93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
SB3138


 
Introduced 2/6/2004, by John J. Cullerton
 
SYNOPSIS AS INTRODUCED:
 		
















750 ILCS 50/7
  from Ch. 40, par. 1509


750 ILCS 50/8
  from Ch. 40, par. 1510







    Amends the Adoption Act. Provide that the purpose of notice shall be to enable the person receiving notice to appear in the adoption proceedings to present evidence to the court relevant to whether the consent or surrender of the person to the adoption is required (instead of to present evidence to the court relevant to the best interests of the child). Provides that, if the court determines that the consent or surrender of the person is not required by the Act, then the person shall not be entitled to participate in the proceedings or to receive any further notice of the proceedings.  Removes from the exceptions to the requirement for consent and surrender a person who has been indicated for child sexual abuse as defined in the Abused and Neglected Child Reporting Act that involved sexual penetration of the mother and a person who was at least 5 years older than the mother and the mother was under the age of 17 at the time of conception of the child to be adopted.
















LRB093 17939 LCB 43622 b

















 


 


A BILL FOR









 











SB3138

LRB093 17939 LCB 43622 b






1
    AN ACT concerning adoption.

 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:


 
4
    Section 5. The Adoption Act is amended  by changing Sections 
5
7 and 8 as follows:
 



6
    (750 ILCS 50/7)  (from Ch. 40, par. 1509)



7
    Sec. 7. Process. 

8
    A. All persons named in the petition for adoption or 
9
standby adoption,
other
than the
petitioners and any party who 
10
has previously either denied being a parent
pursuant to Section 
11
12a of this Act or whose rights have been terminated
pursuant 
12
to Section 12a of this Act, but including the person sought to 
13
be
adopted, shall be made parties defendant by name, and if the 
14
name or names
of any such persons are alleged in the petition 
15
to be unknown such persons
shall be made parties defendant 
16
under the name and style of "All whom it
may concern". In all 
17
such actions petitioner or his attorney
shall file, at
the 
18
office of the clerk of the court in which the action is 
19
pending, an
affidavit showing that the defendant resides or has 
20
gone out of this State,
or on due inquiry cannot be found, or 
21
is concealed within this State, so
that process cannot be 
22
served upon him, and stating the place of residence
of the 
23
defendant, if known, or that upon diligent inquiry his place of

24
residence cannot be ascertained, the clerk shall cause 
25
publication to be
made in some newspaper published in the 
26
county in which the action is
pending. If there is no newspaper 
27
published in that county, then the
publication shall be in a 
28
newspaper published in an adjoining county in
this State, 
29
having a circulation in the county in which such action is

30
pending. In the event there is service on any of the parties by

31
publication, the publication shall contain notice of pendency 
32
of the
action, the name of the person to be adopted and the 
 


 






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1
name of the parties to
be served by publication, and the date 
2
on or after which default may be
entered against such parties. 
3
Neither the name of petitioners nor the name
of any party who 
4
has either surrendered said child, has given their consent
to 
5
the adoption of the child, or whose parental rights have been 
6
terminated
by a court of competent jurisdiction shall be 
7
included in the notice of
publication. The Clerk shall also, 
8
within ten (10) days of the first
publication of the notice, 
9
send a copy thereof by mail, addressed to each
defendant whose 
10
place of residence is stated in such affidavit. The
certificate 
11
of the Clerk that he sent the copies pursuant to this section

12
is evidence that he has done so. Except as provided in this 
13
section
pertaining to service by publication, all parties 
14
defendant shall be
notified of the proceedings in the same 
15
manner as is now or may hereafter
be required in other civil 
16
cases or proceedings. Any party defendant who is
of age of 14 
17
years or upward may waive service of process by entering an

18
appearance in writing. The form to be used for publication 
19
shall be
substantially as follows:
"ADOPTION NOTICE - STATE OF 
20
ILLINOIS, County of ...., ss. - Circuit Court
of .... County. 
21
In the matter of the Petition for the Adoption of ...., a

