Illinois Compiled Statutes
750 ILCS 50/8 (2026)
Consents to adoption and surrenders for purposes of adoption
✓ current as of May 2026
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(750 ILCS 50/8)
(from Ch. 40, par. 1510)
Sec. 8. Consents to adoption and surrenders for purposes of
adoption.
(a) Except as hereinafter provided in this
Section consents or surrenders shall be required in all cases, unless the
person whose
consent or surrender would otherwise be required shall be found by the
court:
(1) to be an unfit person as defined in Section 1 of | this Act, by clear and convincing evidence; or |
(2) not to be the biological or adoptive father of | the child; or |
(3) to have waived his parental rights to the child | under Section 12a or 12.1 or subsection S of Section 10 of this Act; or |
(4) to be the parent of an adult sought to be | adopted; or |
(5) to be the father of the child as a result of | criminal sexual abuse or assault as defined under Article 11 of the Criminal Code of 2012; or |
(6) to be the father of a child who: (i) is a family member of the mother of the | child, and the mother is under the age of 18 at the time of the child's conception; for purposes of this subsection, a "family member" is a parent, step-parent, grandparent, step-grandparent, sibling, or cousin of the first degree, whether by whole blood, half-blood, or adoption, as well as a person age 18 or over at the time of the child's conception who has resided in the household with the mother continuously for at least one year; or |
(ii) is at least 5 years older than the child's | mother, and the mother was under the age of 17 at the time of the child's conception, unless the mother and father voluntarily acknowledge the father's paternity of the child by marrying or by establishing the father's paternity by consent of the parties pursuant to the Illinois Parentage Act of 2015 or pursuant to a substantially similar statute in another state. |
A criminal conviction of any offense pursuant to | Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-1.70, 12C-5, 12C-10, 12C-35, 12C-40, 12C-45, 18-6, 19-6, or Article 12 of the Criminal Code of 1961 or the Criminal Code of 2012 is not required. |
(b) Where consents are required in the case of an adoption
of a minor child, the consents of the following persons shall be
sufficient:
(1) (A) The mother of the minor child; and
(B) The father of the minor child, if the father:
(i) was married to the mother on the date of | birth of the child or within 300 days before the birth of the child, except for a husband or former husband who has been found by a court of competent jurisdiction not to be the biological father of the child; or |
(ii) is the father of the child under a | judgment for adoption, an order of parentage, or an acknowledgment of parentage or paternity pursuant to subsection (a) of Section 5 of the Illinois Parentage Act of 1984 or pursuant to Article 3 of the Illinois Parentage Act of 2015; or |
(iii) in the case of a child placed with the | adopting parents less than 6 months after birth, openly lived with the child, the child's biological mother, or both, and held himself out to be the child's biological father during the first 30 days following the birth of the child; or |
(iv) in the case of a child placed with the | adopting parents less than 6 months after birth, made a good faith effort to pay a reasonable amount of the expenses related to the birth of the child and to provide a reasonable amount for the financial support of the child before the expiration of 30 days following the birth of the child, provided that the court may consider in its determination all relevant circumstances, including the financial condition of both biological parents; or |
(v) in the case of a child placed with the | adopting parents more than 6 months after birth, has maintained substantial and continuous or repeated contact with the child as manifested by: (I) the payment by the father toward the support of the child of a fair and reasonable sum, according to the father's means, and either (II) the father's visiting the child at least monthly when physically and financially able to do so and not prevented from doing so by the person or authorized agency having lawful custody of the child, or (III) the father's regular communication with the child or with the person or agency having the care or custody of the child, when physically and financially unable to visit the child or prevented from doing so by the person or authorized agency having lawful custody of the child. The subjective intent of the father, whether expressed or otherwise unsupported by evidence of acts specified in this sub-paragraph as manifesting such intent, shall not preclude a determination that the father failed to maintain substantial and continuous or repeated contact with the child; or |
(vi) in the case of a child placed with the | adopting parents more than six months after birth, openly lived with the child for a period of six months within the one year period immediately preceding the placement of the child for adoption and openly held himself out to be the father of the child; or |
