Sec. 4-27. Adoption; appointment of guardian with power to consent.

427 words·~2 min read·/il/chapter-705/act-405/4-27

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)A ward of the court under this Act, with the consent of the court, may be the subject of a petition for adoption under the Adoption Act, or with like consent the minor's parent or parents may, in the manner required by such Act, surrender the minor for adoption to an agency legally authorized or licensed to place children for adoption.

(2)If the petition prays and the court finds that it is in the best interests of the minor that a guardian of the person be appointed and authorized to consent to the adoption of the minor, the court with the consent of the parents, if living, or after finding, based upon clear and convincing evidence, that a non-consenting parent is an unfit person as defined in Section 1 of the Adoption Act, may empower the guardian of the person of the minor, in the order appointing the person as such guardian, to appear in court where any proceedings for the adoption of the minor may at any time be pending and to consent to the adoption. Such consent is sufficient to authorize the court in the adoption proceedings to enter a proper order or judgment of adoption without further notice to, or consent by, the parents of the minor. An order so empowering the guardian to consent to adoption terminates parental rights, deprives the parents of the minor of all legal rights as respects the minor and relieves them of all parental responsibility for the minor, and frees the minor from all obligations of maintenance and obedience to the minor's natural parents.

If the minor is over 14 years of age, the court may, in its discretion, consider the wishes of the minor in determining whether the best interests of the minor would be promoted by the finding of the unfitness of a non-consenting parent.

(3)Parental consent to the order authorizing the guardian of the person to consent to adoption of the minor shall be given in open court whenever possible and otherwise must be in writing and signed in the form provided in the Adoption Act, but no names of petitioners for adoption need be included. A finding of the unfitness of a nonconsenting parent must be made in compliance with that Act and be based upon clear and convincing evidence. Provisions of that Act relating to minor parents and to mentally ill or mentally deficient parents apply to proceedings under this Section and shall be based upon clear and convincing evidence.