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SB2496 Engrossed |
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LRB093 20249 LCB 46012 b |
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| AN ACT concerning adoption.
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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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| 7 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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SB2496 Engrossed |
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LRB093 20249 LCB 46012 b |
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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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LRB093 20249 LCB 46012 b |
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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 |