22
..male child. Adoption No. .....
To-- .... (whom it may concern 
23
or the named parent)
Take notice that a petition was filed in 
24
the Circuit Court of .... County,
Illinois, for the adoption of 
25
a child named ..... Now, therefore, unless
you ...., and all 
26
whom it may concern, file your answer to the Petition in
the 
27
action or otherwise file your appearance therein,
in the said 
28
Circuit
Court of ...., County, Room ...., ...., in the City of 
29
...., Illinois, on
or before the .... day of ...., a default 
30
may be entered against you at any
time after that day and a 
31
judgment entered in accordance with the prayer of
said 
32
Petition.
Dated, ...., Illinois, .... ...., Clerk.
(Name and 
33
address of attorney for petitioners.)

34
    B. A minor defendant who has been served in accordance with 
35
this Section
may be defaulted in the same manner as any other 
36
defendant.

 


 






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1
    C. Notwithstanding any inconsistent provision of this or 
2
any other law,
and in addition to the notice requirements of 
3
any law pertaining to persons
other than those specified in 
4
this subsection, the persons entitled to notice
that a petition 
5
has been filed under Section 5 of this Act shall include:


6
        (a) any person adjudicated by a court in this State to 
7
    be the father of
the child;


8
        (b) any person adjudicated by a court of another state 
9
    or territory of the
United States to be the father of the 
10
    child, when a certified copy of the court
order has been 
11
    filed with the Putative Father Registry under Section 12.1 
12
    of
this Act;


13
        (c) any person who at the time of the filing of the 
14
    petition is registered
in the Putative Father Registry 
15
    under Section 12.1 of this Act as the putative
father of 
16
    the child;


17
        (d) any person who is recorded on the child's birth 
18
    certificate as the
child's father;


19
        (e) any person who is openly living with the child or 
20
    the child's mother
at the time the proceeding is initiated 
21
    and who is holding himself out to be
the child's father;


22
        (f) any person who has been identified as the child's 
23
    father by the mother
in a written, sworn statement, 
24
    including an Affidavit of Identification as
specified 
25
    under Section 11 of this Act;


26
        (g) any person who was married to the child's mother on 
27
    the date of the
child's birth or within 300 days prior to 
28
    the child's birth.

29
    The sole purpose of notice under this Section shall be to 
30
enable the person
receiving notice to appear in the adoption 
31
proceedings to present evidence to
the court relevant to 
32
whether the consent or surrender of the person to the adoption 
33
is required pursuant to Section 8 of this Act. If the court 
34
determines that the consent or surrender of the person is not 
35
required pursuant to Section 8 of this Act, then the person 
36
shall not be entitled to participate in the proceedings or to 
 


 






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1
receive any further notice of the proceedings
the best 
2
interests of the child.

3
(Source: P.A. 91-572, eff. 1-1-00.)

 



4
    (750 ILCS 50/8)  (from Ch. 40, par. 1510)



5
    Sec. 8. Consents to adoption and surrenders for purposes of

6
adoption. 

7
    (a) Except as hereinafter provided in this
Section consents 
8
or surrenders shall be required in all cases, unless the
person 
9
whose
consent or surrender would otherwise be required shall be 
10
found by the
court:


11
        (1) to be an unfit person
as defined in Section
1 of 
12
    this Act, by clear and convincing evidence; or


13
        (2) not to be the biological or adoptive father of the 
14
    child; or


15
        (3) to have waived his parental rights to the child 
16
    under Section 12a or
12.1 of
this Act; or


17
        (4) to be the parent of an adult
sought to be adopted; 
18
    or


19
        (5) to be
the father of the child as a result of 
20
    criminal sexual abuse or assault as
defined under Article 
21
    12 of the Criminal Code of 1961 . ; or


22
        (6) to have been indicated for child sexual abuse as 
23
    defined in the
Abused and Neglected Child Reporting Act 
24
    that involved sexual penetration of
the mother; or


25
        (7) to be at least 5 years older than the mother and 
26
    the mother was under
the age 17 at the time of conception 
27
    of the child to be adopted.

