ILCS » Chapter 750 · Act 50
Illinois Compiled Statutes

750 ILCS 50/15.1 (2026)

(a) Any person over the age of 18, who has cared for a child for a continuous period of one year or more as a foster parent licensed under the Child Care Act of 1969 to operate a foster family home, as a certified relative caregiver as defined in Section 2

✓ current as of May 2026
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(750 ILCS 50/15.1) (from Ch. 40, par. 1519.1)
    Sec. 15.1. (a) Any person over the age of 18, who has cared for a child for a continuous period of one year or more as a foster parent licensed under the Child Care Act of 1969 to operate a foster family home, as a certified relative caregiver as defined in Section 2.37 of the Child Care Act of 1969, or as a relative caregiver as defined in Section 4d of the Children and Family Services Act, may apply to the child's guardian with the power to consent to adoption, for such guardian's consent.
    (b) Such guardian shall give preference and first consideration to that application over all other applications for adoption of the child but the guardian's final decision shall be based on the welfare and best interest of the child. In arriving at this decision, the guardian shall consider all relevant factors including but not limited to:
        (1) the wishes of the child;
        (2) the interaction and interrelationship of the
    
child with the applicant to adopt the child;
        (3) the child's need for stability and continuity of
    
relationship with parent figures;
        (4) the wishes of the child's parent as expressed in
    
writing prior to that parent's execution of a consent or surrender for adoption;
        (5) the child's adjustment to the child's present
    
home, school and community;
        (6) the mental and physical health of all individuals
    
involved;
        (7) the family ties between the child and the
    
applicant to adopt the child and the value of preserving family ties between the child and the child's relatives, including siblings;
        (8) the background, age and living arrangements of
    
the applicant to adopt the child;
        (9) the criminal background check report presented to
    
the court as part of the investigation required under Section 6 of this Act.
    (c) The final determination of the propriety of the adoption shall be within the sole discretion of the court, which shall base its decision on the welfare and best interest of the child. In arriving at this decision, the court shall consider all relevant factors including but not limited to the factors in subsection (b).
    (d) If the court specifically finds that the guardian has abused the guardian's discretion by withholding consent to an adoption in violation of the child's welfare and best interests, then the court may grant an adoption, after all of the other provisions of this Act have been complied with, with or without the consent of the guardian with power to consent to adoption. If the court specifically finds that the guardian has abused the guardian's discretion by granting consent to an adoption in violation of the child's welfare and best interests, then the court may deny an adoption even though the guardian with power to consent to adoption has consented to it.
(Source: P.A. 103-1061, eff. 7-1-25.)

