Illinois Compiled Statutes
750 ILCS 50/11 (2026)
Consents, surrenders, waivers, irrevocability
✓ current as of May 2026
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(750 ILCS 50/11)
(from Ch. 40, par. 1513)
Sec. 11. Consents, surrenders, waivers, irrevocability.
(a) A consent to adoption or standby adoption by a parent, including a
minor, executed and
acknowledged in accordance with the provisions of Section 10 of this Act, or
a surrender of a child by a parent, including a minor, to an agency for the
purpose of adoption shall be irrevocable unless it shall have been obtained
by fraud or duress on the part of the person before whom such consent,
surrender, or other document equivalent to a surrender is acknowledged
pursuant to the provisions of Section 10 of this Act or on the part of the
adopting parents or their agents and a court of competent jurisdiction
shall so find. No action to void or revoke a consent to or surrender for
adoption, including an action based on fraud or duress, may be commenced
after 12 months from the date the consent or surrender was executed.
The consent or surrender of a parent who is a minor shall
not be voidable because of such minority.
(a-1) A waiver signed by a putative or legal father, including a minor, executed and acknowledged in accordance with Section 10 of this Act, shall be irrevocable unless it shall have been obtained by fraud or duress on the part of the adopting parents or their agents and a court of competent jurisdiction shall so find. No action to void a waiver may be commenced after 12 months from the date the waiver was executed. The waiver of a putative or legal father who is a minor shall not be voidable because of such minority. (b) The petitioners in an adoption proceeding are entitled to rely upon a
sworn statement of the biological mother of the child to be adopted identifying
the father of her child. The affidavit shall be conclusive evidence as to the
biological mother regarding the facts stated therein, and shall create a
rebuttable presumption of truth as to the biological father only. Except as
provided in Section 11 of this Act, the biological mother of the child shall be
permanently barred from attacking the proceeding thereafter. The biological
mother, including a biological mother who is a petitioner, shall execute such affidavit in writing and under oath. The affidavit
shall be executed by the biological mother before or at the time of execution
of the consent or surrender, and shall be retained by the court and be a part
of the Court's files. The form of affidavit shall be substantially as follows:
AFFIDAVIT OF IDENTIFICATION
I, ................., the mother of a (male or female) child, state under
oath or affirm as follows:
(1) That the child was born, or is expected to be born, on (insert
date), at ......................., in
the State of ...................
(2) That I reside at .................., in the City or Village of
..........., State of ...................
(3) That I am of the age of ....... years.
(4) That I acknowledge that I have been asked to identify the father of my
child.
(5) (CHECK ONE)
.... I know and am identifying the biological father.
.... I do not know the identity of the biological father.
.... I am unwilling to identify the biological father.
(6A) If I know and am identifying the father:
That the name of the biological father is ....................; his last
known home address is ............; his last known work address is
....................; and he is ..... years of age; or he is deceased, having
died on (insert date) at
.............., in the State of ..................
(6B) If I do not know the identity of the biological father:
I do not know who the biological father is; the following is
an explanation of why I am unable to identify him:
..............................................................
..............................................................
..............................................................
(6C) If I am unwilling to identify the biological father:
I do not wish to name the biological father of the child for the following
reasons:
..............................................................
..............................................................
..............................................................
(7) (CHECK ONE) .... I am married to the biological father. .... I am not and have not been married to the biological father within 300 days of the child's birth. .... The child has another legal parent who is not the biological parent (please explain): .......................................................................................................................................................................................... (8) Regarding whether a court order has been entered by any court finding any person to be the biological father or legal parent of the child: (CHECK ONE) .... No, a court order has not been entered. .... Yes, a court order has been entered and it is Case No. ..... in the Circuit Court located in ............... County (if the case number and county is known). .... I do not know whether there are any court or other proceedings related to a finding of any person to be the biological father or legal parent of the child. (9) The physical description of the biological father is:
.
..............................................................
..............................................................
(10) I reaffirm that the information contained in this Affidavit is true and correct.
(11) I have been informed and understand that if I am unwilling, refuse to
identify, or misidentify the biological father of the child, absent fraud
or duress, I am permanently barred from attacking the proceedings for the
adoption of the child at any time after I sign a final and irrevocable
consent to adoption or surrender for purposes of adoption.
(12) I have read this Affidavit and have had the opportunity to review and
question it; it was explained to me by ............................; and I am
signing it as my free and voluntary act and understand the contents and the
results of signing it.
Dated (insert date).
...................................
Signature
Under penalties as provided by law under Section 1-109 of the Code
of Civil Procedure, the undersigned certifies that the statements set
forth in this Affidavit are true and correct.
...................................
Signature
(Source: P.A. 102-139, eff. 1-1-22.)
Notes of Decisions
Cited in 17
cases (1 in the last 5 years), 1993–2021 · leading case: In Re Joseph B., 630 N.E.2d 1180 (Ill. App. Ct. 1994).
