ILCS » Chapter 750 · Act 50
Illinois Compiled Statutes

750 ILCS 50/5 (2026)

Petition, contents, verification, filing

✓ current as of May 2026
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(750 ILCS 50/5) (from Ch. 40, par. 1507)
    Sec. 5. Petition, contents, verification, filing.
    A. A proceeding to adopt a child, other than a related child, shall be commenced by the filing of a petition within 30 days after such child has become available for adoption, provided that such petition may be filed at a later date by leave of court upon a showing that the failure to file such petition within such 30 day period was not due to the petitioners' culpable negligence or their wilful disregard of the provisions of this Section. In the case of a child born outside the United States or a territory thereof, if the prospective adoptive parents of such child have been appointed guardians of such child by a court of competent jurisdiction in a country other than the United States or a territory thereof, such parents shall file a petition as provided in this Section within 30 days after entry of the child into the United States. A petition to adopt an adult or a related child may be filed at any time. A petition for adoption may include more than one person sought to be adopted.
    B. A petition to adopt a child other than a related child shall state:
        (a) The full names of the petitioners and, if minors,
    
their respective ages;
        (b) The place of residence of the petitioners and the
    
length of residence of each in the State of Illinois immediately preceding the filing of the petition;
        (c) When the petitioners acquired, or intend to
    
acquire, custody of the child, and the name and address of the persons or agency from whom the child was or will be received;
        (d) The name, the place and date of birth if known,
    
and the sex of the child sought to be adopted;
        (e) The relationship, if any, of the child to each
    
petitioner;
        (f) The names, if known, and the place of residence,
    
if known, of the parents; and whether such parents are minors, or otherwise under any legal disability. The names and addresses of the parents shall be omitted and they shall not be made parties defendant to the petition if (1) the rights of the parents have been terminated by a court of competent jurisdiction, or (2) the child has been surrendered to an agency, or (3) the parent or parents have been served with the notice provided in Section 12a of this Act and said parent or parents have filed a disclaimer of paternity as therein provided or have failed to file such declaration of paternity or a request for notice as provided in said Section, or (4) the parent is a putative father or legal father of the child who has waived his parental rights by signing a waiver as provided in subsection S of Section 10;
        (g) If it is alleged that the child has no living
    
parent, then the name of the guardian, if any, of such child and the court which appointed such guardian;
        (h) If it is alleged that the child has no living
    
parent and that no guardian of such child is known to petitioners, then the name of a near relative, if known, shall be set forth, or an allegation that no near relative is known and on due inquiry cannot be ascertained by petitioners;
        (i) The name to be given the child or adult;
        (j) That the person or agency, having authority to
    
consent under Section 8 of this Act, has consented, or has indicated willingness to consent, to the adoption of the child by the petitioners, or that the person having authority to consent is an unfit person and the ground therefor, or that no consent is required under paragraph (f) of Section 8 of this Act;
        (k) Whatever orders, judgments or decrees have
    
heretofore been entered by any court affecting (1) adoption or custody of the child, or (2) the adoptive, custodial or parental rights of either petitioner, including the prior denial of any petition for adoption pertaining to such child, or to the petitioners, or either of them.
    C. A petition to adopt a related child shall include the information specified in sub-paragraphs (a), (b), (d), (e), (f), (i) and (k) of paragraph B and a petition to adopt an adult shall contain the information required by sub-paragraphs (a), (b) and (i) of paragraph B in addition to the name, place, date of birth and sex of such adult.
    D. The petition shall be verified by the petitioners.
    E. Upon the filing of the petition the petitioners shall furnish the Clerk of the Court in which the petition is pending such information not contained in such petition as shall be necessary to enable the Clerk of such Court to complete a certificate of adoption as hereinafter provided.
    F. A petition for standby adoption shall conform to the requirements of this Act with respect to petition contents, verification, and filing. The petition for standby adoption shall also state the facts concerning the consent of the child's parent to the standby adoption. A petition for standby adoption shall include the information in paragraph B if the petitioner seeks to adopt a child other than a related child. A petition for standby adoption shall include the information in paragraph C if the petitioner seeks to adopt a related child or adult.
    G. A petition for adoption to re-adopt a child after an intercountry adoption shall include the information specified in sub-paragraphs (a), (b), (c), (d), (e), (i) and (k) of paragraph B.
(Source: P.A. 99-49, eff. 7-15-15.)

