IllinoisSB0103104th General Assembly (2025–2026)Senate

ADOPTION ACT

Sponsored By: Sara Feigenholtz (Democratic)

Became Law

assignmentsjudiciaryjudiciary - civil

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 0 benefits, 1 costs, 4 mixed.

Adopting a youth in state care

You can start an adoption for a youth in care only if the Illinois Department of Children and Family Services (DCFS) placed the youth with you when you file and DCFS consents to or approves the adoption. DCFS must set rules or procedures that explain what counts as its approval. This applies to petitions filed on or after January 1, 2026.

Illinois adoption residency rules and exceptions

To file an adoption in Illinois, you must have lived in Illinois for 6 straight months. A U.S. armed forces member can file after 90 days of Illinois domicile. You do not need the 6 months in some cases: adopting a related child; a child you already adopted abroad; a child placed by an Illinois‑licensed child welfare agency; an adult adopted by a former stepparent; or certain Illinois‑born or Illinois‑resident children when an Illinois‑licensed agency has acknowledged a consent or surrender, or an authorized person acknowledged consent and the agency counseled the parent about birth‑parent rights under the Child Care Act of 1969. These rules apply to petitions filed on or after January 1, 2026.

New rules apply to 2026 filings

The law applies only to adoption petitions filed on or after January 1, 2026. Petitions filed before that date follow the old law. This timing rule decides which set of rules you must follow.

Notice and service rules in adoption

Your petition must name people who should get notice, or say “All whom it may concern” if unknown. The clerk must publish a notice and mail copies within 10 days of first publication to any defendant with a known address. A minor under 14 with a guardian ad litem does not need direct service, and anyone 14 or older can waive service by written appearance. People who may be a parent must get notice, including adjudicated fathers, registered putative fathers, people on the birth certificate, those openly living with and holding out the child, those the mother names in a sworn statement, and those married to the mother on the birth date or within 300 days before. They do not get notice if a court has ended their rights or found them not a parent. Notice lets them present evidence about consent. These rules apply to petitions filed on or after January 1, 2026.

Who can file and who must join

A minor may file an adoption only if a court gives permission and finds good cause. If you are married or in a civil union and not separated for 12 months or more, your spouse or partner must join and you must adopt together. Your spouse or partner does not have to join if you are a former stepparent adopting an adult, or if you re‑adopt after an intercountry adoption and the spouse or partner did not adopt the child before. These rules apply to petitions filed on or after January 1, 2026.

Sponsors & Cosponsors

Sponsor

  • Sara Feigenholtz

    Democratic • Senate

Cosponsors

  • Ann M. Williams

    Democratic • House

  • Lakesia Collins

    Democratic • Senate

Roll Call Votes

All Roll Calls

Yes: 281 • No: 0

Senate vote 5/31/2025

House Floor Amendment No. 1 Senate Concurs

Yes: 57 • No: 0

Senate vote 5/28/2025

House Floor Amendment No. 1 Motion To Concur Recommended Do Adopt Judiciary;

Yes: 8 • No: 0

House vote 5/20/2025

Third Reading - Short Debate - Passed

Yes: 114 • No: 0

House vote 5/7/2025

House Floor Amendment No. 1 Recommends Be Adopted Judiciary - Civil Committee;

Yes: 16 • No: 0

House vote 4/23/2025

Do Pass / Short Debate Judiciary - Civil Committee;

Yes: 18 • No: 0

Senate vote 4/4/2025

Third Reading - Passed;

Yes: 52 • No: 0

Senate vote 4/3/2025

Senate Floor Amendment No. 2 Recommend Do Adopt Judiciary;

Yes: 8 • No: 0

Senate vote 2/20/2025

Do Pass as Amended Judiciary;

Yes: 8 • No: 0

Actions Timeline

  1. Public Act . . . . . . . . . 104-0348

    8/15/2025Senate
  2. Effective Date January 1, 2026

    8/15/2025Senate
  3. Governor Approved

    8/15/2025Senate
  4. Sent to the Governor

    6/27/2025Senate
  5. Passed Both Houses

    5/31/2025Senate
  6. Senate Concurs

    5/31/2025Senate
  7. House Floor Amendment No. 1 Senate Concurs 057-000-000

    5/31/2025Senate
  8. House Floor Amendment No. 1 Motion To Concur Recommended Do Adopt Judiciary; 008-000-000

    5/28/2025Senate
  9. House Floor Amendment No. 1 Motion to Concur Assignments Referred to Judiciary

    5/27/2025Senate
  10. House Floor Amendment No. 1 Motion to Concur Referred to Assignments

    5/22/2025Senate
  11. House Floor Amendment No. 1 Motion to Concur Filed with Secretary Sen. Sara Feigenholtz

    5/22/2025Senate
  12. Placed on Calendar Order of Concurrence House Amendment(s) 1 - May 22, 2025

    5/21/2025Senate
  13. Secretary's Desk - Concurrence House Amendment(s) 1

    5/21/2025Senate
  14. Third Reading - Short Debate - Passed 114-000-000

    5/20/2025House
  15. Placed on Calendar Order of 3rd Reading - Short Debate

    5/16/2025House
  16. Second Reading - Short Debate

    5/16/2025House
  17. House Floor Amendment No. 1 Adopted by Voice Vote

    5/16/2025House
  18. House Floor Amendment No. 1 Recommends Be Adopted Judiciary - Civil Committee; 016-000-000

    5/7/2025House
  19. House Floor Amendment No. 1 Rules Refers to Judiciary - Civil Committee

    5/6/2025House
  20. House Floor Amendment No. 1 Referred to Rules Committee

    4/30/2025House
  21. House Floor Amendment No. 1 Filed with Clerk by Rep. Ann M. Williams

    4/30/2025House
  22. Placed on Calendar 2nd Reading - Short Debate

    4/23/2025House
  23. Do Pass / Short Debate Judiciary - Civil Committee; 018-000-000

    4/23/2025House
  24. Assigned to Judiciary - Civil Committee

    4/17/2025House
  25. Referred to Rules Committee

    4/7/2025House

Bill Text

  • Engrossed

  • Enrolled

  • House Amendment 1

  • Introduced

  • Senate Amendment 1

  • Senate Amendment 2

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