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i know many of you here on this paticular forum are experiencing or have experienced a contested adoption . I just wanted to know if any one can give me advice about the putative registry are they strict do they apply in all states ?? i just need a little help with understanding it i don't get it and im wondering does the court take it into consideration or what? i needed info on the one in Illinois and the one in NY?
thanks all!
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IllinoisThe Department of Children and Family Services has established a putative father registry to determine the identity and location of a putative father in order to provide him with notice of an adoption proceeding. A putative father may register with the department before the birth of the child or within 30 days after the birth. The putative father loses his right to assert an interest in the child unless he proves by clear and convincing evidence that it was impossible for him to register within the time allotted through no fault of his own and that he registered within 10 days of it becoming possible. New YorkUnwed fathers who have maintained substantial and continuous or repeated contact with the child have the same rights as unmarried mothers with respect to their children, and must execute a voluntary surrender or have their parental rights terminated before the child can be adopted. New York sets different standards for evaluating whether an unwed father has a "substantialrelationship" based on the age of the child.Putative fathers who do not meet the statutory criteria that would require their consent to adoption may still qualify to be "notice fathers" under New York law. Special notice provisions give these fathers due process rights with respect to voluntary surrenders and termination of parental rights involving their nonmarital children. These provisions do not include men convicted of first degree rape when the child who is the subject of the termination was conceived as the result of the rape. Those fathers entitled to notice include:1.Any person adjudicated to be the father of the child by a New York court2. Any person adjudicated to be the father of the child by another State court when a certified copy of the order has been filed with the New York putative father registry3.Any person who has filed a timely and unrevoked notice of intent to claim paternity4.Any person who is recorded on the child's birth certificate as the child's father5. Any person who is openly living with the child and the child's mother at the time the proceeding is initiated or at the time the child was placed in the care of an authorized agency and who is holding himself out to be the child's father6.Any person who has been identified as the child's father by the mother in a written, sworn statement 7.Any person who was married to the child's mother within 6 months subsequent to the birth of the child and prior to the execution of a surrender or the initiation of a termination proceeding8.Any person who has filed an instrument with the putative father registry acknowledging paternity of the child (the putative father registry allows the father to file an acknowledgment of paternity with the State so that he will receive notice of any legal proceedings involving the child).Fathers who have not made efforts to establish a relationship with a nomarital child do not have a right to be included in a court decision to approve a mother's surrender, to terminate the mother's rights, or to approve the adoption of the child.
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