§ 3-305. Required documents

(a) Before the hearing on a petition for adoption, the following shall be filed:

(1) a certified copy of the birth certificate or other record of the date and place of birth of the minor adoptee;

(2) the original or a certified copy of any consent, relinquishment, or disclaimer of paternal interest with respect to the minor that has been executed, and any written certifications required by sections 2-405(d) and (g) of this title from the person before whom a consent or relinquishment was executed;

(3) a certified copy of any court order terminating the rights and duties of the minor's parents or guardian;

(4) a certified copy of each parent's or former parent's marriage certificate; decree of divorce, annulment, or dissolution; or agreement or decree of legal separation; and a certified copy of any court order determining the parent's or former parent's incompetence;

(5) a certified copy of any existing court order or petition in any pending proceeding concerning custody of, or visitation or communication with, the minor;

(6) a copy of the preplacement evaluation and of the evaluation during the pendency of the proceeding for adoption;

(7) a copy of any report containing the information required by section 2-105 of this title. This requirement may be waived by the court for good cause shown. If the court waives this requirement, a summary of the information required by section 2-105 of this title shall be filed;

(8) a certified copy of the petitioner's marriage certificate; decree of divorce, annulment, or dissolution; or agreement or decree of legal separation; and a certified copy of any court order determining the incompetence of the petitioner's spouse;

(9) a copy of any agreement with a public agency to provide a subsidy for the benefit of a minor adoptee with a special need;

(10) if an agency placed the minor adoptee, a verified document from the agency stating:

(A) the circumstances under which the agency obtained custody of the minor for purposes of adoption;

(B) that the agency complied with any provision of law governing an interstate or intercountry placement of the minor;

(C) the name or relationship to the minor of any person whose consent is required, but who has not executed a consent or a relinquishment or whose parental relationship has not been terminated, and any fact or circumstance that may excuse the lack of consent or relinquishment;

(D) whether the agency has executed its consent to the proposed adoption and whether it waives notice of the proceeding;

(E) the terms of any collateral agreement between the agency and the petitioner;

(11) the name and address, if known, of any person who is entitled to receive notice of the proceeding for adoption; and

(12) a copy of any collateral agreement between the petitioner and a parent or guardian of the adoptee.

(b) If an item required by subsection (a) of this section is not available, the person responsible for furnishing the item shall file an affidavit explaining its absence. (Added 1995, No. 161 (Adj. Sess.), § 1; amended 2009, No. 3, § 12a, eff. Sept. 1, 2009.)