Right to counsel

Illinois , Legislation , Termination of Parental Rights (Private) - Children

Except in standby adoptions and re-adoptions, the Illinois Adoption Act requires that

 

some licensed attorney other than the State’s attorney acting in his or her official capacity as guardian ad litem to represent a child sought to be adopted. Such guardian ad litem shall have power to consent to the adoption of the child, if such consent is required. In the case of a related adoption where the child sought to be adopted is not a youth in care, the court shall have the discretion to waive the appointment of a guardian ad litem.

 

750 Ill. Comp. Stat. Ann. 50/13(B)(a).  The same right to an attorney ad litem is provided in 750 Ill. Comp. Stat. Ann. 50/13(D)(a) for children in standby adoption cases.

Appointment of Counsel: Yes
Qualified: Yes
? If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.