In Re Joseph B., 630 N.E.2d 1180 (Ill. App. Ct. 1994). “(750 ILCS 50/11 (West 1992).) In response, Angela argued among other things the doctrine of equitable estoppel.”
In Re Marriage of Rhodes, 760 N.E.2d 592 (Ill. App. Ct. 2001). “A trial court has the authority to adjudicate the validity of consents only when a proceeding has been initiated under the auspices of the Adoption Act or the party seeking to withdraw his consent has filed an independent declaratory judgment action invoking the provisions of…”
In Re Petition of Doe, 627 N.E.2d 648 (Ill. App. Ct. 1993). “After refusing to identify Otakar as the biological father of Richard and signing a final and irrevocable consent to adoption, she lied about Richard's birth.”
In Re Jd, 739 N.E.2d 1036 (Ill. App. Ct. 2000). “See 750 ILCS 50/11 (West 1998). C. Twelve-Month Limitation Jane's challenge to the trial court's jurisdiction is also time-barred.”
People v. M.L., 921 N.E.2d 797 (Ill. App. Ct. 2009). “The Act is not so limited. The Act recognizes that a "putative father" may be a "male who is less than 18 years of age.”
In re J.D., 317 Ill. App. 3d 419 (Ill. App. Ct. 2000). “See 750 ILCS 50/11 (West 1998). C. Twelve-Month Limitation Jane’s challenge to the trial court’s jurisdiction is also time-barred.”
In Re Adoption of Samuel E., 937 N.E.2d 1142 (Ill. App. Ct. 2010). “Dismissal was grounded on the circuit court’s determination that Ann’s general consent to allow Samuel’s adoption by another couple was a surrender of parental rights and that the consent was not timely revoked by Ann under section 11 of the Adoption Act (Act) (750 ILCS 50/11…”
In Re Jd, 739 N.E.2d 1043 (Ill. App. Ct. 2000). “Section 11(a) of the Adoption Act provides, in relevant part: "No action to void or revoke a consent to or surrender for adoption, including an action based on fraud or duress, may be commenced after 12 months from the date the consent or surrender was executed.”
In re Adoption of J.W., 2016 IL App (5th) 150203 (Ill. App. Ct. 2016). “The biological parents filed a motion to revoke their surrenders, and the adoption agency filed a motion to dismiss, citing the 12-month statute of limitations found in section 11 of the Illinois Adoption Act (750 ILCS 50/11(a) (West 2012)). The trial court denied the motion to…”
People v. Angela S., 630 N.E.2d 1180 (Ill. App. Ct. 1994). “(750 ILCS 50/11 (West 1992).) In response, Angela argued, among other things, the doctrine of equitable estoppel.”
Deaver v. Jordan, 2020 IL App (5th) 200084-U (Ill. App. Ct. 2020). “See 410 ILCS 210/1 (West 2018) (a parent who is a minor may consent to performance of health care service by a physician and is deemed to have same legal capacity to act as a person of legal age); 750 ILCS 50/11(a) (West 2018) (consent to adoption or surrender of a child by a…”
In Re Adoption of Trystyn D., 600 N.W.2d 508 (Neb. Ct. App. 1999). “’ 750 ILCS 50/11 (West 1992).” In re Joseph B.”
— 750 ILCS 50/11(a) — 9 cases
People v. M.L., 921 N.E.2d 797 (Ill. App. Ct. 2009). “The Act is not so limited. The Act recognizes that a "putative father" may be a "male who is less than 18 years of age.”
In Re Jd, 739 N.E.2d 1036 (Ill. App. Ct. 2000). “See 750 ILCS 50/11 (West 1998). C. Twelve-Month Limitation Jane's challenge to the trial court's jurisdiction is also time-barred.”
In Re Jd, 739 N.E.2d 1043 (Ill. App. Ct. 2000). “Section 11(a) of the Adoption Act provides, in relevant part: "No action to void or revoke a consent to or surrender for adoption, including an action based on fraud or duress, may be commenced after 12 months from the date the consent or surrender was executed.”
In re Adoption of J.W., 2016 IL App (5th) 150203 (Ill. App. Ct. 2016). “The biological parents filed a motion to revoke their surrenders, and the adoption agency filed a motion to dismiss, citing the 12-month statute of limitations found in section 11 of the Illinois Adoption Act (750 ILCS 50/11(a) (West 2012)). The trial court denied the motion to…”
Deaver v. Jordan, 2020 IL App (5th) 200084-U (Ill. App. Ct. 2020). “See 410 ILCS 210/1 (West 2018) (a parent who is a minor may consent to performance of health care service by a physician and is deemed to have same legal capacity to act as a person of legal age); 750 ILCS 50/11(a) (West 2018) (consent to adoption or surrender of a child by a…”
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