SB0511ham001 94TH GENERAL ASSEMBLY 
Rep. Sara Feigenholtz
Filed: 5/4/2005
 
 

 




 

 		












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AMENDMENT TO SENATE BILL 511 




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    AMENDMENT NO. ______. Amend Senate Bill 511  by replacing 
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everything after the enacting clause with the following:

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



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



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    Sec. 7. Process. 

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

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residence cannot be ascertained, the clerk shall cause 
 


 






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publication to be
made in some newspaper published in the 
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county in which the action is
pending. If there is no newspaper 
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published in that county, then the
publication shall be in a 
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newspaper published in an adjoining county in
this State, 
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having a circulation in the county in which such action is

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

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

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

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

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..male child. Adoption No. .....
To-- .... (whom it may concern 
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or the named parent)
Take notice that a petition was filed in 
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the Circuit Court of .... County,
Illinois, for the adoption of 
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a child named ..... Now, therefore, unless
you ...., and all 
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whom it may concern, file your answer to the Petition in
the 
 


 






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action or otherwise file your appearance therein,
in the said 
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Circuit
Court of ...., County, Room ...., ...., in the City of 
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...., Illinois, on
or before the .... day of ...., a default 
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may be entered against you at any
time after that day and a 
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judgment entered in accordance with the prayer of
said 
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Petition.
Dated, ...., Illinois, .... ...., Clerk.
(Name and 
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address of attorney for petitioners.)

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

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


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


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


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


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


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


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        (f) any person who has been identified as the child's 
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    father by the mother
in a written, sworn statement, 
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    including an Affidavit of Identification as
specified 
 


 






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    under Section 11 of this Act;


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

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    The sole purpose of notice under this Section shall be to 
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enable the person
receiving notice to appear in the adoption 
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proceedings to present evidence to
the court relevant to 
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whether the consent or surrender of the person to the adoption 
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is required pursuant to Section 8 of this Act.  If the court 
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determines that the consent or surrender of the person is not 
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required pursuant to Section 8, then the person shall not be 
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entitled to participate in the proceedings or to any further 
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notice of the proceedings
the best interests of the child.

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

 



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



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

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adoption. 

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


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


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


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


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


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


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        (6) to be the father of a child who:
 


 






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            (i) is a family member of the mother of the child, 
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        and the mother is under the age of 18 at the time of 
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        the child's conception;  for purposes of this 
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        subsection, a "family member" is a parent, 
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        step-parent, grandparent, step-grandparent, sibling, 
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        or cousin of the first degree, whether by whole blood, 
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        half-blood, or adoption, as well as a person age 18 or 
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        over at the time of the child's conception who has 
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        resided in the household with the mother continuously 
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        for at least one year; or
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            (ii) is at least 5 years older than the child's 
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        mother, and the mother was under the age of 17 at the 
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        time of the child's conception, unless the mother and 
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        father voluntarily acknowledge the father's paternity 
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        of the child by marrying or by establishing the 
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        father's paternity by consent of the parties pursuant 
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        to the Illinois Parentage Act of 1984 or pursuant to a 
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        substantially similar statute in another state.
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        A criminal conviction of any offense pursuant to 
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    Article 12 of the Criminal Code of 1961 is not required.
to 
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    have been indicated for child sexual abuse as defined in 
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    the
Abused and Neglected Child Reporting Act that involved 
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    sexual penetration of
the mother; or


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

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

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


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


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


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

 


 






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


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

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


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


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

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


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

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            repeated contact with the child as manifested by:

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            (I) the payment by the father
toward the support of 
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            the child of a fair and reasonable sum, according 
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            to the
father's means, and either (II) the father's 
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            visiting the child at least
monthly
when 
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            physically and financially able to do so and not 
 


 






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            prevented from doing so
by the person or authorized 
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            agency having lawful custody of the child, or (III)

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


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


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


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


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

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    adoption to such agency; or


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        (4) Any person or agency having legal custody of a 
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    child by court order
if the parental rights of the parents 
 


 






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    have been judicially terminated, and
the court having 
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    jurisdiction of the guardianship of the child has 
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    authorized
the consent to the adoption; or


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        (5) The execution and
verification of the petition by 
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    any petitioner who is
also a parent of the child sought to 
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    be adopted shall be sufficient evidence
of such parent's 
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    consent to the adoption.

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


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


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


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

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


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

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


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


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                (iv) in the case of a child placed with the 
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            adopting parents less than
6
months after birth, 
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            made a good faith effort to pay a reasonable amount 
33
            of the
expenses
related to the birth of the child 
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            and to provide a reasonable amount for the

 


 






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

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            child,
provided that the court may consider in its 
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            determination all relevant
circumstances, 
5
            including the financial condition of both 
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            biological parents;
or


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

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

24
            intent of the father, whether expressed or 
25
            otherwise, unsupported by evidence
of acts 
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            specified in this sub-paragraph as manifesting 
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            such intent, shall not
preclude a determination 
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            that the father failed to maintain substantial and

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            continuous or repeated contact with the child; or


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                (vi) in the case of a child placed with the 
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            adopting parents more than
six
months after birth, 
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            openly lived with the child for a period of six 
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            months
within the one year period immediately 
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            preceding the placement of the child for
adoption 
 


 






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            and openly held himself out to be the father of the 
2
            child; or


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                (vii) has timely registered with the Putative 
4
            Father Registry, as
provided
in Section 12.1 of 
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            this Act,
and prior to the expiration of 30 days 
6
            from the date
of such
registration, commenced 
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            legal
proceedings to establish paternity under the 
8
            Illinois Parentage Act of 1984, or
under the law of 
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            the jurisdiction of the child's birth.

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    (d) In making a determination under subparagraphs (b)(1) 
11
and (c)(1), no
showing shall be required of diligent efforts by 
12
a person or agency to
encourage the father to perform the acts 
13
specified therein.

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

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