(vii) has timely registered with Putative | Father Registry, as provided in Section 12.1 of this Act, and prior to the expiration of 30 days from the date of such registration, commenced legal proceedings to establish paternity under the Illinois Parentage Act of 1984, under the Illinois Parentage Act of 2015, or under the law of the jurisdiction of the child's birth; or |
(2) The legal guardian of the person of the child, if | there is no surviving parent; or |
(3) An agency, if the child has been surrendered for | adoption to such agency; or |
(4) Any person or agency having legal custody of a | child by court order if the parental rights of the parents have been judicially terminated, and the court having jurisdiction of the guardianship of the child has authorized the consent to the adoption; or |
(5) The execution and verification of the petition by | any petitioner who is also a parent of the child sought to be adopted shall be sufficient evidence of such parent's consent to the adoption. |
(c) Where surrenders to an agency are required in the case of a placement
for adoption of a minor child by an agency, the surrenders of the following
persons shall be sufficient:
(1) (A) The mother of the minor child; and
(B) The father of the minor child, if the father:
(i) was married to the mother on the date of | birth of the child or within 300 days before the birth of the child, except for a husband or former husband who has been found by a court of competent jurisdiction not to be the biological father of the child; or |
(ii) is the father of the child under a | judgment for adoption, an order of parentage, or an acknowledgment of parentage or paternity pursuant to subsection (a) of Section 5 of the Illinois Parentage Act of 1984 or pursuant to Article 3 of the Illinois Parentage Act of 2015; or |
(iii) in the case of a child placed with the | adopting parents less than 6 months after birth, openly lived with the child, the child's biological mother, or both, and held himself out to be the child's biological father during the first 30 days following the birth of a child; or |
(iv) in the case of a child placed with the | adopting parents less than 6 months after birth, made a good faith effort to pay a reasonable amount of the expenses related to the birth of the child and to provide a reasonable amount for the financial support of the child before the expiration of 30 days following the birth of the child, provided that the court may consider in its determination all relevant circumstances, including the financial condition of both biological parents; or |
(v) in the case of a child placed with the | adopting parents more than six months after birth, has maintained substantial and continuous or repeated contact with the child as manifested by: (I) the payment by the father toward the support of the child of a fair and reasonable sum, according to the father's means, and either (II) the father's visiting the child at least monthly when physically and financially able to do so and not prevented from doing so by the person or authorized agency having lawful custody of the child or (III) the father's regular communication with the child or with the person or agency having the care or custody of the child, when physically and financially unable to visit the child or prevented from doing so by the person or authorized agency having lawful custody of the child. The subjective intent of the father, whether expressed or otherwise, unsupported by evidence of acts specified in this sub-paragraph as manifesting such intent, shall not preclude a determination that the father failed to maintain substantial and continuous or repeated contact with the child; or |
(vi) in the case of a child placed with the | adopting parents more than six months after birth, openly lived with the child for a period of six months within the one year period immediately preceding the placement of the child for adoption and openly held himself out to be the father of the child; or |
(vii) has timely registered with the Putative | Father Registry, as provided in Section 12.1 of this Act, and prior to the expiration of 30 days from the date of such registration, commenced legal proceedings to establish paternity under the Illinois Parentage Act of 1984, under the Illinois Parentage Act of 2015, or under the law of the jurisdiction of the child's birth. |
(d) In making a determination under subparagraphs (b)(1) and (c)(1), no
showing shall be required of diligent efforts by a person or agency to
encourage the father to perform the acts specified therein.
(e) In the case of the adoption of an adult, only the consent of
such adult shall be required.
(Source: P.A. 99-85, eff. 1-1-16.)
Notes of Decisions
Cited in 58
cases (5 in the last 5 years), 1993–2025 · leading case: Petition of Kirchner, 649 N.E.2d 324 (Ill. 1995).
Petition of Kirchner, 649 N.E.2d 324 (Ill. 1995). “(See 750 ILCS 50/8, 11 (West 1992).) The adoption laws of Illinois are neither complex nor difficult of application.”
