Adoption Reform Committee
Filed: 3/12/2009
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1 | AMENDMENT TO HOUSE BILL 4220
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2 | AMENDMENT NO. ______. Amend House Bill 4220, on page 3, | ||||||
3 | line 5, after "child", by inserting the following:
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4 | " , unless circumstances identified in this Section justify a | ||||||
5 | father's registration at a time in excess of 30 days because of | ||||||
6 | circumstances beyond the father's control; however, under no | ||||||
7 | circumstances may a putative father register with the | ||||||
8 | Department on a date that is more than 12 months from the date | ||||||
9 | the consent or surrender was executed "; and | ||||||
10 | on page 4, line 6, after "in", by inserting the following: | ||||||
11 | " this Section or "; and
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12 | on page 4, line 22, after " mother ", by inserting the following: | ||||||
13 | " to the court, including the birth mother's Affidavit of | ||||||
14 | Identification as required by Section 11 of this Act, and which | ||||||
15 | said Affidavit is mandatory as a necessary prerequisite to any |
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1 | adoption in which a consent or surrender is made "; and
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2 | on page 5, by replacing lines 6 through 12 with the following: | ||||||
3 | "Act. However, a putative father who files a written motion | ||||||
4 | that asserts that the relevant facts are sufficient to overcome | ||||||
5 | the prima facie evidence of abandonment is entitled to a | ||||||
6 | hearing on that motion, only if the motion was filed no later | ||||||
7 | than 12 months from the date the consent or surrender was | ||||||
8 | executed. On that motion, the burden of proof is on the | ||||||
9 | putative father to show that, by a preponderance of the | ||||||
10 | evidence, the putative father did not abandon the child. ".
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