

Statutory Parenthood for Same-Sex Partners

By Professor Jeffrey A. Parness
December
2011
Column
Page 636
The Illinois Parentage Act should be amended to make it easier for same-sex partners to establish their parenthood.

Adoption law pointers

By Helen W. Gunnarsson
September
2011
LawPulse
Page 434
The August Child Law Section newsletter includes an adoption law legislation roundup and helps lawyers help clients find birth parents and readopt after surrendering parental rights.

Section 1(D)(q) of the Adoption Act violates equal protection

June
2005
Illinois Law Update
Page 280
On March 24, 2005, the Illinois Supreme Court held that section 1(D)(q) of the Adoption Act, 750 ILCS 50/1(D)(q), is unconstitutional because it violates equal protection.

State criminalizes assisting with credit applications when help is contingent on surrendering or placing a child for adoption PA 093-1063

March
2005
Illinois Law Update
Page 116
Effective in June, individuals will not be able to take certain actions that are dependent on a second person taking action with regard to child care arrangements.

DCFS to make good faith effort to place adopted siblings together; P.A 92-0666

June
2003
Illinois Law Update
Page 280
The Children and Family Services Act was recently amended to include a provision regarding the placement of siblings of adopted children.

Adoption policies changed

January
2003
Illinois Law Update
Page 14
On October 23, 2002, the Department of Children and Family Services (department) amended rules relating to parental fitness and general adoption policies in title 89 of the Illinois Administrative Code.

Adoption assistance services

March
2002
Illinois Law Update
Page 120
On December 15, 2001, the Illinois Department of Children and Family Services (department) adopted amendments to section 302 of the Illinois Administrative Code. 89 Ill Adm Code 302.

Definitions and disclosure amended

December
2001
Illinois Law Update
Page 624
On September 14, 2001, the Illinois Department of Children and Family Services (department) adopted amendments and additions to section 301 of the Illinois Administrative Code. 89 Ill Adm Code 301.

Legislation clarifies that failure to vaccinate a child for religious or medical reasons is not neglect or abuse; P.A. 92-375

December
2001
Illinois Law Update
Page 624
In August, Gov. Ryan signed into law Senate Bill 1305, which amends the Adoption Act to clarify that a parent's failure to vaccinate a child due to religious or medical reasons, allowed by law, does not constitute child neglect or abuse.

Considerations for adoptive placements

November
2001
Illinois Law Update
Page 568
On September 14, 2001, the Illinois Department of Children and Family Services (department) adopted amendments to sections 309 and 315 of the Illinois Administrative Code. 89 Ill Adm Code 309 and 315.

Simplifying Illinois Readoptions of Foreign-Born Children

By Chris S. Haaff
September
2001
Article
Page 464
The author recommends ways to streamline the system.

Void-for-vagueness doctrine applied in adoptions context; section 1(D)(h) of the Adoption Act permitting termination of parental rights found unconstitutionally vague

July
2001
Illinois Law Update
Page 342
On April 13, 2001, the Appellate Court of Illinois, Fourth District, applied the void-for-vagueness doctrine to a constitutional analysis of section 1(D)(h) of the Adoption Act, 750 ILCS 50/1 (D)(h).

Section 1(D)(p) of the Adoption Act is not unconstitutional; review of substantive due process claims under section 1(D)(p) requires strict scrutiny, not rational relation scrutiny

May
2001
Illinois Law Update
Page 230
On March 2, 2001, the Illinois Supreme Court reversed the circuit court's holding that section 1(D)(p) of the Adoption Act was facially unconstitutional.

The Lawyer’s Journal

By Bonnie C. McGrath
April
2001
Column
Page 166
Police can keep suspects out of their own homes; adoption by one spouse only; arbitration clauses and fee agreements; and more.

Same-Sex Adoptions and the Best Interest of Children

By Chris S. Haaff
January
2001
Article
Page 28
The developing law firm in Illinois governing adoption by gay couples.

Goal of preserving family ties does not preclude consideration of other factors in determination of child’s best interests in adoption proceeding

July
2000
Illinois Law Update
Page 380
On May 15, 2000, the Appellate Court of Illinois, Fourth District, held that the circuit court did not err when it permitted a minor child's foster parents, instead of the child's grandparents, to adopt the child.

Illinois Adoption Registry and Medical Information Exchange

May
2000
Illinois Law Update
Page 252
On February 25, 2000, the Illinois Department of Public Health adopted emergency amendments and a new section to section 500 of the Illinois Administrative Code. 77 Ill Adm Code 500.

Adoption services for children

November
1999
Illinois Law Update
Page 575
On September 16, 1999, the Illinois Department of Children and Family Services adopted amendments and added a section to section 309 of the Illinois Administrative Code. 89 Ill Adm Code 309.

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