HB4220ham001 96TH GENERAL ASSEMBLY

Adoption Reform Committee

Filed: 3/12/2009

09600HB4220ham001 LRB096 10253 AJO 23660 a

AMENDMENT TO HOUSE BILL 4220

AMENDMENT NO. ______. Amend House Bill 4220, on page 3, line 5, after "child", by inserting the following:

", unless circumstances identified in this Section justify a father's registration at a time in excess of 30 days because of circumstances beyond the father's control; 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"; and

on page 4, line 6, after "in", by inserting the following: "this Section or"; and

on page 4, line 22, after "mother", by inserting the following: "to the court, including the birth mother's Affidavit of Identification as required by Section 11 of this Act, and which said Affidavit is mandatory as a necessary prerequisite to any adoption in which a consent or surrender is made"; and

on page 5, by replacing lines 6 through 12 with the following: "Act. However, 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. 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.".