§ 4-28 — Notice to putative father

Illinois § 4-28

• Jurisdiction: Illinois
• Topic: RIGHTS AND REMEDIES
• Ch. 705: COURTS
• Act 705 ILCS 405/: Juvenile Court Act of 1987.
• Art.: Article IV - Addicted Minors

Text

1. Upon the written request to any Clerk of any Circuit Court 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 may be served on a putative father in the same manner as Summons is served in other proceedings under this Act, or in lieu of personal service, service may be made as follows: (a) The person requesting notice shall furnish to the Clerk an original and one copy of a notice together with an Affidavit setting forth the putative father's last known address. The original notice shall be retained by the Clerk. (b) The Clerk forthwith shall mail to the putative father, at the address appearing in the Affidavit, the copy of the notice, 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, and shall constitute proof of service. (d) The Clerk shall note the fact of service in a permanent record. 2. The notice shall be signed by the Clerk, and may be served on the putative father at any time after conception, and shall read as follows: "IN THE MATTER OF NOTICE TO ....., PUTATIVE FATHER. You have been identified as the father of a child born or expected to be born on or about (insert date). The mother of said child is ..... The mother has indicated she intends to place the child for adoption or otherwise have a judgment entered terminating her rights with respect to such child. As the alleged father of said child, you have certain legal rights with respect to said child, including the right to notice of the filing of proceedings instituted for the termination of your parental rights regarding said child. If you wish to retain your rights with respect to said child, you must file with the Clerk of this Circuit Court of ..... County, Illinois, whose address is ....., ....., Illinois, within 30 days after the date of receipt of this notice, a declaration of paternity stating that you are, in fact, the father of said child and that you intend to retain your legal rights with respect to said child, or request to be notified of any further proceedings with respect to custody, termination of parental rights or adoption of the child. If you do not file such a declaration of paternity, or a request for notice, then whatever legal rights you have with respect to said child, including the right to notice of any future proceedings for the adoption of said child, may be terminated without any further notice to you. When your legal rights with respect to said child are so terminated, you will not be entitled to notice of any proceeding instituted for the adoption of said child. If you are not the father of said child, you may file with the Clerk of this Court, a disclaimer of paternity which will be noted in the Clerk's file and you will receive no further notice with respect to said child.". The disclaimer of paternity shall be substantially as follows: "IN THE CIRCUIT COURT OF THE .......... JUDICIAL CIRCUIT, ILLINOIS .......... County ) ) ) No. ) ) DENIAL OF PATERNITY WITH ENTRY OF APPEARANCE AND CONSENT TO ADOPTION I, .........., state as follows: (1) That I am ..... years of age; and I reside at .......... in the County of .........., State of ........... (2) That I have been advised that .......... is the mother of a .....male child named ..... born or expected to be born on or about ..... and that such mother has stated that I am the father of this child. (3) I deny that I am the father of this child. (4) I further understand that the mother of this child wishes to consent to the adoption of the child. I hereby consent to the adoption of this child, and waive any rights, remedies and defenses that I may now or in the future have as a result of the mother's allegation of the paternity of this child. This consent is being given in order to facilitate the adoption of the child and so that the court may terminate what rights I may have to the child as a result of being named the father by the mother. This consent is not in any manner an admission of paternity. (5) I hereby enter my appearance in the above entitled cause and waive service of summons and other pleading and consent to an immediate hearing on a petition TO TERMINATE PARENTAL RIGHTS AND TO APPOINT A GUARDIAN WITH THE POWER TO CONSENT TO THE ADOPTION OF THIS CHILD. OATH I have been duly sworn and I say under oath that I have read and understood this Denial of Paternity With Entry of Appearance and Consent to Adoption. The facts it contains are true and correct to the best of my knowledge, and I understand that by signing this document I have not admitted paternity. I have signed this document as my free and voluntary act in order to facilitate the adoption of the child. ........... (signature) Dated (insert date). Signed and sworn before me on (insert date). ................. (notary public)". The names of adoptive parents, if any, shall not be included in the notice. 3. If the putative father files a disclaimer of paternity, he shall be deemed not to be the father of the child with respect to any adoption or other proceeding held to terminate the rights of parents as respects such child. 4. In the event the putative father does not file a declaration of paternity of the child or request for notice within 30 days of service of the above notice, he need not be made a party to or given notice of any proceeding brought for the adoption of the child. An Order or Judgment may be entered in such proceeding terminating all of his rights with respect to said child without further notice to him. 5. If the putative father files a declaration of paternity or a request for notice in accordance with subsection 2 with respect to the child, he shall be given notice in the event any proceeding is brought for the adoption of the child or for termination of parents' rights of the child. 6. The Clerk shall maintain separate numbered files and records of requests and proofs of service and all other documents filed pursuant to this article. All such records shall be impounded.

Legislative History

(Source: P.A. 91-357, eff. 7-29-99.)