Illinois 94th Regular Session Status: Enacted

SB 511 — ADOPTION ACT-CONSENTS

Last action — Public Act . . . . . . . . . 94-0530

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 17, 2005. Enacted.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    0 primary, 2 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Adoption Act. Provides that the sole purpose of notice shall be to enable the person receiving the notice to appear in the adoption proceedings to present evidence to the court relevant to whether the consent or surrender of the person to the adoption is required by the Act (instead of to present evidence to the court relevant to the best interests of the child). Provides that, if the court determines that the consent or surrender of the person is not required, then the person shall not be entitled to participate in the proceedings or to any further notice of the proceedings. Adds to the exceptions to the requirement for consent and surrender: (i) the father of the child who is a family member of the mother of the child and the mother is under the age of 18 at the time of the child's conception; and (ii) the father of the child who is at least 5 years older than the child's mother and the mother was under the age of 17 at the time of child's conception, unless the mother and father voluntarily acknowledge the father's paternity of the child by marrying or by establishing the father's paternity by consent of the parties pursuant to the Illinois Parentage Act of 1984 or pursuant to a substantially similar statute in another state. Defines "family member". Removes from the exceptions to the requirement for consent and surrender a person who has been indicated for child sexual abuse as defined in the Abused and Neglected Child Reporting Act that involved sexual penetration of the mother and a person who was at least 5 years older than the mother and the mother was under the age of 17 at the time of conception of the child to be adopted. Removes any employee of a licensed child welfare agency certified by the agency as qualified to serve as a confidential intermediary from the list of eligible intermediaries.

Bill Text

What changed in the latest version

196 added · 197 removed

Plain-language change summary

The recent amendments to SB 511 clarify the definitions related to paternity and the circumstances under which a father can be identified in cases involving underage mothers. Specifically, the changes add detailed criteria for defining a "family member" and remove vaguer language, which helps to specify when a father's age relative to the mother is a factor. These modifications are important because they aim to strengthen the legal framework around paternity in sensitive situations, ensuring clear protections for minors involved.

