Adoption Laws & Legislation
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House Bill 5428
Governor Quinn recently signed House Bill 5428, which allows adult adoptees (21 and over) who were born in IL to obtain a copy of their original birth certificates. Adoptees born before 1946 are allowed immediate access, because that is when the records were originally closed. Those born in 1946 and after will have to wait until November 2011. During that time, IL will launch a public information campaign to publicize this new law, and to give birth parents the opportunity to file a contact preference form prohibiting disclosure of his/her identifying info or specifying what contact, if any, they are open to receiving from the adoptee. If you would like to see the text of the bill, go to www.ilga.gov and search on HB5428. Representative Sara Feigenholtz was the legislative force behind this bill. Here is a link to an audiotape of today's bill signing. http://www.state.il.us/cms/download/mp3_iisradio/gov-5-21.mp3
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House Bill 4220
PUTATIVE FATHER REGISTRY (PFR) EXCEPTION
Status: DEFEATED
For details about this bill, as well as an update of
where it stands:
http://www.ilga.gov/legislation/billstatus.asp?DocNum=4220&GAID=10&GA=96&DocTypeID=HB&LegID=47091&SessionID=76
Quick Summary:
This bill sought to create a vague exception -- without any time limitations -- to the Putative Father Registry. An alleged father would be allowed to set aside an adoption if that father was told by the biological mother that she had terminated the pregnancy, or if the mother had otherwise lied to the father about the pregnancy. The Chicago Bar Association Adoption Committee wrote a compromise amendment, but the sponsor changed the amendment, making it again unacceptable. The bill was not called for a vote in the House by the deadline, and the sole sponsor, Al Riley (D-Chicago), has indicated that he will not attempt to move the bill this session because he did not have the votes. The calls and faxes from the adoption community were clearly the deciding factor in defeating this bill. This issue will probably come up again next year, however.
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House Bill 3881
For
details about this bill, as well as an update of where it stands:
http://www.ilga.gov/legislation/billstatus.asp?DocNum=3881&GAID=10&GA=96&DocTypeID=HB&LegID=46702&SessionID=76
Quick Summary:
HB 3881 amends the child Care Act
providing that licensed child welfare agencies may adopt faith based
policies
and practices relating to the placement of children for adoption which
provide
for the placement of a child with a prospective adoptive parent who
holds the
same religious beliefs as those held by that religious institution.
It is the
religious
affiliation of the birth parent or child that is pertinent to placement
of a
child with a family or adoptive parent of a similar faith; not the
faith of the
placing agency. One can envision a 14 year old Catholic adoptive child
being
placed against her wishes with a Baptist adoptive family that refuses
to take
her to Catholic religious services she has always attended and very
much wants
to continue to attend if HB 3881 were to become law.
HB 3881 allows
for placement based upon the religious beliefs of the
adoption agency while maintaining the welfare of the child as the
primary
consideration in the placement.
An inherent
conflict with an adoptee’s best interest is codified in HB 3881. If it
is
the best interest of the adoptee to be placed with an atheist relative
or
lesbian aunt but the faith based policies and practices of the adoption
agency
oppose such placement, the best interest of the adoptee is thereby
diminished
as the adoption agency may argue for a placement contrary to the
child’s
best interest.
CAFFA's
position:
Oppose this bill.
Take Action:
For
further information contact the ACLU of IL: Mary Dixon at 815-483-1990
or Jim Ferg-Cadima at
312-925-9394
To contact your state representative:
http://www.elections.il.gov/DistrictLocator/SelectSearchType.aspx?NavLink=1
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HOUSE BILL 756CHANGES TO ADOPTION COMPENSATION ACT & CONFIDENTIAL INTERMEDIARY
Status: PASSED HOUSE, NOW IN SENATE
Written in part by the Adoption Law Committee of the Chicago Bar Association and in part by the Confidential Intermediary Advisory Council, and supported by the Chicago Bar Association. The first section of this bill amends the criminal provisions related to payment of expenses in a private adoption. It allows prospective adoptive parents to give a gift of up to $200 to a birth parent without criminal penalties. It also allows prospective adoptive parents to pay birth parent living expenses up to $1000 and pay the attorney’s fees for representation of a birth parent up to $1000 without prior court approval but requires that all expenses paid must ultimately be approved by the Court. Additionally, adoptive parents may seek reimbursement from the birth parents if the birth parent is not pregnant or is being paid by 2 or more potential adoptive parents (essentially fraud cases). The second part of this bill makes slight changes to the Confidential Intermediary (CI) provisions that were requested by the Confidential Intermediary Advisory Council including allowing the CI to inform certain petitioners of the name of the agency that handled the adoption as well as the state in which the adoption took place.
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HOUSE BILL 2405
ADOPTION ACT CONSENT PROVISIONS
Status: PASSED HOUSE, NOW IN SENATE
Written by the Adoption Law Committee of the Chicago Bar Association and sponsored by the Chicago Bar Association. This bill amends the consent provisions of the Adoption Act to provide means of obtaining consents to adoption from incarcerated parents or parents who are otherwise unable to be present in Court. It also provides that licensed agencies can witness Illinois consents to adoption in other states.
