PROCEEDINGS FOR TERMINATION OF
PARENTAL RIGHTS
Section 301. Suit Authorized; Joinder of Suits
A suit for termination of the parent-child
relationship may be brought as provided in this
Title.
A suit for voluntary termination of the parent-
child relationship brought under this Title
may be joined with a suit for involuntary
termination of the parent-child relationship
brought pursuant to this Title.
Section 302. Who May Bring Suit; Characterization of Suit
A parent may file a suit for voluntary termination
of the parent-child relationship between such
parent and his child.
(b) An authorized adoption agency may file and prosecute
a suit for voluntary termination of the parent-
child relationship between a parent and his child
if the parent as to whom the parent-child relationship
is being terminated has voluntarily executed an
unrevoked or irrevocable relinquishment to such
agency specifically authorizing the agency to file
and prosecute such suit.
A suit for involuntary termination of the parent-
child relationship may be filed by:
(1) An authorized adoption agency or a public
or voluntary child-placing or child-caring
agency having responsibility for the child;
(5) The State Adoption Administration.
(a) If, at any time prior to the rendition of judgment
in a suit brought pursuant to subsection (b) of
this Section, the relinquishing parent notifies
the petitioning agency of the parent's desire
to contest termination of his parental rights,
the agency must disclose to the court the
parent's desire and the suit shall thereafter
be prosecuted as a suit for involuntary termination
of the parent-child relationship. If the parent
otherwise notifies the court, directly or indirectly,
of his desire to contest termination of his parental
rights, the suit shall be thereafter prosecuted
as a suit for involuntary termination of the parent-
child relationship.
A putative father who is in fact the father of
genetic origin of a child shall have the same rights
and be treated under this Act as a birth parent
of the child if he affirmatively claims such rights
and
Before the child's birth, he and the child's birth mother have attempted to marry each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is or could be declared invalid, and
If the attempted marriage could be declared
invalid only by a court, the child is
born during the attempted marriage or
within 300 days after its termination
by death, annulment, declaration of
invalidity, or divorce; or
If the attempted marriage is invalid
without a court order, the child is
born within 300 days after the
termination of cohabitation;
(2) After the child's birth, he and the child's
birth mother have married or attempted to
marry each other by a marriage solemnized
in apparent compliance with law, although
the attempted marriage is or could be
declared invalid, and
While the child is under the age of majority,
he has received the child into his home and
openly held out the child as his son or
daughter; or
While the child is under the age of majority
and living with his birth mother, he has
cohabited with the child's birth mother.
The rights of a putative father may be relinquished or terminated through voluntary or involuntary court action with or without the adjudication of paternity.
A putative father may disclaim all legal rights
with respect to a child as provided in Section 205
of this Act.
In any suit brought under this Act to terminate
the parent-child relationship with respect to a
child, the child's birth mother or any authorized
adoption agency acting with consent of the child's
birth mother may file with the court a Declaration
of Intent to Terminate Rights. The Declaration
may be filed before or after the birth of the child
and shall state with specificity:
The name, sex, date and place of birth, and
present address of the child, if known; or
the expected date, place of birth, and name
of hospital if known;
The name and mailing address of the mother
of the child;
(3) The name, address and telephone number of the
agency which has filed the Declaration, if
applicable; or the name, address, and telephone
number of an authorized adoption agency with
which the putative father may counsel if he
so desires;
That the putative father has been identified as the father or possible father of the child;
That the child is subject to the jurisdiction
of the [] court, and the address of such
court;
That plans are being made for the child's future
and that the putative father has the legal
right to participate in decision-making with
respect to the child, if he so desires;
That failure to act in accordance with the
requirements of subsection (d) (7) hereof shall
constitute grounds for involuntary termination
of the putative father's rights with respect
to the child and that the [] court will
proceed to terminate all rights of the
putative father with respect to the child
without further notice to the putative
father.
The Declaration of Intent to Terminate Rights shall
be served upon the putative father according to
the provisions of Section 308 of this Act. If
notice is not thereby effected, the petitioner
shall make a diligent search for the putative
father according to Section 315 (e) of this Act.
The putative father may claim rights pertaining
to his paternity by filing suit for formal recognition
of his parental rights with respect to the child
as provided by the laws of this state. The child
shall not be legally free for adoption while
such suit is pending.
(g) The putative father shall not file suit for
formal recognition of his parental rights
unless he first files with the court in which
the termination proceeding is pending a Claim
of Paternity. The Claim of Paternity shall be
in writing, shall be signed by the putative
father before two subscribing witnesses, and
shall be certified or notarized. The Claim
of Paternity must clearly state that the
putative father acknowledges that he is or may be
the father of the child and that he is willing to
make payments for support of the child and
for pregnancy- and birth-related expenses of
the child's mother. The Claim of Paternity
must also include:
(1) The name, sex, date and place of birth of
the child, if known; or the expected date,
place of birth, and name of hospital,
if known;
The name, age and last known address of the
child's mother;
The full name, date and place of birth,
and place of residence of the putative
father;
(4) The mailing address of the putative father;
The address at which the putative father
may be personally served with notice in
legal proceedings with respect to the child;
The social security number of the putative
father; and
A statement that the putative father will,
within fourteen days from the date of
filing his Claim of Paternity, file suit
in a court of competent jurisdiction for
formal recognition of his parental rights
with respect to the child.
A Claim of Paternity is prima facie evidence that
the putative father has an obligation to make payments
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