Illinois Compiled Statutes
705 ILCS 405/2-29 (2026)
Adoption; appointment of guardian with power to consent
✓ current as of May 2026
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(705 ILCS 405/2-29)
(from Ch. 37, par. 802-29)
Sec. 2-29. Adoption; appointment of guardian with power to consent.
(1) With leave of the court, a minor who is the subject of an
abuse, neglect, or dependency petition under this
Act
may be the subject of a petition for adoption under the Adoption Act.
(1.1) The
parent or parents of a child in whose interest a petition under Section 2-13
of this Act is pending may, in the manner
required by the Adoption Act, (a) surrender the child for adoption to an agency legally authorized or licensed to place
children for adoption, (b) consent to the child's adoption, or (c) consent to the child's
adoption by a specified person or persons. Nothing in this
Section requires that the parent or parents execute the surrender, consent, or
consent to adoption by a specified person in open court.
(2) If a petition or motion alleges and the court
finds that it
is in the
best
interest of the minor that parental rights be terminated and the petition or
motion requests 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
parent is an unfit person as defined in Section 1 of the Adoption Act, may
terminate parental rights and empower the guardian of the
person of the minor, in the order appointing the guardian of the person of the minor 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 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.
(2.1) Notice to a parent who has appeared or been served with summons
personally or by certified mail, and for whom an order of default has been
entered on the petition for wardship and has not been set aside shall be
provided in accordance with Supreme Court Rule 11. Notice to a parent who was
served by publication and for whom an order of default has been entered on the
petition for wardship and has not been set aside shall be provided in
accordance with Sections 2-15 and 2-16.
(3) Parental consent to the order terminating
parental rights and authorizing the
guardian of the person
to consent to adoption of the minor must be in writing and signed in the form provided
in the Adoption Act,
but no names of petitioners for adoption need be included.
(4) A finding of the
unfitness of a parent must be made in compliance with the
Adoption Act, without regard to the likelihood that the child will be placed
for adoption, and be based upon clear and convincing
evidence. Provisions of the Adoption Act relating to minor
parents and to mentally ill
or mentally deficient parents apply to proceedings under this Section and
any findings with respect to such parents shall be based upon clear and
convincing evidence.
(Source: P.A. 103-22, eff. 8-8-23.)
Notes of Decisions
Cited in 528
cases (338 in the last 5 years), 1993–2026 · leading case: People v. Morgan, 2025 IL 130626 (Ill. 2025).
People v. Morgan, 2025 IL 130626 (Ill. 2025). “at 365; 705 ILCS 405/2-29 (West 2022); 750 ILCS 50/1(D) (West 2022)), and (2) if so, whether the State established by a preponderance of the evidence that termination of the parent’s fundamental right is in the minor’s best interest (D.”
Tekela v. Cooper, 780 N.E.2d 304 (Ill. 2002). “Section 2-29 of the Juvenile Court Act of 1987 (705 ILCS 405/2-29 (West 1998)) specifically authorizes the appointment of a guardian to consent to adoption once a termination order is issued.”
In re Tyianna J., 2017 IL App (1st) 162306 (Ill. App. Ct. 2017). “705 ILCS 405/2-29(1.1), (2) (West 2014). The circuit court first determines if the parent is an “unfit person” pursuant to one or more grounds set out in the Adoption Act (750 ILCS 50/1(D) (West 2014)).”
In Re Gwynne P., 830 N.E.2d 508 (Ill. 2005). “Following that hearing, the court entered an *514 order once again setting the appropriate permanency goal for Gwynne as substitute care pending court termination of parental rights.”
Illinois Dep't of Healthcare & Fam. Servs. v. Warner, 882 N.E.2d 557 (Ill. 2008). “Finally, we note respondent's reference, in his appellee brief, to section 2-29(2) of the Juvenile Court Act of 1987 (705 ILCS 405/2-29(2) (West 2004)). This provision was not raised by respondent in either the circuit court or the appellate court as the basis for his claim that…”
In re P.S., 2021 IL App (5th) 210027 (Ill. App. Ct. 2021). “705 ILCS 405/2-29(2) (West 2020). First, the State must prove by clear and convincing evidence that the parent is an unfit person as defined by the Adoption Act (750 ILCS 50/1(D) (West 2020)).”