In Re Petition of Doe, 638 N.E.2d 181 (Ill. 1994). “Therefore, the father's consent was unnecessary under section 8 of the Act (750 ILCS 50/8 (West 1992)). The finding that the father had not shown a reasonable degree of interest in the child is not supported by the evidence.”
Jsa v. Mh, 863 N.E.2d 236 (Ill. 2007). “The case before us does not present a situation where, in direct response to a pending, bona fide adoption action, a putative father is attempting to establish parentage in an effort to bring himself within section 8(b)(1)(B) of the Adoption Act (750 ILCS 50/8(b)(1)(B) (West…”
J.S.A. v. M.H., 224 Ill. 2d 182 (Ill. 2007). “s than six months old when placed with the adoptive parents, fathers who establish that they satisfy one of the following criteria must be notified of any adoption and be provided with the legal right to provide or withhold consent: during the first 30 days after the birth of…”
In Re Petition of Doe, 627 N.E.2d 648 (Ill. App. Ct. 1993). “750 ILCS 50/8, 50/14 (West 1992). The trial court then entered a judgment of adoption, with John and Jane Doe adopting Richard.”
In Re Rc, 745 N.E.2d 1233 (Ill. 2001). “[2] Rather, the burden of proof in adoption proceedings is set forth in section 8 of the Adoption Act (750 ILCS 50/8 (West 1998)). That section clearly states that to obviate the requirement of a consent or surrender to adoption, on the grounds that the person is unfit as…”
In Re India B., 782 N.E.2d 224 (Ill. 2002). “750 ILCS 50/8(a) (West 1998). Section 8(b)(4) provides as follows: "(b) Where consents are required in the case of an adoption of a minor child, the consents of the following persons shall be sufficient: * * * (4) Any person or agency having legal custody of a child by court…”
Daniel Crowley v. Donald McKinney & Berwyn South Sch. Dist. 100, 400 F.3d 965 (7th Cir. 2005). “14 The intrusion on public education to which Crowley is inviting the federal judiciary is magnified when the right of participation in a child's public-school education is claimed by a noncustodial parent.”
In Re Jaron Z., 810 N.E.2d 108 (Ill. App. Ct. 2004). “2d 1233 , quoting 750 ILCS 50/8(a)(1) (West 1998). From this reasoning, the court concluded that there was no merit to the parent's argument of unconstitutionality: there was no evidence that the legislature intended to alter the established burden of proof in section 1(D)(p)…”
R.W. v. D.C., 745 N.E.2d 1233 (Ill. 2001). “* 2 Rather, the burden of proof in adoption proceedings is set forth in section 8 of the Adoption Act (750 ILCS 50/8 (West 1998)). That section clearly states that to obviate the requirement of a consent or surrender to adoption, on the grounds that the person is unfit as…”
Matter of Kjr, 687 N.E.2d 113 (Ill. App. Ct. 1997). “By adding and amending various provisions of the Adoption Act, the legislature sought to balance the interests of the biological mother, the putative father, the adopting parents and the child; specifically indicating, however, that the best interests and welfare of the child…”
Steele v. Provena Hospitals, 2013 IL App (3d) 110374 (Ill. App. Ct. 2013). “See 750 ILCS 50/8 (West 2006). There is evidence in the record that Steele and Todd agreed Michelle should reside in Florida with her father to avoid her continued association with the “wrong crowd of kids.”
— 750 ILCS 50/8(1) — 1 case
In Re Petition of Doe, 627 N.E.2d 648 (Ill. App. Ct. 1993). “750 ILCS 50/8, 50/14 (West 1992). The trial court then entered a judgment of adoption, with John and Jane Doe adopting Richard.”
— 750 ILCS 50/8(a) — 8 cases
In Re Petition of Doe, 638 N.E.2d 181 (Ill. 1994). “Therefore, the father's consent was unnecessary under section 8 of the Act (750 ILCS 50/8 (West 1992)). The finding that the father had not shown a reasonable degree of interest in the child is not supported by the evidence.”