    
Notes of Decisions
Cited in 34 cases (6 in the last 5 years), 1995–2026 · leading case: In Re India B., 782 N.E.2d 224 (Ill. 2002).
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In Re India B., 782 N.E.2d 224 (Ill. 2002). · cites it 8× “See 750 ILCS 50/1(F)(b), 8(a)(1) (West 1998). Thus, it was incumbent upon respondent to seek a stay of the enforcement of the termination order.”
People v. Boclair, 789 N.E.2d 734 (Ill. 2002). · cites it 2× “33 (West 2000) (Metropolitan Water Reclamation District Act); 110 ILCS 70/46 (West 2000) (State Universities Civil Service Act); 725 ILCS 5/122-1(c) (West 2000) (Post-Conviction Hearing Act); 750 ILCS 50/5 (West 2000) (Adoption Act); 188 Ill.”
People v. Rissley, 795 N.E.2d 174 (Ill. 2003). · cites it 2× “33 (West 2000) (Metropolitan Water Reclamation District Act); 110 ILCS 70/46 (West 2000) (State Universities Civil Service Act); 725 ILCS 5/122-1(c) (West 2000) (Post-Conviction Hearing Act); 750 ILCS 50/5 (West 2000) (Adoption Act); 188 Ill.”
Tekela v. Cooper, 780 N.E.2d 304 (Ill. 2002). · cites it 2× “"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.”
Petition of Kirchner, 649 N.E.2d 324 (Ill. 1995). · cites it 2× “In addition, the majority believes that, upon the reversal of an adoption decree, custody of the child involved must automatically vest in a parent whose rights would otherwise have been terminated by the decree.”
In re R.D., 2021 IL App (1st) 201411 (Ill. App. Ct. 2021). “1, 2017), governing appeals from a judgment terminating parental rights under the Adoption Act (750 ILCS 50/5 (West 2016)). ¶4 II. BACKGROUND ¶5 Respondents contend that the trial court’s use of Zoom to conduct their termination hearings violated their due process rights.”
In re A.S.B., 688 N.E.2d 1215 (Ill. App. Ct. 1997). “See 750 ILCS 50/ 5(B)(f)(l) (West 1994) (parents shall not be made parties to an adoption proceeding if their rights have been terminated).”
Adoption of K.L.P. v. R.P., 763 N.E.2d 741 (Ill. 2002). · cites it 2× “filed adoption petitions in the circuit court of Kendall County, pursuant to the Adoption Act (750 ILCS 50/5(C) (West 1998) (petition to adopt a related child)).”
Matter of Adoption of LRB, 664 N.E.2d 347 (Ill. App. Ct. 1996). · cites it 2× “" Compare 750 ILCS 50/5(B) (West 1994) (petition to adopt nonrelated child) with 750 ILCS 50/5(C) (West 1994) (petition to adopt related child).”
In re K.B., 2019 IL App (4th) 190496 (Ill. App. Ct. 2020). “An appeal may be taken to the Appellate Court from an interlocutory order of court: *** (6) terminating parental rights or granting, denying or revoking temporary commitment in adoption proceedings commenced pursuant to section 5 of the Adoption Act [(750 ILCS 50/5 (West…”
Christine at v. Ht, 761 N.E.2d 299 (Ill. App. Ct. 2001). · cites it 3× “) 750 ILCS 50/5(B) (West 1998). Subparagraph (h), requiring notice to a near relative, is contained in that section.”
In re J.D., 317 Ill. App. 3d 445 (Ill. App. Ct. 2000). “See 750 ILCS 50/5(0 (West 1998). None of DCFS’ or the circuit court’s actions deprived the trial court of jurisdiction to enter an adoption judgment.”
Show all 34 citing cases →
— 750 ILCS 50/5(A) — 8 cases