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Latest
SB0511 Engrossed LRB094 09016 LCB 39237 b AN ACT concerning adoption.
SB0511 Enrolled LRB094 09016 LCB 39237 b AN ACT concerning adoption.
In the event there is service on any of the parties by publication, the publication shall contain notice of pendency of the action, the name of the person to be adopted and the SB0511 Engrossed - 2 - LRB094 09016 LCB 39237 b name of the parties to be served by publication, and the date on or after which default may be entered against such parties.
In the event there is service on any of the parties by publication, the publication shall contain notice of pendency of the action, the name of the person to be adopted and the SB0511 Enrolled - 2 - LRB094 09016 LCB 39237 b name of the parties to be served by publication, and the date on or after which default may be entered against such parties.
SB0511 Engrossed - 3 - LRB094 09016 LCB 39237 b C.
SB0511 Enrolled - 3 - LRB094 09016 LCB 39237 b C.
If the court determines that the consent or surrender of the person is not required pursuant to Section 8, then the person shall not be entitled to participate in the proceedings or to any further SB0511 Engrossed - 4 - LRB094 09016 LCB 39237 b notice of the proceedings the best interests of the child.
If the court determines that the consent or surrender of the person is not required pursuant to Section 8, then the person shall not be entitled to participate in the proceedings or to any further SB0511 Enrolled - 4 - LRB094 09016 LCB 39237 b notice of the proceedings the best interests of the child.
or (5) to be the father of the child as a result of criminal sexual abuse or assault as defined under Article 12 of the Criminal Code of 1961 , including but not limited to:
or (5) to be the father of the child as a result of criminal sexual abuse or assault as defined under Article 12 of the Criminal Code of 1961;
(i) the father of the child, who is a family member of the mother of the child, and the mother is under the age of 18 at the time of the child’s conception;
or (6) to be the father of a child who:
for purposes of this subsection, a "family member" is a parent, step-parent, grandparent, step-grandparent, sibling;
(i) is a family member of the mother of the child, and the mother is under the age of 18 at the time of the child’s conception;
or cousin of the first degree, whether by whole blood, half-blood, or adoption, as well as a person who has resided in the household with the mother continuously for at least one year;
for purposes of this subsection, a "family member" is a parent, step-parent, grandparent, step-grandparent, sibling, or cousin of the first degree, whether by whole blood, half-blood, or adoption, as well as a person age 18 or over at the time of the child’s conception who has resided in the household with the mother continuously for at least one year;
or (ii) the father of the child, who is at least 5 years older than the child’s mother, and the mother was under the age of 17 at the time of the child’s conception, unless the mother and father voluntarily acknowledge the father’s paternity of the child by SB0511 Engrossed - 5 - LRB094 09016 LCB 39237 b marrying or by establishing the father’s paternity by consent of the parties pursuant to the Illinois Parentage Act of 1984 or pursuant to a substantially similar statute in another state.
or (ii) is at least 5 years older than the child’s mother, and the mother was under the age of 17 at the time of the child’s conception, unless the mother and father voluntarily acknowledge the father’s paternity SB0511 Enrolled - 5 - LRB094 09016 LCB 39237 b of the child by marrying or by establishing the father’s paternity by consent of the parties pursuant to the Illinois Parentage Act of 1984 or pursuant to a substantially similar statute in another state.
A criminal conviction of any offense pursuant to Article 12 of the Criminal Code of 1961 is not required.;
A criminal conviction of any offense pursuant to Article 12 of the Criminal Code of 1961 is not required.
or (6) to have been indicated for child sexual abuse as defined in the Abused and Neglected Child Reporting Act that involved sexual penetration of the mother;
to have been indicated for child sexual abuse as defined in the Abused and Neglected Child Reporting Act that involved sexual penetration of the mother;
or (iv) in the case of a child placed with the SB0511 Engrossed - 6 - LRB094 09016 LCB 39237 b adopting parents less than 6 months after birth, made a good faith effort to pay a reasonable amount of the expenses related to the birth of the child and to provide a reasonable amount for the financial support of the child before the expiration of 30 days following the birth of the child, provided that the court may consider in its determination all relevant circumstances, including the financial condition of both biological parents;
or (iv) in the case of a child placed with the adopting parents less than 6 months after birth, SB0511 Enrolled - 6 - LRB094 09016 LCB 39237 b made a good faith effort to pay a reasonable amount of the expenses related to the birth of the child and to provide a reasonable amount for the financial support of the child before the expiration of 30 days following the birth of the child, provided that the court may consider in its determination all relevant circumstances, including the financial condition of both biological parents;
or (vi) in the case of a child placed with the adopting parents more than six months after birth, openly lived with the child for a period of six SB0511 Engrossed - 7 - LRB094 09016 LCB 39237 b months within the one year period immediately preceding the placement of the child for adoption and openly held himself out to be the father of the child;
or (vi) in the case of a child placed with the adopting parents more than six months after birth, openly lived with the child for a period of six months within the one year period immediately SB0511 Enrolled - 7 - LRB094 09016 LCB 39237 b preceding the placement of the child for adoption and openly held himself out to be the father of the child;
or (ii) is the father of the child under a SB0511 Engrossed - 8 - LRB094 09016 LCB 39237 b judgment for adoption, an order of parentage, or an acknowledgment of parentage or paternity pursuant to subsection (a) of Section 5 of the Illinois Parentage Act of 1984;
or (ii) is the father of the child under a judgment for adoption, an order of parentage, or an SB0511 Enrolled - 8 - LRB094 09016 LCB 39237 b acknowledgment of parentage or paternity pursuant to subsection (a) of Section 5 of the Illinois Parentage Act of 1984;
(I) the payment by the father toward the support of the child of a fair and reasonable sum, according to the father’s means, and either (II) the father’s visiting the child at least monthly when physically and financially able to do so and not prevented from doing so by the person or authorized agency having lawful custody of the child or (III) the father’s regular communication with the child or with the person or agency having the care or custody of the child, when physically and financially unable to visit the child or prevented SB0511 Engrossed - 9 - LRB094 09016 LCB 39237 b from doing so by the person or authorized agency having lawful custody of the child.
(I) the payment by the father toward the support of the child of a fair and reasonable sum, according to the father’s means, and either (II) the father’s visiting the child at least monthly when physically and financially able to do so and not prevented from doing so by the person or authorized agency having lawful custody of the child or (III) the father’s regular communication with the child or with the person or agency having the care or custody of the child, when physically and financially unable to visit the child or prevented from doing so by the person or authorized agency SB0511 Enrolled - 9 - LRB094 09016 LCB 39237 b having lawful custody of the child.
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Action History

