Illinois Adoption Laws, Page 3

Statute: 750 ILCS 50/8(b)

The mother
The father, if he is married to the mother or has established paternity
A legal guardian
Any person or agency having legal custody

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Statute: 750 ILCS 50/12

A child 14 years of age or older must consent.
The court may waive consent if child is in need of mental treatment or is mentally retarded.

Statute: 750 ILCS 50/8(a)

The parent:
- Is found to be an unfit person
- Is found not to be the biological or adoptive father of the child
- Has waived his or her parental rights
- Caused the child to be conceived as a result of sexual abuse

When Consent Can Be Executed
Statute: 750 ILCS 50/9

Mother: Under Illinois law, the earliest point at which a mother may sign a Surrender or Consent to adoption is 72 hours after the birth of the baby. Once signed, Surrenders and Consents for adoption are final and irrevocable. Once the Surrender or Consent has been signed, a birth mother may not change her mind. A mother has the right to refuse to sign a Surrender or Consent for adoption (right up until the last moment before signing) if she has any hesitation or doubt about her decision to place her child for adoption. She can request more time to make her decision and can request that the agency she is working with provide short-term temporary care of her child during your decision-making time. The agency is not required to provide this service.
Father: A father may sign a Surrender or Consent before the child's birth, but may change his mind (revoke it), if documented, within 72 hours of the child's birth. If he changes his mind, he must say so in writing, and give the written statement to the person who took the surrender or consent before the child is 72 hours old. Once the child is 72 hours old, the Surrender or Consent is final and irrevocable. Once the child has been born, if a Surrender has not been signed, he must wait until the child is 72 hours old before signing. may consent before or after the birth of the child.
Consent may be given to a standby adoption by a terminally ill parent, to become effective when the parent dies or requests finalization.

Statute: 750 ILCS 50/10

Consent to an agency may be taken by an agency representative.
In a direct placement, consent is acknowledged in court unless the court waives the appearance.
Forms to be used are contained in the statute.