Full Text of SB2496 093rd General Assembly
SB2496eng 93RD GENERAL ASSEMBLY
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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 | 5 |
| 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 | 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
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| 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
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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 | 32 |
| 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 | 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
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| 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
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| 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
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| ..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.)
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| 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.
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| 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:
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| (a) any person adjudicated by a court in this State to | 7 |
| be the father of
the child;
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| (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;
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| (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;
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| (d) any person who is recorded on the child's birth | 18 |
| certificate as the
child's father;
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| (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;
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| (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;
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| (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.
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| 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 |
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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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