Adoption When the Father is Unknown in Illinois

Article written by Illinois Attorney Kevin O’Flaherty

In this article we explain the adoption process when the father is unknown in Illinois. We explain fathers’ rights in Illinois adoption and answer the questions “who qualifies as a putative father for the purpose of Illinois adoption?”, “what is the putative father registry?”, and “what if the father is unknown in an Illinois adoption case?”

For some foundational information, check out our article: The Illinois Adoption Process Explained.

Fathers’ Rights in Illinois Adoption

If a mother seeks to place a child for adoption in Illinois or have her spouse adopt her child, she must first obtain the consent of the biological father or terminate the father’s parental rights. The biological father must also be made a party to the adoption proceeding.

If the mother is unsure who the biological father is, everyone who qualifies as a “putative father” according to the Illinois Adoption Act must be added as a party to the adoption case.

Who Qualifies as a Putative Father For the Purpose of Illinois Adoption?

According to the Illinois Adoption Act a Putative Father is a potential father who meets one of the following criteria:

• A man who was married to the mother on the date of the child’s birth or within 300 days prior to the child’s birth;