  1. Public Act . . . . . . . . . 94-0530

  2. Effective Date January 1, 2006

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. House Floor Amendment No. 1 Senate Concurs 059-000-000

  7. Added as Chief Co-Sponsor Sen. Mattie Hunter

  8. Added Alternate Co-Sponsor Rep. Maria Antonia Berrios

  9. House Floor Amendment No. 1 Motion To Concur Recommended Do Adopt Judiciary; 009-000-000

  10. House Floor Amendment No. 1 Motion to Concur Rules Referred to Judiciary

  11. House Floor Amendment No. 1 Motion to Concur Referred to Rules

  12. House Floor Amendment No. 1 Motion to Concur Filed with Secretary Sen. John J. Cullerton

  13. Placed on Calendar Order of Concurrence House Amendment(s) 01-May 24, 2005.

  14. Secretary's Desk - Concurrence House Amendment(s) 01

  15. Third Reading - Short Debate - Passed 113-000-000

  16. Placed on Calendar Order of 3rd Reading - Short Debate

  17. House Floor Amendment No. 1 Adopted by Voice Vote

  18. Second Reading - Short Debate

  19. Added Alternate Chief Co-Sponsor Rep. Barbara Flynn Currie

  20. House Floor Amendment No. 1 Recommends Be Adopted Rules Committee; 003-001-000

  21. House Floor Amendment No. 1 Referred to Rules Committee

  22. House Floor Amendment No. 1 Filed with Clerk by Rep. Sara Feigenholtz

  23. Held on Calendar Order of Second Reading - Short Debate

  24. Recalled to Second Reading - Short Debate

  25. Placed on Calendar Order of 3rd Reading - Short Debate

  26. Second Reading - Short Debate

  27. Placed on Calendar 2nd Reading - Short Debate

  28. Do Pass / Short Debate Adoption Reform; 006-000-000

  29. Assigned to Adoption Reform

  30. Referred to Rules Committee

  31. First Reading

  32. Chief House Sponsor Rep. Sara Feigenholtz

  33. Placed on Calendar Order of First Reading

  34. Arrived in House

  35. Third Reading - Passed; 055-000-000

  36. Placed on Calendar Order of 3rd Reading

  37. Senate Floor Amendment No. 1 Adopted; Cullerton

  38. Recalled to Second Reading

  39. Senate Floor Amendment No. 1 Recommend Do Adopt Judiciary; 009-000-000

  40. Senate Floor Amendment No. 1 Rules Refers to Judiciary

  41. Placed on Calendar Order of 3rd Reading March 16, 2005

  42. Second Reading

  43. Senate Floor Amendment No. 1 Referred to Rules

  44. Senate Floor Amendment No. 1 Filed with Secretary by Sen. John J. Cullerton

  45. Placed on Calendar Order of 2nd Reading March 10, 2005

  46. Do Pass Judiciary; 010-000-000

  47. Postponed - Judiciary

  48. Assigned to Judiciary

  49. Referred to Rules

  50. First Reading

  51. Filed with Secretary by Sen. John J. Cullerton

Sponsors

  • John J. Cullerton · Cosponsor
  • Maria Antonia Berrios · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 2 co-sponsors · 181 not signed on

Sponsors (0)

None.

