HB4220 Engrossed

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    AN ACT concerning civil law.

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

 
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    Section 5. The Adoption Act is amended  by changing Section 
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12.1 as follows:
 



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    (750 ILCS 50/12.1)



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    Sec. 12.1. Putative Father Registry. The Department of 
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Children and Family
Services shall establish a Putative Father 
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Registry for the purpose of
determining the
identity and 
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location of a putative father of a minor child who is, or is

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expected to be, the subject of an adoption proceeding, in order 
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to provide
notice of such proceeding to the putative father.  
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The Department of Children
and Family Services shall establish 
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rules and informational material necessary
to implement the 
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provisions of this Section.  The Department shall have the

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authority to set reasonable fees for the use of the Registry. 
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All such fees for the use of the Registry that are received by 
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the Department or its agent shall be deposited into the fund 
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authorized under subsection (b) of Section 25 of the Children 
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and Family Services Act. The Department shall use the moneys in 
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that fund for the purpose of maintaining the Registry.


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    (a) The Department shall maintain the following 
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information in the Registry:


 


 






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        (1) With respect to the putative father:


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            (i) Name, including any other names by which the 
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        putative father may be
known and that he may provide to 
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        the Registry;


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            (ii) Address at which he may be served with notice 
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        of a petition under
this Act, including any change of 
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        address;


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            (iii) Social Security Number;


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            (iv) Date of birth; and


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            (v) If applicable, a certified copy of an order by 
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        a court of this
State or of another
state or territory 
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        of the United States adjudicating the putative father 
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        to be
the father of the child.


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        (2) With respect to the mother of the child:


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            (i) Name, including all other names known to the 
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        putative father by
which the mother may be known;


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            (ii) If known to the putative father, her last 
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        address;


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            (iii) Social Security
Number; and


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            (iv) Date of birth.


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        (3) If known to the putative father, the name, gender, 
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    place of birth, and
date of birth or anticipated date of 
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    birth of the child.


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        (4) The date that the Department received the putative 
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    father's
registration.


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        (5) Other information as the Department may by rule 
 


 






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    determine
necessary for the orderly administration of the 
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    Registry.

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    (b) A putative father may register with the Department 
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before the birth of
the child but shall register no later than 
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40 30 days after the birth of the
child.
All
registrations 
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shall be in writing and signed by the putative father.  No fee

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shall be charged for the initial registration.  The Department 
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shall have no
independent obligation to gather the information 
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to be maintained.

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    (c) An interested party, including persons intending to 
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adopt a child, a
child welfare agency with whom the mother has 
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placed or has given written
notice of her intention to place a 
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child for adoption, the mother of the child,
or an attorney 
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representing an interested party may request that the

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Department search the Registry to determine whether a putative 
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father is
registered in relation to a child who is or may be 
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the subject to an adoption
petition.

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    (d) A search of the Registry may be proven by the 
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production of a certified
copy of the registration form, or by 
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the certified statement of the
administrator of the Registry 
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that after a search, no registration of a
putative father in 
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relation to a child who is or may be the subject of an
adoption 
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petition could be located.

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    (e) Except as otherwise provided, information contained 
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within the
Registry is confidential and shall not be published 
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or open to public
inspection.

 


 






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    (f) A person who knowingly or intentionally registers false

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information under this Section commits a Class B misdemeanor.
A 
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person who knowingly or intentionally releases confidential 
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information
in violation of this Section commits a Class B 
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misdemeanor.

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    (g) Except as provided in subsections (b) or (c) of Section 
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8 of this Act, a putative
father who
fails to register with the 
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Putative Father Registry as provided in this Section
is barred 
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from thereafter bringing or maintaining any action to assert 
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any
interest in the child, unless he proves:
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    (1) by clear and convincing evidence that: 
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        (A) it was not possible for him to register within

     the 
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    period of time specified in subsection (b) of this Section; 
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    and 
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        (B) his failure to register was through no fault of

     his 
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    own; and 
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        (C) he registered within 10 days after it became

     
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    possible for him to file; or 
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        (2) by clear and convincing evidence that a fraud has 
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    been perpetrated upon the court. 
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by clear and convincing evidence that:


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        (1) it was not possible for him to register within the 
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    period of time
specified in subsection (b) of this Section; 
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    and


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        (2) his failure to register was through no fault of his 
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    own; and


 


 






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        (3) he registered within 10 days after it became 
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    possible for him to file.

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    A putative father who files a verified petition alleging 
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facts sufficient to meet the requirements of the exception set 
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forth in this subsection (g) is entitled to a hearing limited 
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solely to whether his registration falls within said exception, 
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however, in no event is a putative father entitled to a hearing 
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if said petition is filed after the entry of an order 
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terminating the parental rights of said putative father. A lack 
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of knowledge of the pregnancy or birth is not an acceptable 
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reason for
failure to register.

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    (h) Except as provided in subsection (b) or (c) of Section 
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8 of this Act, failure to timely
register with the Putative 
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Father Registry (i) shall be deemed to be a waiver
and 
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surrender of any right to notice of any hearing in any judicial 
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proceeding
for the adoption of the child, and the consent or 
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surrender of that
person to the adoption of
the
child is not 
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required, and (ii) shall constitute an abandonment of the child

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and shall be prima facie evidence of sufficient grounds to 
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support termination
of such
father's parental rights under this 
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Act.

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    (i) In any adoption proceeding pertaining to a child born 
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out of wedlock, if
there is no showing that a putative father 
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has executed a consent or
surrender or waived his
rights 
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regarding the proposed adoption, certification as specified in

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subsection (d) shall be filed with the court prior to entry of 
 


 






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a final
judgment order of adoption.

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    (j) The Registry shall not be used to notify a putative 
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father who is the
father of a child as a result of criminal 
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sexual abuse or assault as defined
under Article 12 of the 
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Criminal Code of 1961.

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(Source: P.A. 94-1010, eff. 10-1-06.)