Illinois Relinquishment, Consent, Revocation laws

Who 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.
  
  

Consent of Adoptee:

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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.
  
  

When Relinquishment Can Be Signed:

• 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.
  
  

How Relinquishment Must Be Signed:

• 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.
  
  

Time for Revocation:

• 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.
  
  

Adapted from materials prepared by the National Adoption Information Clearinghouse.