Illinois Lawyer Referrals and Legal Guidance
Illinois Adoption Laws On The Putative Father Registry And Notice To The Putative Father
To research the different Illinois adoption laws, Chicago attorneys, Wheaton attorneys and other lawyers in Illinois, refer to the Illinois Complied Statutes Chapter 750 ILCS 50/ – Adoption Act. Illinois law provides the following rules on the putative father registry and notice to the putative father.
(750 ILCS 50/12.1)
Sec. 12.1. Putative Father Registry. The Department of Children
and Family Services shall establish a Putative Father Registry for the
purpose of determining the identity and location of a putative father of
a minor child who is, or is expected to be, the subject of an adoption
proceeding, in order to provide notice of such proceeding to the
putative father. The Department of Children and Family Services shall
establish rules and informational material necessary to implement the
provisions of this Section. The Department shall have the authority to
set reasonable fees for the use of the Registry.
(a) The Department shall maintain the following information in the
Registry:
(1) With respect to the putative father:
(i) Name, including any other names by which the putative
father may be known and that he may provide to the Registry;
(ii) Address at which he may be served with notice of a
petition under this Act, including any change of address;
(iii) Social Security Number;
(iv) Date of birth; and
(v) If applicable, a certified copy of an order by a
court of this State or of another state or territory of the
United States adjudicating the putative father to be the father
of the child.
(2) With respect to the mother of the child:
(i) Name, including all other names known to the putative
father by which the mother may be known;
(ii) If known to the putative father, her last address;
(iii) Social Security Number; and
(iv) Date of birth.
(3) If known to the putative father, the name, gender, place
of birth, and date of birth or anticipated date of birth of the
child.
(4) The date that the Department received the putative
father's registration.
(5) Other information as the Department may by rule determine
necessary for the orderly administration of the Registry.
(b) A putative father may register with the Department before the
birth of the child but shall register no later than 30 days after the
birth of the child. All registrations shall be in writing and signed by
the putative father. No fee shall be charged for the initial
registration. The Department shall have no independent obligation to
gather the information to be maintained.
(c) An interested party, including persons intending to adopt a
child, a child welfare agency with whom the mother has placed or has
given written notice of her intention to place a child for adoption, the
mother of the child, or an attorney representing an interested party may
request that the Department search the Registry to determine whether a
putative father is registered in relation to a child who is or may be
the subject to an adoption petition.
(d) A search of the Registry may be proven by the production of a
certified copy of the registration form, or by the certified statement
of the administrator of the Registry that after a search, no
registration of a putative father in relation to a child who is or may
be the subject of an adoption petition could be located.
(e) Except as otherwise provided, information contained within the
Registry is confidential and shall not be published or open to public
inspection.
(f) A person who knowingly or intentionally registers false
information under this Section commits a Class B misdemeanor. A person
who knowingly or intentionally releases confidential information in
violation of this Section commits a Class B misdemeanor.
(g) Except as provided in subsections (b) or (c) of Section 8 of
this Act, a putative father who fails to register with the Putative
Father Registry as provided in this Section is barred from thereafter
bringing or maintaining any action to assert any interest in the child,
unless he proves by clear and convincing evidence that:
(1) it was not possible for him to register within the period
of time specified in subsection (b) of this Section; and
(2) his failure to register was through no fault of his own;
and
(3) he registered within 10 days after it became possible for
him to file.
A lack of knowledge of the pregnancy or birth is not an acceptable
reason for failure to register.
(h) Except as provided in subsection (b) or (c) of Section 8 of
this Act, failure to timely register with the Putative Father Registry
(i) shall be deemed to be a waiver and surrender of any right to notice
of any hearing in any judicial proceeding for the adoption of the child,
and the consent or surrender of that person to the adoption of the child
is not required, and (ii) shall constitute an abandonment of the child
and shall be prima facie evidence of sufficient grounds to support
termination of such father's parental rights under this Act.
(i) In any adoption proceeding pertaining to a child born out of
wedlock, if there is no showing that a putative father has executed a
consent or surrender or waived his rights regarding the proposed
adoption, certification as specified in subsection (d) shall be filed
with the court prior to entry of a final judgment order of adoption.
(j) The Registry shall not be used to notify a putative father who
is the father of a child as a result of criminal sexual abuse or assault
as defined under Article 12 of the Criminal Code of 1961.
(750 ILCS 50/12a)
Sec. 12a. Notice to putative father.
1. Upon the written request to any Clerk of any Circuit Court, and
upon the payment of a filing fee of $10.00, by any interested party,
including persons intending to adopt a child, a child welfare agency
with whom the mother has placed or has given written notice of her
intention to place a child for adoption, the mother of a child, or any
attorney representing an interested party, a notice, the declaration of
paternity and the disclaimer of paternity may be served on a putative
father in the same manner as Summons is served in other civil
proceedings, or, in lieu of personal service, service may be made as
follows:
(a) The person requesting notice shall pay to the Clerk of the
Court a mailing fee of $2 plus the cost of U. S. postage for
certified or registered mail and furnish to the Clerk an original
and one copy of a notice, the declaration of paternity and the
disclaimer of paternity together with an Affidavit setting forth the
putative father's last known address. The original notice, the
declaration of paternity and the disclaimer of paternity shall be
retained by the Clerk.
(b) The Clerk shall forthwith mail to the putative father, at
the address appearing in the Affidavit, the copy of the notice, the
declaration of paternity and the disclaimer of paternity, by
certified mail, return receipt requested; the envelope and return
receipt shall bear the return address of the Clerk. The receipt for
certified mail shall state the name and address of the addressee,
and the date of mailing, and shall be attached to the original
notice.
(c) The return receipt, when returned to the Clerk, shall be
attached to the original notice, the declaration of paternity and
the disclaimer of paternity, and shall constitute proof of service.
(d) The Clerk shall note the fact of service in a permanent
record.
Many Illinois lawyers including numerous Chicago lawyers have made Illinois adoption law the focus of their practice. Please do not hesitate to contact us for a referral to an Illinois attorney that can assist you.
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