In re Shauntae P., 2012 IL App (1st) 112280 (Ill. App. Ct. 2012). “In relevant part, the termination petitions alleged that Keisha was unfit in that she had failed to maintain a reasonable degree of interest, concern or responsibility as to her children’s welfare (750 ILCS 50/1(D)(b) (West 2008); 705 ILCS 405/2-29 (West 2008)), and that she had…”
In re Haley D., 2011 IL 110886 (Ill. 2011). “Such proceedings are governed by section 2-29 of the Juvenile Court Act (705 ILCS 405/2-29 (West 2008)). Petitions brought under section 2-29 must contain an allegation that the parent is an “unfit person” as defined by section 1(D) of the Adoption Act (750 ILCS 50/1(D) (West…”
In re J.H., 2020 IL App (4th) 200150 (Ill. App. Ct. 2020). “The Findings That Respondents Were “Unfit Persons” ¶ 67 There are two steps to the involuntary termination of parental rights. First, the State must prove, by clear and convincing evidence, that the parent is an “unfit person” as defined in section 1(D) of the Adoption Act (750…”
In re Z.J., 2020 IL App (2d) 190824 (Ill. App. Ct. 2021). “and the foster mother spoke every day, which was “far more communication than goes on with [respondent] who continues to live and be married to [Daniel] who Z.J. does express fear [of].” On September 19, 2019, respondent filed a notice of appeal.”
In re B'Yata I., 2014 IL App (2d) 130558-B (Ill. App. Ct. 2014). “705 ILCS 405/2-29(2) (West 2012). Initially, the State must prove that the parent is unfit.”
In re M.I., 2016 IL 120232 (Ill. 2016). “705 ILCS 405/2-29(2) (West 2014). “First, the court must find, by ‘clear and convincing evidence, that a parent is an unfit person as defined in Section 1 of the Adoption Act.”
— 705 ILCS 405/2-29(1) — 5 cases
Matter of Kjr, 687 N.E.2d 113 (Ill. App. Ct. 1997).
In re Jacari L., 2024 IL App (5th) 230745-U (Ill. App. Ct. 2024).
In re A.C., 2024 IL App (4th) 240898-U (Ill. App. Ct. 2024).
In re Jacob K. (Ill. App. Ct. 2003).
In Re Jacob K., 792 N.E.2d 477 (Ill. App. Ct. 2003).
— 705 ILCS 405/2-29(2) — 455 cases
People v. Morgan, 2025 IL 130626 (Ill. 2025). “at 365; 705 ILCS 405/2-29 (West 2022); 750 ILCS 50/1(D) (West 2022)), and (2) if so, whether the State established by a preponderance of the evidence that termination of the parent’s fundamental right is in the minor’s best interest (D.”
Illinois Dep't of Healthcare & Fam. Servs. v. Warner, 882 N.E.2d 557 (Ill. 2008). “Finally, we note respondent's reference, in his appellee brief, to section 2-29(2) of the Juvenile Court Act of 1987 (705 ILCS 405/2-29(2) (West 2004)). This provision was not raised by respondent in either the circuit court or the appellate court as the basis for his claim that…”
In re P.S., 2021 IL App (5th) 210027 (Ill. App. Ct. 2021). “705 ILCS 405/2-29(2) (West 2020). First, the State must prove by clear and convincing evidence that the parent is an unfit person as defined by the Adoption Act (750 ILCS 50/1(D) (West 2020)).”
Tekela v. Cooper, 780 N.E.2d 304 (Ill. 2002). “Section 2-29 of the Juvenile Court Act of 1987 (705 ILCS 405/2-29 (West 1998)) specifically authorizes the appointment of a guardian to consent to adoption once a termination order is issued.”
In re J.H., 2020 IL App (4th) 200150 (Ill. App. Ct. 2020). “The Findings That Respondents Were “Unfit Persons” ¶ 67 There are two steps to the involuntary termination of parental rights. First, the State must prove, by clear and convincing evidence, that the parent is an “unfit person” as defined in section 1(D) of the Adoption Act (750…”
— 705 ILCS 405/2-29(4) — 12 cases
In re Tyianna J., 2017 IL App (1st) 162306 (Ill. App. Ct. 2017). “705 ILCS 405/2-29(1.1), (2) (West 2014). The circuit court first determines if the parent is an “unfit person” pursuant to one or more grounds set out in the Adoption Act (750 ILCS 50/1(D) (West 2014)).”
In re Faith S., 2019 IL App (1st) 182290 (Ill. App. Ct. 2019).
In re D.T., 2017 IL App (3d) 170120 (Ill. App. Ct. 2017).
In re D.T., 2017 IL App (3d) 170120 (Ill. App. Ct. 2017).
In Re Dc, 807 N.E.2d 472 (Ill. 2004).
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