750 ILCS 50/12a

Current through Public Act 103-1052

Section 750 ILCS 50/12a - Notice to putative father

1.Upon the written request to any Clerk of any Circuit Court, and upon the payment of a filing fee of $10.00, 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, the declaration of paternity and the disclaimer of paternity may be served on a putative father in the same manner as Summons is served in other civil proceedings, or, in lieu of personal service, service may be made as follows:

(a) The person requesting notice shall pay to the Clerk of the Court a mailing fee of $2 plus the cost of U. S. postage for certified or registered mail and furnish to the Clerk an original and one copy of a notice, the declaration of paternity and the disclaimer of paternity together with an Affidavit setting forth the putative father's last known address. The original notice, the declaration of paternity and the disclaimer of paternity shall be retained by the Clerk.

(b) The Clerk shall forthwith mail to the putative father, at the address appearing in the Affidavit, the copy of the notice, the declaration of paternity and the disclaimer of paternity, by 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, the declaration of paternity and the disclaimer of paternity, 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 the child is.....

The mother has indicated that she intends to place the child for adoption.

As the alleged father of the child, you have certain legal rights with respect to the child, including the right to notice of the filing of proceedings instituted for the adoption of the child. If you wish to retain your rights with respect to the 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, the declaration of paternity enclosed herewith stating that you are, in fact, the father of the child and that you intend to retain your legal rights with respect to the child, or request to be notified of any further proceedings with respect to custody 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 the child, including the right to notice of any future proceedings for the adoption of the child, may be terminated without any further notice to you. When your legal rights with respect to the child are so terminated, you will not be entitled to notice of any proceeding instituted for the adoption of the child.

If you are not the father of the child, you may file with the Clerk of this Court the disclaimer of paternity enclosed herewith which will be noted in the Clerk's file and you will receive no further notice with respect to the child."

The declaration of paternity shall be substantially as follows:

"IN THE CIRCUIT COURT OF THE
.......... JUDICIAL CIRCUIT, ILLINOIS
.......... County
)
)
)	No.	)
)

DECLARATION OF PATERNITY WITH ENTRY OF APPEARANCE

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 with the initials ........ 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 declare that I am the father of this child.

(4) I understand that the mother of this child wishes to consent to the adoption of this child. I do not consent to the adoption of this child, and I understand that I must return this initial declaration of parentage form to the Clerk of the Circuit Court of ....... County, located at ........., within 30 days of receipt of this notice.

(5) I further understand that I am also obligated to establish my paternity pursuant to the Illinois Parentage Act of 2015 within 30 days of my receiving this notice or, if the child is not yet born, within 30 days after the birth of the child. This proceeding is separate and distinct from the above mailing of initial declaration of paternity; in this second notice, I must state that I am, in fact, the father of said child, and that I intend to retain my legal rights with respect to said child, and request to be notified of any further proceedings with respect to custody or adoption of the child.

(6) I hereby enter my appearance in the above entitled cause.

OATH

I have been duly sworn and I say under oath that I have read and understand this Declaration of Paternity With Entry of Appearance. The facts that it contains are true and correct to the best of my knowledge, and I understand that by signing this document I admit my paternity. I have signed this document as my free and voluntary act.

...........

(signature)

Dated (insert date).

Signed and sworn before me on (insert date).

................

(notary public)".

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 with the initials ..... 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.

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 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 the 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 event any proceeding is brought for the adoption 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.

750 ILCS 50/12a

Amended by P.A. 099-0085,§ 972, eff. 1/1/2016.

P.A. 91-357, eff. 7-29-99.