HB 5972

Abstract

Amends the Adoption Act. Provides that a final order of adoption shall not be overturned by the court for any reason other than fraud on the part of the party adopting the child. Provides that if consent to adoption has been given by the Department of Children and Family Services and the Department seeks to withdraw or revoke its consent to adoption, it must, within 60 days after the date of the filing of the adoption petition containing the consent, file a petition asking the court to revoke the Department's consent and dismiss the adoption petition. Provides that within 30 days after filing the petition, the Department shall make a formal report to the court explaining it is seeking to withdraw or revoke consent. Provides that if the Department does not file the report within 30 days, the court shall dismiss the Department's petition. Provides that after an order of adoption by the court becomes final, the Department shall be fully bound by the order and may not later challenge the validity of the adoption proceedings, but shall be fully bound by the order. Provides that if the Department withdraws or revokes a consent to adoption or appeals a finalized order of adoption, the court shall order the Department to reimburse the prospective adoptive parents and other interested parties for all adoption expenses, including, but not limited to, all medical fees and costs and all legal fees and costs. Provides that the Department is barred from filing a motion or petition to vacate a final order of adoption or revoke consent to an adoption.