Co-sponsors (2)

  • John J. Cullerton
  • Maria Antonia Berrios

Not signed on (181)

181 members have not signed on to this bill.

Show all 181 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Concurrence, Amendment 1

Passed 59 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 53000
Democrat 5000
Republican 1000
Total 59000
% of votes cast 100%0%0%0%
How each member voted (59)
Member Party Vote
Sandoval — Yea
Sieben — Yea
Silverstein — Yea
Link — Yea
Althoff — Yea
Martinez — Yea
Bomke — Yea
Burzynski — Yea
Cronin — Yea
Forby — Yea
Geo-Karis — Yea
Haine — Yea
Halvorson — Yea
Meeks — Yea
Peterson — Yea
Schoenberg — Yea
Shadid — Yea
Munoz — Yea
Brady — Yea
Sullivan, D. — Yea
Clayborne — Yea
Garrett — Yea
Sullivan, J. — Yea
Petka — Yea
Lauzen — Yea
Luechtefeld — Yea
Jacobs — Yea
Maloney — Yea
Jones, J. — Yea
Cullerton — Yea
Watson — Yea
Jones, W. — Yea
Demuzio — Yea
Radogno — Yea
Trotter — Yea
Viverito — Yea
Wilhelmi — Yea
Winkel — Yea
Wojcik — Yea
Crotty — Yea
Dahl — Yea
DeLeo — Yea
Dillard — Yea
Hendon — Yea
Pankau — Yea
Raoul — Yea
Rauschenberger — Yea
Righter — Yea
Risinger — Yea
Ronen — Yea
Roskam — Yea
Rutherford — Yea
del Valle — Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Third Reading

Passed 113 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 103003
Democrat 7002
Republican 3000
Total 113005
% of votes cast 96%0%0%4%
How each member voted (118)
Member Party Vote
Sacia — Yea
Saviano — Yea
Schmitz — Yea
Schock — Yea
Soto — Yea
Washington — Yea
Younge — Yea
Madigan — Yea
Acevedo — Yea
Bassi — Yea
Mathias — Yea
Beaubien — Yea
Beiser — Yea
Bellock — Yea
Berrios — Yea
Biggins — Yea
Mautino — Yea
Black — Yea
Boland — Yea
May — Yea
Bost — Yea
Brauer — Yea
Brosnahan — Yea
Colvin — Yea
Moffitt — Yea
Coulson — Yea
Munson — Yea
Hassert — Yea
Hultgren — Yea
Jefferson — Yea
Jenisch — Yea
Lang — Yea
Leitch — Yea
Lindner — Yea
McAuliffe — Yea
McCarthy — Yea
Bailey — Yea
Mendoza — Yea
Meyer — Yea
Lyons, Eileen — Yea
Reitz — Yea
Lyons, Joseph — Yea
McGuire — Yea
Bradley, John — Yea
Bradley, Richard — Yea
Brady — Yea
Dugan — Yea
Dunkin — Yea
Dunn — Yea
Eddy — Yea
Flider — Yea
Flowers — Yea
Franks — Yea
Fritchey — Yea
Froehlich — Yea
Giles — Yea
Gordon — Yea
Graham — Yea
Krause — Yea
McKeon — Not Voting
Mitchell, Bill — Yea
Hannig — Yea
Burke — Yea
Sullivan — Yea
Mitchell, Jerry — Yea
Millner — Yea
Molaro — Yea
Mulligan — Yea
Myers — Yea
Nekritz — Yea
Osmond — Yea
Howard — Yea
Parke — Yea
Phelps — Yea
Scully — Not Voting
Watson — Yea
Sommer — Yea
Jones — Yea
Tenhouse — Yea
Tryon — Yea
Turner — Yea
Verschoore — Yea
Davis, Monique — Not Voting
Wait — Yea
Winters — Yea
Chavez — Yea
Churchill — Yea
Cross — Yea
Cultra — Yea
Currie — Yea
D'Amico — Yea
Daniels — Yea
Granberg — Yea
Hamos — Yea
Holbrook — Yea
Jakobsson — Yea
Kosel — Yea
Yarbrough — Yea
Osterman — Yea
Patterson — Yea
Pihos — Yea
Poe — Yea
Pritchard — Yea
Reis — Yea
Ryg — Yea
Chapa LaVia — Yea
Eva-Dina Delgado Democrat Not Voting
Jay Hoffman Democrat Yea
Lakesia Collins Democrat Yea
Michael J. Kelly Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Not Voting
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Chris Miller Republican Yea

