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 
12
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 
17
            jurisdiction not to be the
biological father of the 
18
            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, 
9
            has maintained substantial and continuous or 
10
            repeated
contact with the child as manifested by: 
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            (I) the payment by the father toward
the support of 
12
            the child of a fair and reasonable sum, according 
13
            to the
father's means, and either (II) the father's 
14
            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 
20
            custody of the child, when physically and

21
            financially unable to visit the child or prevented 
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            from doing so by the person
or authorized agency 
23
            having lawful custody of the child.  The subjective

24
            intent of the father, whether expressed or 
25
            otherwise, unsupported by evidence
of acts 
26
            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 
31
            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 
5
            this Act,
and prior to the expiration of 30 days 
6
            from the date
of such
registration, commenced 
7
            legal
proceedings to establish paternity under the 
8
            Illinois Parentage Act of 1984, or
under the law of 
9
            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 
15
consent of
such adult shall be required.

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