Illinois General Assembly - Bill Status for HB4220

Amends the Adoption Act. Provides that a lack of knowledge of the pregnancy or birth is not an acceptable reason for failure to register with the Putative Father Registry, unless that lack of knowledge was due to a fraudulent misrepresentation by the birth mother (instead of a lack of knowledge of the pregnancy or birth is not an acceptable reason for failure to register). Provides that a putative father who brought an action to assert an interest in the child, but who did not obtain a ruling from the court that he proved certain conditions by clear and convincing evidence, has an opportunity to present evidence at a hearing to overcome the prima facie evidence of sufficient grounds to support termination of his father's rights under this Act.

Further amends the Adoption Act. Provides that a putative father may register with the Department before the child's birth but shall register no later than 30 days after the child's birth, unless specified circumstances beyond the father's control justify a father's registration at a time in excess of 30 days (instead of but shall register no later than 30 days after the birth of the child); however, under no circumstances may a putative father register with the Department on a date that is more than 12 months from the date the consent or surrender was executed. Provides that a lack of knowledge of the pregnancy or birth is not an acceptable reason for failure to register with the Putative Father Registry, unless that lack of knowledge was due to a fraudulent misrepresentation by the birth mother to the court, including the birth mother's Affidavit of Identification (instead of a lack of knowledge of the pregnancy or birth is not an acceptable reason for failure to register, unless that lack of knowledge was due to a fraudulent misrepresentation by the birth mother). Provides that a putative father who files a written motion that asserts that the relevant facts are sufficient to overcome the prima facie evidence of abandonment is entitled to a hearing on that motion, only if the motion was filed no later than 12 months from the date the consent or surrender was executed. Provides that on that motion, the burden of proof is on the putative father to show that, by a preponderance of the evidence, the putative father did not abandon the child (instead of a putative father who brought an action to assert an interest in the child, but who did not obtain a ruling from the court that he proved by clear and convincing evidence the 3 conditions prescribed by the Act, has an opportunity to present evidence at a hearing to overcome the prima facie evidence of sufficient grounds to support termination of his father's rights under this Act).

Deletes everything after the enacting clause. Further amends the Adoption Act. Provides that a putative father whose verified petition alleges that it was not possible for him to register within the required time period, his failure to register was through no fault of his own, and he registered within 10 days after it was possible to do so, is entitled to a hearing limited solely to whether his registration falls within this exception, however, in no event is a putative father entitled to a hearing if his petition is filed after the entry of an order terminating the parental rights of the putative father, unless he can show that a fraud has been perpetrated upon the court.

Further amends the Adoption Act. Provides that a putative father may register with the Department before the birth of the child but shall register no later than 40 (instead of 30) days after the birth of the child. Provides that 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, in the alternative to existing requirements, he proves by clear and convincing evidence that a fraud has been perpetrated upon the court.

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