In Re India B., 782 N.E.2d 224 (Ill. 2002). “See 750 ILCS 50/1(F)(b), 8(a)(1) (West 1998). Thus, it was incumbent upon respondent to seek a stay of the enforcement of the termination order.”
In Re Adoption of KLP, 735 N.E.2d 1071 (Ill. App. Ct. 2000).
In re Adoption of K.L.P., 316 Ill. App. 3d 110 (Ill. App. Ct. 2000).
People v. Denise S., 782 N.E.2d 224 (Ill. 2002).
Pasierb v. Bishop, 887 N.E.2d 445 (Ill. App. Ct. 2008).
— 750 ILCS 50/5(B) — 7 cases
In Re India B., 782 N.E.2d 224 (Ill. 2002). “See 750 ILCS 50/1(F)(b), 8(a)(1) (West 1998). Thus, it was incumbent upon respondent to seek a stay of the enforcement of the termination order.”
Matter of Adoption of LRB, 664 N.E.2d 347 (Ill. App. Ct. 1996). “" Compare 750 ILCS 50/5(B) (West 1994) (petition to adopt nonrelated child) with 750 ILCS 50/5(C) (West 1994) (petition to adopt related child).”
Christine at v. Ht, 761 N.E.2d 299 (Ill. App. Ct. 2001). “) 750 ILCS 50/5(B) (West 1998). Subparagraph (h), requiring notice to a near relative, is contained in that section.”
Cranston v. L.R.B., 278 Ill. App. 3d 1091 (Ill. App. Ct. 1996).
Christine A.T. v. H.T., 326 Ill. App. 3d 569 (Ill. App. Ct. 2001).
— 750 ILCS 50/5(B)(f) — 3 cases
Pasierb v. Bishop, 887 N.E.2d 445 (Ill. App. Ct. 2008).
In Re Asb, 887 N.E.2d 445 (Ill. App. Ct. 2008).
In re Adoption of D.S., 2020 IL App (3d) 190687-U (Ill. App. Ct. 2020).
— 750 ILCS 50/5(B)(f)(l) — 2 cases
In re A.S.B., 688 N.E.2d 1215 (Ill. App. Ct. 1997). “See 750 ILCS 50/ 5(B)(f)(l) (West 1994) (parents shall not be made parties to an adoption proceeding if their rights have been terminated).”
In Re Asb, 688 N.E.2d 1215 (Ill. App. Ct. 1997).
— 750 ILCS 50/5(B)(h) — 2 cases
Christine at v. Ht, 761 N.E.2d 299 (Ill. App. Ct. 2001). “) 750 ILCS 50/5(B) (West 1998). Subparagraph (h), requiring notice to a near relative, is contained in that section.”
Christine A.T. v. H.T., 326 Ill. App. 3d 569 (Ill. App. Ct. 2001).
— 750 ILCS 50/5(B)(j) — 6 cases
In Re Adoption of KLP, 735 N.E.2d 1071 (Ill. App. Ct. 2000).
In re Adoption of K.L.P., 316 Ill. App. 3d 110 (Ill. App. Ct. 2000).
Pasierb v. Bishop, 887 N.E.2d 445 (Ill. App. Ct. 2008).
In re Adoption of A.C., 2022 IL App (5th) 220445-U (Ill. App. Ct. 2022).
In re Adoption of E.W., 2023 IL App (1st) 230275-U (Ill. App. Ct. 2023).
— 750 ILCS 50/5(B)(k) — 2 cases
In Re India B., 782 N.E.2d 224 (Ill. 2002). “See 750 ILCS 50/1(F)(b), 8(a)(1) (West 1998). Thus, it was incumbent upon respondent to seek a stay of the enforcement of the termination order.”
People v. Denise S., 782 N.E.2d 224 (Ill. 2002).
— 750 ILCS 50/5(C) — 9 cases
Adoption of K.L.P. v. R.P., 763 N.E.2d 741 (Ill. 2002). “filed adoption petitions in the circuit court of Kendall County, pursuant to the Adoption Act (750 ILCS 50/5(C) (West 1998) (petition to adopt a related child)).”
Matter of Adoption of LRB, 664 N.E.2d 347 (Ill. App. Ct. 1996). “" Compare 750 ILCS 50/5(B) (West 1994) (petition to adopt nonrelated child) with 750 ILCS 50/5(C) (West 1994) (petition to adopt related child).”
In re J.D., 317 Ill. App. 3d 419 (Ill. App. Ct. 2000).
In Re Jd, 739 N.E.2d 1036 (Ill. App. Ct. 2000).
In Re Jd, 739 N.E.2d 1043 (Ill. App. Ct. 2000).
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