As amended through September 23, 2024
Rule 21.09 - TERMINATION OF PARENTAL RIGHTS BY DEFAULT(a) Petitioners seeking to default any necessary party to an adoption proceeding based upon service by publication must file a supporting affidavit establishing factually the action taken that demonstrates honest and well directed efforts to ascertain the whereabouts of the person sought to be defaulted by such service. Said affidavit shall detail search efforts, including, but not limited to, searches of military records, the Illinois Department of Corrections, administrative agencies (i.e., the State Disbursement Unit), and all other search efforts.(b) The factual showing of the inability to serve or locate the person sought to be defaulted has also been defined as a showing of due diligence or more succinctly a showing that would lead a reasonable person to conclude "that kind of search or investigation which a diligent person intent on ascertaining a fact, would usually and ordinarily make." An affidavit as to military service status of any named person sought to be defaulted must also be filed in all cases where the identity of a putative father has been made known to the Petitioner or any other party to the proceeding.(c) Counsel seeking an Order of Default terminating the parental rights of any person should make certain that at the time of service, either personal, substitute or by publication that the complaint on file is legally sufficient to support a termination of parental rights.Ill. R. Cir. Ct. Dupage Cnty. 21.09