Putative Fathers

Does State have a Putative Father Registry:

Yes

Legal definition of "father"
Comp. Stat. Ch. 750 § 45/2; 45/5

''Parent and child relationship'' means the legal relationship existing between a child and his natural or adoptive parents, incident to which the law confers or imposes rights, privileges, duties, and obligations. It includes the mother and child relationship and the father and child relationship.

A man is presumed to be the natural father of a child if:

• He and the child's mother are or have been married to each other, even though the marriage is or could be declared invalid, and the child is born or conceived during such marriage.
• After the child's birth, he and the child's mother have married each other, even though the marriage is or could be declared invalid, and he is named, with his written consent, as the child's father on the child's birth certificate.
• He and the child's mother have signed an acknowledgment of paternity.
• He and the child's mother have signed an acknowledgment of parentage or, if the natural father is someone other than one presumed to be the father, an acknowledgment of parentage and denial of paternity in accordance with Ch. 410, § 535/12.

Putative father registry
Comp. Stat. Ch. 750 § 50/12.1

The Department of Children and Family Services shall establish a Putative Father Registry for the purpose of determining the identity and location of a putative father of a minor child who is, or is expected to be, the subject of an adoption proceeding, in order to provide notice of such proceeding to the putative father. A putative father may register with the Department before the birth of the child but shall register no later than 30 days after the birth of the child. All registrations shall be in writing and signed by the putative father.

Except as provided in Ch. 750, § 50/8(b) of (c), a putative father who fails to register with the Putative Father Registry is barred from thereafter bringing or maintaining any action to assert any interest in the child, unless he proves by clear and convincing evidence that:

• It was not possible for him to register within the period of time specified above.
• His failure to register was through no fault of his own.
• He registered within 10 days after it became possible for him to file.

Except as provided in Ch. 750, § 50/8(b) or (c), failure to timely register with the Putative Father Registry shall:

• Be deemed to be a waiver and surrender of any right to notice of any hearing in any judicial proceeding for the adoption of the child, and the consent or surrender of that person to the adoption of the child is not required
• Constitute an abandonment of the child and shall be prima facie evidence of sufficient grounds to support termination of such father's parental rights

Alternate means to establish paternity
Comp. Stat. Ch. 750, § 45/7; Ch. 410, § 535/12

An action to determine the existence of the father and child relationship, whether or not such a relationship is already presumed under Ch. 750, § 45/5, may be brought by:

• The child
• The mother
• A pregnant woman
• Any person or public agency who has custody of, or is providing or has provided financial support to, the child
• The Illinois Department of Public Aid if it is providing or has provided financial support to the child or if it is assisting with child support collection services
• A man presumed or alleging himself to be the father of the child or expected child

Upon the birth of a child to an unmarried woman, or upon the birth of a child to a woman who was married at the time of conception or birth and whose husband is not the biological father of the child, the institution at the time of birth and the local registrar or county clerk after the birth shall provide:

• An opportunity for the child's mother and father to sign an acknowledgment of parentage
• If the presumed father is not the biological father, an opportunity for the mother and presumed father to sign a denial of paternity

The signing and witnessing of the acknowledgment of parentage or, if the presumed father of the child is not the biological father, the acknowledgment of parentage and denial of paternity conclusively establishes a parent and child relationship in accordance with Sections 5 and 6 of the Illinois Parentage Act of 1984 [Ch. 750, §§ 45/5 and 45/6].

Required Information
Comp. Stat. Ch. 750 § 50/12.1

The Department shall maintain the following information in the Registry:

• With respect to the putative father:
  • The name, including any other names by which the putative father may be known and that he may provide to the Registry
  • The address at which he may be served with notice of an adoption petition, including any change of address
  • His Social Security number
  • His date of birth
  • If applicable, a certified copy of an order by a court of this State or of another State or territory of the United States adjudicating the putative father to be the father of the child
• With respect to the mother of the child:
  • The name, including all other names known to the putative father by which the mother may be known
  • If known to the putative father, her last address, Social Security number, and date of birth
• If known to the putative father, the name, gender, place of birth, and date of birth or anticipated date of birth of the child
• The date that the department received the putative father's registration
• Other information as the department may by rule determine necessary for the orderly administration of the Registry

Revocation of claim to paternity
Comp. Stat. Ch. 750, § 45/5

An acknowledgment of paternity is conclusive unless the acknowledgment of parentage is rescinded, under the process provided in Ch. 410, § 535/12, upon the earlier of:

• 60 days after the date the acknowledgment of parentage is signed
• The date of an administrative or judicial proceeding relating to the child, including a proceeding to establish a support order, in which the signatory is a party

If a minor has signed the acknowledgment of paternity, the presumption becomes conclusive 6 months after the minor reaches majority or is otherwise emancipated.

Access to information
Comp. Stat. Ch. 750 § 50/12.1

The following persons may request the department to search the Registry to determine whether a putative father is registered in relation to a child who is or may be the subject to an adoption petition:

• An 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 the child
• An attorney representing an interested party

Except as provided above, information contained within the Registry is confidential and shall not be published or open to public inspection.

Credits: Child Welfare Information Gateway (http://www.childwelfare.gov)

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