28
    (b) Where consents are required in the case of an adoption

29
of a minor child, the consents of the following persons shall 
30
be
sufficient:


31
        (1)  (A) The mother of the minor child; and


32
            (B) The father of the minor child, if the father:


33
                (i) was married to the mother on the date of 
34
            birth of the child or
within
300 days before the 
35
            birth of the child, except for a husband or former

 


 






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1
            husband who has been found by a court of competent 
2
            jurisdiction not to be the
biological father of the 
3
            child; or


4
                (ii) is the father of the child under a 
5
            judgment for adoption, an
order of parentage, or an 
6
            acknowledgment of parentage or paternity pursuant

7
            to subsection (a) of Section 5 of the Illinois 
8
            Parentage Act of 1984; or


9
                (iii) in the case of a child placed with the 
10
            adopting parents less
than
6 months after birth, 
11
            openly lived with the child, the child's 
12
            biological
mother, or
both,
and
held himself out to 
13
            be the child's biological father during the first 
14
            30 days
following the birth of the child; or


15
                (iv) in the case of a child placed with the 
16
            adopting parents less than
6
months after birth, 
17
            made a good faith effort to pay a reasonable amount 
18
            of the
expenses
related to the birth of the child 
19
            and to provide a reasonable amount for the

20
            financial support of the child before the 
21
            expiration of 30 days following the
birth of the 
22
            child,
provided that the court may consider in its 
23
            determination all
relevant circumstances, 
24
            including the financial condition of both 
25
            biological
parents; or


26
                (v) in the case of a child placed with the 
27
            adopting parents
more
than 6 months after birth, 
28
            has maintained substantial and continuous or

29
            repeated contact with the child as manifested by:

30
            (I) the payment by the father
toward the support of 
31
            the child of a fair and reasonable sum, according 
32
            to the
father's means, and either (II) the father's 
33
            visiting the child at least
monthly
when 
34
            physically and financially able to do so and not 
35
            prevented from doing so
by the person or authorized 
36
            agency having lawful custody of the child, or (III)

 


 






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1
            the father's regular communication with the child 
2
            or with the person or agency
having the care or 
3
            custody of the child, when physically and 
4
            financially unable
to visit the child or prevented 
5
            from doing so by the person or authorized
agency 
6
            having lawful custody of the child.  The subjective 
7
            intent of the
father,
whether expressed or 
8
            otherwise unsupported by evidence of acts 
9
            specified in
this sub-paragraph as manifesting 
10
            such intent, shall not preclude a
determination 
11
            that the father failed to maintain substantial and 
12
            continuous or
repeated contact with the child; or


13
                (vi) in the case of a child placed with the 
14
            adopting parents more than
six
months after birth, 
15
            openly lived with the child for a period of six 
16
            months
within the one year period immediately 
17
            preceding the placement of the child for
adoption 
18
            and openly held himself out to be the father of the 
19
            child; or


20
                (vii) has timely registered with Putative 
21
            Father Registry, as provided
in
Section 12.1 of 
22
            this Act,
and prior to the expiration of 30 days 
23
            from the date
of such registration, commenced 
24
            legal
proceedings to establish paternity under the 
25
            Illinois Parentage Act of 1984
or under the law of 
26
            the jurisdiction of the child's birth; or


27
        (2) The legal guardian of the person of the child, if 
28
    there
is no surviving parent; or


29
        (3) An agency, if the child has been surrendered for

30
    adoption to such agency; or


31
        (4) Any person or agency having legal custody of a 
32
    child by court order
if the parental rights of the parents 
33
    have been judicially terminated, and
the court having 
34
    jurisdiction of the guardianship of the child has 
35
    authorized
the consent to the adoption; or


36
        (5) The execution and
verification of the petition by 
 


 






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1
    any petitioner who is
also a parent of the child sought to 
2
    be adopted shall be sufficient evidence
of such parent's 
3
    consent to the adoption.