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HOUSE BILL 4055
ADOPTION BY FORMER PARENTS
Status: STILL IN THE HOUSE, SEEKING EXTENSION OR AMENDMENT ONTO ANOTHER BILL
Supported by members of the Adoption Law Committee of the Chicago Bar Association. This bill creates a specific process for a birth parent to adopt his/her biological child if that child had been previously adopted by a relative. This bill is targeted to address situations where the children have been adopted by relatives, such as grandparents, because the birth parents were unable to fulfill their parental responsibilities. Later, the birth parent has rehabilitated and is able to parent, while the adoptive parent is no longer able to parent due to death or incapacity. In some instances, the children may be legal orphans and living with their birth parents anyway. These adoptions would still undergo scrutiny by DCFS and be approved by the Court only if the adoptions are in the children’s best interests
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RUSSIAN ADOPTION
Several Illinois
agencies were recently forced to close their
Russia programs. This is sad for the workers at the agencies, and
frightening for families in process. It is devastating for children
waiting to come home.
If you or anyone you know is
caught in this situation,
EuroAsian Adoption Consultants is working to help families stranded by
closing Russia
programs. Please contact Mary House at 224-353-6241. EAAC will
evaluate your situation and let you know within 48 hours if they can
help. NO CHARGE for this review. Even if
your paperwork has already been sent to Russia, EAAC may be able to
help.
Contact Info:
EuroAsian Adoption Consultants
949D Plum Grove
Schaumburg IL 60173
phone 224-353-6241
fax 224-353-6249
http://www.euroasianadoption.com/index.htm
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HR 3070Families for Orphans Act of 2009
The Families for Orphans Act overcomes barriers by establishing the Office of Orphan
Policy, Development and Diplomacy. The office,
headed by an appointed Coordinator will promote
and support the preservation and reunification of
families; and the provision of permanent parental
care for orphans. Read more information and sign the petition on the website
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FACE Act of 2009
Published by Equality for Adopted Children (EACH) on Jun 30, 2009
Category: Children's Rights
Target: US Congress and Senate
Web site: www.equalityforadoptedchildren.org
Background (Preamble):
The intercountry adoption process is a long, tedious process for
American citizens seeking to adopt a foreign born child. Paperwork
includes home studies, finger printing and criminal checks. The process
can take up to three years to complete. At the completion of the
adoption, the child must be approved for a U.S. immigrant visa in order
to enter the U.S. and gain citizenship. The immigrant visa is required
despite the fact that the “immigrant” is the child of a U.S. citizen.
The U.S. is one of the few developed countries in the world that
requires internationally adopted children of citizens to immigrate in
order to join their new families.
Most countries recognize internationally adopted children as citizens
upon the finalization of their adoption. The Foreign Adopted Children
Equality Act (FACE Act) would recognize that internationally adopted
children deserve to be treated as children of American citizens and
accorded the same citizenship process as children born abroad to
American citizens.
Under the FACE Act, Adoptive parents would apply for a U.S. passport
and Consular Report of Birth instead of a visa. These documents provide
adoptive parents with immediate proof of citizenship for their adopted
child and provide immediate proof of U.S. citizenship.
http://www.gopetition.com/petitions/face-act-of-2009.html
CAFFA's
position:
Support the bill and sign the petition
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Senator Landrieu (D, LA) Introduces Protecting Adoption and Promoting Responsible Fatherhood Act
Senator Mary Landrieu (D, LA) introduced the Protecting Adoption and Promoting Responsible Fatherhood Act of 2009 (S939) on Thursday, April 30. This Act proposes to establish a national putative father registry in which a putative father may register to receive notice of a proceeding to terminate his parental rights to, or the planned or pending adoption of, a child he may have fathered. It would also authorize grants to assist states in developing, establish and operating programs to improve the protections and rights of unwed father, to improve the laws and regulations involving paternal abandonment of a child, to assist mothers in planning for their children’s future, and to protect the privacy and safety of birthparents. Finally, the Act would provide for a nationwide media campaign to alert the public of the existence of the national putative father registry.
While a majority of states have statewide putative father registries, the implementation of a national putative registry is necessary to protect the rights of putative fathers whose possible children may have moved outside of the state in which the putative father lives. This legislation therefore represents an important improvement on the existing system. Its introduction is the culmination of efforts by Senator Landrieu’s office, National Council For Adoption, the American Academy of Adoption Attorneys, and child welfare advocates such as Professor Mary Beck of University of Missouri School of Law and Andrea Vavonese of Akin Gump Strauss Hauer & Feld LLP. Its passage will be a significant step toward protecting the rights of birthfathers and adoptive parents.
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Federal Tax Benefit Guide for Foster/Adoptive Parents, and Kinship Caregivers
The National Foster Parent Association has released a guide to the tax benefits available to foster and adoptive parents and kinship care providers for tax year 2008. The guide can be downloaded at: www.nfpaonline.org/uploads/2008_Federal_Tax_Benefits.pdf
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