|
|
|
|
93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
SB2496
Introduced 2/3/2004, by John J. Cullerton SYNOPSIS AS INTRODUCED:
|
|
750 ILCS 50/7 |
from Ch. 40, par. 1509 |
|
Amends the Adoption Act. Provides that the sole purpose of notice shall be to enable the person receiving the 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 by the Act (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, then the person shall not be entitled to participate in the proceedings or to any further notice of the proceedings.
|
|
|
|
|
|
|
|
A BILL FOR
|
|
|
|
|
SB2496 |
|
LRB093 20249 LCB 46012 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 Section |
| 5 |
| 7 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 |
|
|
|
SB2496 |
- 2 - |
LRB093 20249 LCB 46012 b |
|
|
| 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.
|
|
|
|
SB2496 |
- 3 - |
LRB093 20249 LCB 46012 b |
|
|
| 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, then the person shall not be |
| 36 |
| entitled to participate in the proceedings or to any further |