In Re India B., 782 N.E.2d 224 (Ill. 2002). “750 ILCS 50/8(a) (West 1998). Section 8(b)(4) provides as follows: "(b) Where consents are required in the case of an adoption of a minor child, the consents of the following persons shall be sufficient: * * * (4) Any person or agency having legal custody of a child by court…”
In Re Adoption of Samuel E., 937 N.E.2d 1142 (Ill. App. Ct. 2010).
People v. Denise S., 782 N.E.2d 224 (Ill. 2002).
Reyes v. Corral, 860 N.E.2d 456 (Ill. App. Ct. 2006).
— 750 ILCS 50/8(a)(1) — 24 cases
Petition of Kirchner, 649 N.E.2d 324 (Ill. 1995). “(See 750 ILCS 50/8, 11 (West 1992).) The adoption laws of Illinois are neither complex nor difficult of application.”
In Re Jaron Z., 810 N.E.2d 108 (Ill. App. Ct. 2004). “2d 1233 , quoting 750 ILCS 50/8(a)(1) (West 1998). From this reasoning, the court concluded that there was no merit to the parent's argument of unconstitutionality: there was no evidence that the legislature intended to alter the established burden of proof in section 1(D)(p)…”
In Re Petition of Doe, 638 N.E.2d 181 (Ill. 1994). “Therefore, the father's consent was unnecessary under section 8 of the Act (750 ILCS 50/8 (West 1992)). The finding that the father had not shown a reasonable degree of interest in the child is not supported by the evidence.”
In Re Rc, 745 N.E.2d 1233 (Ill. 2001). “[2] Rather, the burden of proof in adoption proceedings is set forth in section 8 of the Adoption Act (750 ILCS 50/8 (West 1998)). That section clearly states that to obviate the requirement of a consent or surrender to adoption, on the grounds that the person is unfit as…”
In Re Cn, 752 N.E.2d 1030 (Ill. 2001).
— 750 ILCS 50/8(a)(3) — 1 case
In Re Petition of Doe, 638 N.E.2d 181 (Ill. 1994). “Therefore, the father's consent was unnecessary under section 8 of the Act (750 ILCS 50/8 (West 1992)). The finding that the father had not shown a reasonable degree of interest in the child is not supported by the evidence.”
— 750 ILCS 50/8(a)(l) — 7 cases
R.W. v. D.C., 745 N.E.2d 1233 (Ill. 2001). “* 2 Rather, the burden of proof in adoption proceedings is set forth in section 8 of the Adoption Act (750 ILCS 50/8 (West 1998)). That section clearly states that to obviate the requirement of a consent or surrender to adoption, on the grounds that the person is unfit as…”
In re Adoption of L.T.M., 824 N.E.2d 221 (Ill. 2005).
People v. B.T., 788 N.E.2d 133 (Ill. App. Ct. 2003).
In re Adoption of C.A.P., 373 Ill. App. 3d 423 (Ill. App. Ct. 2007).
People v. Lynette H.F., 348 Ill. App. 3d 239 (Ill. App. Ct. 2004).
— 750 ILCS 50/8(b) — 8 cases
In Re Adoption of LTM, 824 N.E.2d 221 (Ill. 2005).
Matter of Kjr, 687 N.E.2d 113 (Ill. App. Ct. 1997). “By adding and amending various provisions of the Adoption Act, the legislature sought to balance the interests of the biological mother, the putative father, the adopting parents and the child; specifically indicating, however, that the best interests and welfare of the child…”
In re Adoption of L.T.M., 824 N.E.2d 221 (Ill. 2005).
In Re Petition to Adopt O.J.M., 687 N.E.2d 113 (Ill. App. Ct. 1997).
Reyes v. Corral, 860 N.E.2d 456 (Ill. App. Ct. 2006).
— 750 ILCS 50/8(b)(1) — 1 case
In re Adoption of P.B., 2020 IL App (4th) 190627-U (Ill. App. Ct. 2020).