4
    (c) Where surrenders to an agency are required in the case 
5
of a placement
for adoption of a minor child by an agency, the 
6
surrenders of the following
persons shall be sufficient:


7
        (1)  (A) The mother of the minor child; and


8
            (B) The father of the minor child, if the father:


9
                (i) was married to the mother on the date of 
10
            birth of the child or
within 300 days before the 
11
            birth of the child, except for a husband or former

12
            husband who has been found by a court of competent 
13
            jurisdiction not to be the
biological father of the 
14
            child; or


15
                (ii) is the father of the child under a 
16
            judgment for adoption, an
order of parentage, or an 
17
            acknowledgment of parentage or paternity pursuant

18
            to subsection (a) of Section 5 of the Illinois 
19
            Parentage Act of 1984; or


20
                (iii) in the case of a child placed with the 
21
            adopting parents less
than
6 months after birth, 
22
            openly lived with the child, the child's 
23
            biological
mother, or
both,
and
held himself out to 
24
            be the child's biological father during the first 
25
            30 days
following the birth of a child; or


26
                (iv) in the case of a child placed with the 
27
            adopting parents less than
6
months after birth, 
28
            made a good faith effort to pay a reasonable amount 
29
            of the
expenses
related to the birth of the child 
30
            and to provide a reasonable amount for the

31
            financial support of the child before
the 
32
            expiration of 30 days following the birth of
the

33
            child,
provided that the court may consider in its 
34
            determination all relevant
circumstances, 
35
            including the financial condition of both 
36
            biological parents;
or


 


 






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1
                (v) in the case of a child placed with the 
2
            adopting parents more than
six
months after birth, 
3
            has maintained substantial and continuous or 
4
            repeated
contact with the child as manifested by: 
5
            (I) the payment by the father toward
the support of 
6
            the child of a fair and reasonable sum, according 
7
            to the
father's means, and either (II) the father's 
8
            visiting the child at least
monthly when 
9
            physically and financially able to do so and not 
10
            prevented from
doing so by the person or authorized 
11
            agency having lawful custody of the child
or (III) 
12
            the father's regular communication with the child 
13
            or with the person
or agency having the care or 
14
            custody of the child, when physically and

15
            financially unable to visit the child or prevented 
16
            from doing so by the person
or authorized agency 
17
            having lawful custody of the child.  The subjective

18
            intent of the father, whether expressed or 
19
            otherwise, unsupported by evidence
of acts 
20
            specified in this sub-paragraph as manifesting 
21
            such intent, shall not
preclude a determination 
22
            that the father failed to maintain substantial and

23
            continuous or repeated contact with the child; or


24
                (vi) in the case of a child placed with the 
25
            adopting parents more than
six
months after birth, 
26
            openly lived with the child for a period of six 
27
            months
within the one year period immediately 
28
            preceding the placement of the child for
adoption 
29
            and openly held himself out to be the father of the 
30
            child; or


31
                (vii) has timely registered with the Putative 
32
            Father Registry, as
provided
in Section 12.1 of 
33
            this Act,
and prior to the expiration of 30 days 
34
            from the date
of such
registration, commenced 
35
            legal
proceedings to establish paternity under the 
36
            Illinois Parentage Act of 1984, or
under the law of 
 


 






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1
            the jurisdiction of the child's birth.

2
    (d) In making a determination under subparagraphs (b)(1) 
3
and (c)(1), no
showing shall be required of diligent efforts by 
4
a person or agency to
encourage the father to perform the acts 
5
specified therein.

6
    (e) In the case of the adoption of an adult, only the 
7
consent of
such adult shall be required.

8
(Source: P.A. 93-510, eff. 1-1-04.)