TERMINATION-PARENTAL RIGHTS

Illinois General Assembly - Full Text of HB5405

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HB5405 - 104th General Assembly

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5405

Introduced 2/13/2026, by Rep. Daniel Didech

SYNOPSIS AS INTRODUCED:

750 ILCS 5/602.12 new

Amends the Illinois Marriage and Dissolution of Marriage Act. Creates
a process for one parent to file a petition to terminate the parental
rights of the other parent in a proceeding for dissolution of marriage,
legal separation, declaration of invalidity of marriage, or any proceeding
in which parental responsibilities are allocated under the Act or in a
proceeding under the Illinois Parentage Act of 2015. Provides that a court
may terminate parental rights if the petitioning parent proves by clear
and convincing evidence that the respondent parent has abandoned the
child; or engaged in a prolonged failure, without good cause, to provide
reasonable financial support for or to maintain meaningful contact or
visitation with the child, although able to do so. Provides defenses if the
court finds that the failure to support or maintain contact or visitation
was due to interference or obstruction by the petitioning parent; a
court-ordered limitation, restriction, or suspension of parenting time; or
other good cause beyond the respondent parent's control. Provides that an
order of termination does not extinguish any child support arrearages
accrued before termination unless expressly ordered by the court.
LRB104 20205 JRC 33656 b

A BILL FOR

HB5405
LRB104 20205 JRC 33656 b
1

AN ACT concerning civil law.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Illinois Marriage and Dissolution of
5
Marriage Act is amended by adding Section 602.12 as follows:

6

(750 ILCS 5/602.12 new)
7

Sec. 602.12.
Petition to terminate parental rights.
8
(a) In a proceeding for dissolution of marriage, legal
9
separation, declaration of invalidity of marriage, or any
10
proceeding in which parental responsibilities are allocated
11
under this Act or in a proceeding under the Illinois Parentage
12
Act of 2015, a parent may file a petition to terminate the
13
parental rights of the other parent.
14
(b) The court may terminate parental rights if the petitioning
15
parent proves by clear and convincing evidence that the
16
respondent parent has:

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(1) abandoned the child; or
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(2) engaged in a prolonged failure, without good
19

cause, to provide reasonable financial support for or to
20

maintain meaningful contact or visitation with the child,
21

although able to do so.

22

(c) The burden of proof is on the petitioning parent. The
23
grounds set forth in subsection (b) must be established by

HB5405
- 2 -
LRB104 20205 JRC 33656 b
1
clear and convincing evidence.
2

(d) Best interests of the child. A finding of grounds
3
under subsection (b) does not require termination. The court
4
shall also determine whether termination of parental rights is
5
in the best interests of the child. In making this
6
determination, the court shall consider the factors set forth
7
subsection (b) of Section 602.7 of this Act together with any
8
other relevant factors.
9

(e) The court may not order termination under this Section
10
if it finds that the failure to support or maintain contact or
11
visitation was due to:

12

(1) interference or obstruction by the petitioning
13

parent;
14

(2) a court-ordered limitation, restriction, or
15

suspension of parenting time; or
16

(3) other good cause beyond the respondent parent's
17

control.

18

(f) An order terminating parental rights under this
19
Section:

20

(1) severs all legal rights, privileges, duties, and
21

obligations of the terminated parent with respect to the
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child; and
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(2) does not extinguish any child support arrearages
24

accrued before termination, unless expressly ordered by
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the court.

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