— 750 ILCS 50/8(b)(1)(B) — 3 cases
Jsa v. Mh, 863 N.E.2d 236 (Ill. 2007). “The case before us does not present a situation where, in direct response to a pending, bona fide adoption action, a putative father is attempting to establish parentage in an effort to bring himself within section 8(b)(1)(B) of the Adoption Act (750 ILCS 50/8(b)(1)(B) (West…”
Matter of Kjr, 687 N.E.2d 113 (Ill. App. Ct. 1997). “By adding and amending various provisions of the Adoption Act, the legislature sought to balance the interests of the biological mother, the putative father, the adopting parents and the child; specifically indicating, however, that the best interests and welfare of the child…”
J.S.A. v. M.H. (Ill. 2007).
— 750 ILCS 50/8(b)(1)(B)(i) — 2 cases
Jsa v. Mh, 863 N.E.2d 236 (Ill. 2007). “The case before us does not present a situation where, in direct response to a pending, bona fide adoption action, a putative father is attempting to establish parentage in an effort to bring himself within section 8(b)(1)(B) of the Adoption Act (750 ILCS 50/8(b)(1)(B) (West…”
J.S.A. v. M.H. (Ill. 2007).
— 750 ILCS 50/8(b)(1)(B)(ii) — 2 cases
Jsa v. Mh, 863 N.E.2d 236 (Ill. 2007). “The case before us does not present a situation where, in direct response to a pending, bona fide adoption action, a putative father is attempting to establish parentage in an effort to bring himself within section 8(b)(1)(B) of the Adoption Act (750 ILCS 50/8(b)(1)(B) (West…”
J.S.A. v. M.H. (Ill. 2007).
— 750 ILCS 50/8(b)(1)(B)(iii) — 3 cases
Jsa v. Mh, 863 N.E.2d 236 (Ill. 2007). “The case before us does not present a situation where, in direct response to a pending, bona fide adoption action, a putative father is attempting to establish parentage in an effort to bring himself within section 8(b)(1)(B) of the Adoption Act (750 ILCS 50/8(b)(1)(B) (West…”
J.S.A. v. M.H., 224 Ill. 2d 182 (Ill. 2007). “s than six months old when placed with the adoptive parents, fathers who establish that they satisfy one of the following criteria must be notified of any adoption and be provided with the legal right to provide or withhold consent: during the first 30 days after the birth of…”
J.S.A. v. M.H. (Ill. 2007).
— 750 ILCS 50/8(b)(1)(B)(iv) — 3 cases
Jsa v. Mh, 863 N.E.2d 236 (Ill. 2007). “The case before us does not present a situation where, in direct response to a pending, bona fide adoption action, a putative father is attempting to establish parentage in an effort to bring himself within section 8(b)(1)(B) of the Adoption Act (750 ILCS 50/8(b)(1)(B) (West…”
In re Adoption of B.W., 2020 IL App (3d) 190694-U (Ill. App. Ct. 2020).
J.S.A. v. M.H. (Ill. 2007).
— 750 ILCS 50/8(b)(1)(B)(v) — 2 cases
Jsa v. Mh, 863 N.E.2d 236 (Ill. 2007). “The case before us does not present a situation where, in direct response to a pending, bona fide adoption action, a putative father is attempting to establish parentage in an effort to bring himself within section 8(b)(1)(B) of the Adoption Act (750 ILCS 50/8(b)(1)(B) (West…”
J.S.A. v. M.H. (Ill. 2007).
— 750 ILCS 50/8(b)(1)(B)(vi) — 2 cases
Jsa v. Mh, 863 N.E.2d 236 (Ill. 2007). “The case before us does not present a situation where, in direct response to a pending, bona fide adoption action, a putative father is attempting to establish parentage in an effort to bring himself within section 8(b)(1)(B) of the Adoption Act (750 ILCS 50/8(b)(1)(B) (West…”
J.S.A. v. M.H. (Ill. 2007).