    
Notes of Decisions
Cited in 14 cases (4 in the last 5 years), 1994–2026 · leading case: Matter of Adoption of LRB, 664 N.E.2d 347 (Ill. App. Ct. 1996).
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Matter of Adoption of LRB, 664 N.E.2d 347 (Ill. App. Ct. 1996). · cites it 5× “Apparently the foster parents in Johnson had not had custody of the child for 12 months (see 750 ILCS 50/15.1(a) (West 1994)). Johnson, 182 Ill.”
In Re Austin W., 823 N.E.2d 572 (Ill. 2005). “750 ILCS 50/15.1 (West 2000). Further, as noted earlier in this opinion, once the parental rights of Austin's mother and father were terminated in May 2001, adoption by Fontaine was the permanency goal selected for Austin by DCFS in June 2001, and approved by the court.”
In Re Adoption of CD, 729 N.E.2d 553 (Ill. App. Ct. 2000). · cites it 3× “1(a) and (b) of the Adoption Act (750 ILCS 50/15.1(a), (b) (West 1998)). The sections give foster parents who have had custody for more than one year a preference in the adoption proceeding.”
Dep't of Child. & Fam. Servs. v. Charlene T., 631 N.E.2d 257 (Ill. App. Ct. 1994). · cites it 3× “1 (now codified at 750 ILCS 50/15.1 (West 1992)).) The Adoption Act further provides that the court may deny an adoption to which the guardian has consented if it finds that consent was an abuse of discretion; similarly, if the guardian commits an abuse of discretion by…”
Cranston v. L.R.B., 278 Ill. App. 3d 1091 (Ill. App. Ct. 1996). · cites it 5× “Apparently the foster parents in Johnson had not had custody of the child for 12 months (see 750 ILCS 50/15.1(a) (West 1994)). Johnson, 182 Ill.”
In re Adoption of M.C., 2024 IL App (5th) 240430-U (Ill. App. Ct. 2024). · cites it 7× “750 ILCS 50/15.1 (West 2022). M.C. wished to be adopted by Taylor and found a “home and a parent figure” with Taylor.”
Julie K v. IDCFS (Ill. App. Ct. 2026). · cites it 7× “” 750 ILCS 50/15.1(a)-(b) (West 2024). The Adoption Act then sets forth several considerations regarding the child’s best interests, including: (1) the wishes of the child, (2) the interaction and interrelationship of the child with the applicant to adopt the child, (3) the…”
Bonnie S.P. v. Phillip P., 313 Ill. App. 3d 301 (Ill. App. Ct. 2000). · cites it 3× “1(a) and (b) of the Adoption Act (750 ILCS 50/15.1(a), (b) (West 1998)). The sections give foster parents who have had custody for more than one year a preference in the adoption proceeding.”
Berkley v. Illinois Dep't of Child. & Fam. Servs., 823 N.E.2d 572 (Ill. 2005). “750 ILCS 50/15.1 (West 2000). Further, as noted earlier in this opinion, once the parental rights of Austin’s mother and father were terminated in May 2001, adoption by Fontaine was the permanency goal selected for Austin by DCFS in June 2001, and approved by the court.”
Harold K. v. Ryan B., 730 N.E.2d 88 (Ill. App. Ct. 2000). · cites it 2× “” 750 ILCS 50/15.1(b) (West 1994). If the Ks.”
In re Adoption of Gianna T. (Ill. App. Ct. 2026). · cites it 2× “(5) the child’s adjustment to the child’s present home, school and community; (6) the mental and physical health of all individuals involved; (7) the family ties between the child and the applicant to adopt the child and the value of preserving family ties between the child and…”
In re Adoption of C.D. (Ill. App. Ct. 2000). · cites it 3× “1(a) and (b) of the Adoption Act (750 ILCS 50/15.1(a), (b) (West 1998)). The sections give foster parents who have had custody for more than one year a preference in the adoption proceeding.”
Show all 14 citing cases →
— 750 ILCS 50/15.1(a) — 7 cases
In Re Adoption of CD, 729 N.E.2d 553 (Ill. App. Ct. 2000). “1(a) and (b) of the Adoption Act (750 ILCS 50/15.1(a), (b) (West 1998)). The sections give foster parents who have had custody for more than one year a preference in the adoption proceeding.”
Matter of Adoption of LRB, 664 N.E.2d 347 (Ill. App. Ct. 1996). “Apparently the foster parents in Johnson had not had custody of the child for 12 months (see 750 ILCS 50/15.1(a) (West 1994)). Johnson, 182 Ill.”
Cranston v. L.R.B., 278 Ill. App. 3d 1091 (Ill. App. Ct. 1996). “Apparently the foster parents in Johnson had not had custody of the child for 12 months (see 750 ILCS 50/15.1(a) (West 1994)). Johnson, 182 Ill.”
Bonnie S.P. v. Phillip P., 313 Ill. App. 3d 301 (Ill. App. Ct. 2000). “1(a) and (b) of the Adoption Act (750 ILCS 50/15.1(a), (b) (West 1998)). The sections give foster parents who have had custody for more than one year a preference in the adoption proceeding.”
Julie K v. IDCFS (Ill. App. Ct. 2026). “” 750 ILCS 50/15.1(a)-(b) (West 2024). The Adoption Act then sets forth several considerations regarding the child’s best interests, including: (1) the wishes of the child, (2) the interaction and interrelationship of the child with the applicant to adopt the child, (3) the…”
— 750 ILCS 50/15.1(b) — 11 cases