Official roll call →

Third Reading

Passed 55 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 49004
Democrat 5000
Republican 1000
Total 55004
% of votes cast 93%0%0%7%
How each member voted (59)
Member Party Vote
Sandoval — Yea
Althoff — Yea
Martinez — Yea
Bomke — Yea
Burzynski — Yea
Dillard — Yea
Halvorson — Not Voting
Lauzen — Yea
Link — Yea
Munoz — Yea
Luechtefeld — Yea
Brady — Yea
Maloney — Yea
Sullivan, D. — Yea
Meeks — Yea
Sullivan, J. — Yea
Petka — Yea
Schoenberg — Yea
Jacobs — Yea
Shadid — Yea
Jones, J. — Yea
Cullerton — Yea
Watson — Yea
Jones, W. — Yea
Sieben — Yea
Demuzio — Yea
Silverstein — Yea
Trotter — Yea
Viverito — Not Voting
Wilhelmi — Yea
Clayborne — Yea
Cronin — Yea
Crotty — Yea
Dahl — Yea
DeLeo — Yea
Forby — Yea
Garrett — Yea
Geo-Karis — Not Voting
Haine — Yea
Hendon — Yea
Winkel — Yea
Wojcik — Not Voting
Pankau — Yea
Peterson — Yea
Radogno — Yea
Raoul — Yea
Rauschenberger — Yea
Righter — Yea
Risinger — Yea
Ronen — Yea
Roskam — Yea
Rutherford — Yea
del Valle — Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Subjects

housing civil-rights labor
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Frequently asked questions

What does SB 511 do?
Amends the Adoption Act. Provides that the sole purpose of notice shall be to enable the person receiving the notice to appear in the adoption proceedings to present evidence to the court relevant to whether the consent or surrender of the person to the adoption is required by the Act (instead of to present evidence to the court relevant to the best interests of the child). Provides that, if the court determines that the consent or surrender of the person is not required, then the person shall not be entitled to participate in the proceedings or to any further notice of the proceedings. Adds to the exceptions to the requirement for consent and surrender: (i) the father of the child who is a family member of the mother of the child and the mother is under the age of 18 at the time of the child's conception; and (ii) the father of the child who is at least 5 years older than the child's mother and the mother was under the age of 17 at the time of child's conception, unless the mother and father voluntarily acknowledge the father's paternity of the child by marrying or by establishing the father's paternity by consent of the parties pursuant to the Illinois Parentage Act of 1984 or pursuant to a substantially similar statute in another state. Defines "family member". Removes from the exceptions to the requirement for consent and surrender a person who has been indicated for child sexual abuse as defined in the Abused and Neglected Child Reporting Act that involved sexual penetration of the mother and a person who was at least 5 years older than the mother and the mother was under the age of 17 at the time of conception of the child to be adopted. Removes any employee of a licensed child welfare agency certified by the agency as qualified to serve as a confidential intermediary from the list of eligible intermediaries.
Who sponsors SB 511?
SB 511 is sponsored by John J. Cullerton and Maria Antonia Berrios.
What is the current status of SB 511?
This bill has been enacted into law. Introduced February 17, 2005. Enacted.
Where can I track SB 511?
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