— 750 ILCS 50/8(b)(1)(B)(vii) — 3 cases
Jsa v. Mh, 863 N.E.2d 236 (Ill. 2007). “The case before us does not present a situation where, in direct response to a pending, bona fide adoption action, a putative father is attempting to establish parentage in an effort to bring himself within section 8(b)(1)(B) of the Adoption Act (750 ILCS 50/8(b)(1)(B) (West…”
Matter of Kjr, 687 N.E.2d 113 (Ill. App. Ct. 1997). “By adding and amending various provisions of the Adoption Act, the legislature sought to balance the interests of the biological mother, the putative father, the adopting parents and the child; specifically indicating, however, that the best interests and welfare of the child…”
J.S.A. v. M.H. (Ill. 2007).
— 750 ILCS 50/8(b)(3) — 2 cases
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).
— 750 ILCS 50/8(b)(4) — 2 cases
In Re India B., 782 N.E.2d 224 (Ill. 2002). “750 ILCS 50/8(a) (West 1998). Section 8(b)(4) provides as follows: "(b) Where consents are required in the case of an adoption of a minor child, the consents of the following persons shall be sufficient: * * * (4) Any person or agency having legal custody of a child by court…”
People v. Denise S., 782 N.E.2d 224 (Ill. 2002).
— 750 ILCS 50/8(b)(5) — 2 cases
In re K.M., 653 N.E.2d 888 (Ill. App. Ct. 1995).
Petition of KM, 653 N.E.2d 888 (Ill. App. Ct. 1995).
— 750 ILCS 50/8(b)(l)(B) — 2 cases
J.S.A. v. M.H., 224 Ill. 2d 182 (Ill. 2007). “s than six months old when placed with the adoptive parents, fathers who establish that they satisfy one of the following criteria must be notified of any adoption and be provided with the legal right to provide or withhold consent: during the first 30 days after the birth of…”
In Re Petition to Adopt O.J.M., 687 N.E.2d 113 (Ill. App. Ct. 1997).
— 750 ILCS 50/8(b)(l)(B)(i) — 2 cases
J.S.A. v. M.H., 224 Ill. 2d 182 (Ill. 2007). “s than six months old when placed with the adoptive parents, fathers who establish that they satisfy one of the following criteria must be notified of any adoption and be provided with the legal right to provide or withhold consent: during the first 30 days after the birth of…”
In Re Petition to Adopt O.J.M., 687 N.E.2d 113 (Ill. App. Ct. 1997).
— 750 ILCS 50/8(b)(l)(B)(ii) — 1 case
J.S.A. v. M.H., 224 Ill. 2d 182 (Ill. 2007). “s than six months old when placed with the adoptive parents, fathers who establish that they satisfy one of the following criteria must be notified of any adoption and be provided with the legal right to provide or withhold consent: during the first 30 days after the birth of…”
— 750 ILCS 50/8(b)(l)(B)(iv) — 1 case
J.S.A. v. M.H., 224 Ill. 2d 182 (Ill. 2007). “s than six months old when placed with the adoptive parents, fathers who establish that they satisfy one of the following criteria must be notified of any adoption and be provided with the legal right to provide or withhold consent: during the first 30 days after the birth of…”
— 750 ILCS 50/8(b)(l)(B)(v) — 1 case
J.S.A. v. M.H., 224 Ill. 2d 182 (Ill. 2007). “s than six months old when placed with the adoptive parents, fathers who establish that they satisfy one of the following criteria must be notified of any adoption and be provided with the legal right to provide or withhold consent: during the first 30 days after the birth of…”
— 750 ILCS 50/8(b)(l)(B)(vi) — 1 case
J.S.A. v. M.H., 224 Ill. 2d 182 (Ill. 2007). “s than six months old when placed with the adoptive parents, fathers who establish that they satisfy one of the following criteria must be notified of any adoption and be provided with the legal right to provide or withhold consent: during the first 30 days after the birth of…”
— 750 ILCS 50/8(b)(l)(B)(vii) — 2 cases
J.S.A. v. M.H., 224 Ill. 2d 182 (Ill. 2007). “s than six months old when placed with the adoptive parents, fathers who establish that they satisfy one of the following criteria must be notified of any adoption and be provided with the legal right to provide or withhold consent: during the first 30 days after the birth of…”
In Re Petition to Adopt O.J.M., 687 N.E.2d 113 (Ill. App. Ct. 1997).
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.
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