In Re Adoption of CD, 729 N.E.2d 553 (Ill. App. Ct. 2000). “1(a) and (b) of the Adoption Act (750 ILCS 50/15.1(a), (b) (West 1998)). The sections give foster parents who have had custody for more than one year a preference in the adoption proceeding.”
Matter of Adoption of LRB, 664 N.E.2d 347 (Ill. App. Ct. 1996). “Apparently the foster parents in Johnson had not had custody of the child for 12 months (see 750 ILCS 50/15.1(a) (West 1994)). Johnson, 182 Ill.”
Dep't of Child. & Fam. Servs. v. Charlene T., 631 N.E.2d 257 (Ill. App. Ct. 1994). “1 (now codified at 750 ILCS 50/15.1 (West 1992)).) The Adoption Act further provides that the court may deny an adoption to which the guardian has consented if it finds that consent was an abuse of discretion; similarly, if the guardian commits an abuse of discretion by…”
Cranston v. L.R.B., 278 Ill. App. 3d 1091 (Ill. App. Ct. 1996). “Apparently the foster parents in Johnson had not had custody of the child for 12 months (see 750 ILCS 50/15.1(a) (West 1994)). Johnson, 182 Ill.”
Bonnie S.P. v. Phillip P., 313 Ill. App. 3d 301 (Ill. App. Ct. 2000). “1(a) and (b) of the Adoption Act (750 ILCS 50/15.1(a), (b) (West 1998)). The sections give foster parents who have had custody for more than one year a preference in the adoption proceeding.”
— 750 ILCS 50/15.1(b)(3) — 1 case
Julie K v. IDCFS (Ill. App. Ct. 2026). “” 750 ILCS 50/15.1(a)-(b) (West 2024). The Adoption Act then sets forth several considerations regarding the child’s best interests, including: (1) the wishes of the child, (2) the interaction and interrelationship of the child with the applicant to adopt the child, (3) the…”
— 750 ILCS 50/15.1(b)(4) — 3 cases
Matter of Adoption of LRB, 664 N.E.2d 347 (Ill. App. Ct. 1996). “Apparently the foster parents in Johnson had not had custody of the child for 12 months (see 750 ILCS 50/15.1(a) (West 1994)). Johnson, 182 Ill.”
Cranston v. L.R.B., 278 Ill. App. 3d 1091 (Ill. App. Ct. 1996). “Apparently the foster parents in Johnson had not had custody of the child for 12 months (see 750 ILCS 50/15.1(a) (West 1994)). Johnson, 182 Ill.”
Julie K v. IDCFS (Ill. App. Ct. 2026). “” 750 ILCS 50/15.1(a)-(b) (West 2024). The Adoption Act then sets forth several considerations regarding the child’s best interests, including: (1) the wishes of the child, (2) the interaction and interrelationship of the child with the applicant to adopt the child, (3) the…”
— 750 ILCS 50/15.1(b)(7) — 3 cases
Matter of Adoption of LRB, 664 N.E.2d 347 (Ill. App. Ct. 1996). “Apparently the foster parents in Johnson had not had custody of the child for 12 months (see 750 ILCS 50/15.1(a) (West 1994)). Johnson, 182 Ill.”
Cranston v. L.R.B., 278 Ill. App. 3d 1091 (Ill. App. Ct. 1996). “Apparently the foster parents in Johnson had not had custody of the child for 12 months (see 750 ILCS 50/15.1(a) (West 1994)). Johnson, 182 Ill.”
Julie K v. IDCFS (Ill. App. Ct. 2026). “” 750 ILCS 50/15.1(a)-(b) (West 2024). The Adoption Act then sets forth several considerations regarding the child’s best interests, including: (1) the wishes of the child, (2) the interaction and interrelationship of the child with the applicant to adopt the child, (3) the…”
— 750 ILCS 50/15.1(c) — 9 cases
In Re Adoption of CD, 729 N.E.2d 553 (Ill. App. Ct. 2000). “1(a) and (b) of the Adoption Act (750 ILCS 50/15.1(a), (b) (West 1998)). The sections give foster parents who have had custody for more than one year a preference in the adoption proceeding.”
Matter of Adoption of LRB, 664 N.E.2d 347 (Ill. App. Ct. 1996). “Apparently the foster parents in Johnson had not had custody of the child for 12 months (see 750 ILCS 50/15.1(a) (West 1994)). Johnson, 182 Ill.”
Cranston v. L.R.B., 278 Ill. App. 3d 1091 (Ill. App. Ct. 1996). “Apparently the foster parents in Johnson had not had custody of the child for 12 months (see 750 ILCS 50/15.1(a) (West 1994)). Johnson, 182 Ill.”
Bonnie S.P. v. Phillip P., 313 Ill. App. 3d 301 (Ill. App. Ct. 2000). “1(a) and (b) of the Adoption Act (750 ILCS 50/15.1(a), (b) (West 1998)). The sections give foster parents who have had custody for more than one year a preference in the adoption proceeding.”
Harold K. v. Ryan B., 730 N.E.2d 88 (Ill. App. Ct. 2000). “” 750 ILCS 50/15.1(b) (West 1994). If the Ks.”
— 750 ILCS 50/15.1(d) — 2 cases
Dep't of Child. & Fam. Servs. v. Charlene T., 631 N.E.2d 257 (Ill. App. Ct. 1994). “1 (now codified at 750 ILCS 50/15.1 (West 1992)).) The Adoption Act further provides that the court may deny an adoption to which the guardian has consented if it finds that consent was an abuse of discretion; similarly, if the guardian commits an abuse of discretion by…”
In re Adoption of M.C., 2024 IL App (5th) 240430-U (Ill. App. Ct. 2024). “750 ILCS 50/15.1 (West 2022). M.C. wished to be adopted by Taylor and found a “home and a parent figure” with Taylor.”
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