In re J.J.J. – Adoption
A natural father who fails to make child support payments voluntarily over a one year period will lose his right to withhold consent from the adoption of his children. When enforcing these standards the court must look to the true nature of the facts before it can make a true determination of whether in fact the natural parent has abandoned the child or failed to communicate meaningfully or has failed in support obligations.
Petition of Steve B.D. – Adoption
In the absence of fraud, duress, or undue influence, a natural parent does not have the right for an indeterminate period of time to revoke consent to adoption even after the adoption proceeding has been completed. The court adopted a new standard of determination tailored to place more importance on the child’s welfare rather than the protection of the interests of the natural and adoptive parents. [...]
Adoption of Michael H. – Adoption
A father having failed status as a presumed father has a right to stop an adoption so long as there is no proof that he is an unfit parent. However, this right is premised upon the father coming forward promptly and demonstrating a full commitment to his parental responsibilities as the biological mother allowed and circumstances permitted within a short time after he learned or reasonably should have learned that the biological mother was pregnant with his child.
Stanley v. Illinois – Child Custody
Unwed fathers cannot be presumed unfit to raise their children. A putative father with an established relationship with his children has a liberty interest in the companionship, care, custody, and management of his children and that interest warrants protection absent a powerful countervailing interest. Under the Due Process Clause of the Fourteenth Amendment, a statutory scheme to determine unfitness may not foreclose the determinative issues of competence and care.
Department of Public Aid ex rel. Cox v. Miller
A settlement order and dismissal entered in a paternity action is not a bar to a subsequent action on behalf of the minor for support. The court held that the Illinois Act expressly prohibits parties to an agreement from limiting or precluding the modification of child support. [...]
Jones v. Chandler – Paternity
The court held that both resident and nonresident persons who by their conduct in, or effects upon, this state, acquire enforceable duties toward the state’s citizens, upon whom the law confers correlative and corresponding rights. The word tortious is not limited to the technical definition of a tort. [...]
Parham v. Hughes – Parental Rights
If a father has not legitimated a child it is proper to deny him the right to sue for wrongful death. In the absence of invidious discrimination, a court is not free under Equal Protection to substitute its judgment for the will of the people of a State as expressed in the laws passed by the elected legislature. [...]
Lalli v. Lalli – Child Rights
When a classification is based on legitimacy, the Court will use an intermediate level standard of review. The Court will strike down the statute unless it is shown to be important to the achievement of a substantial government objective. [...]
Levy v. Louisiana – Child Rights
An illegitimate child should not be denied rights on account of his birth out of wedlock. Such a person is subject to all the responsibilities of other citizens including the payment of taxes and conscription under the Selective Service Act. Legitimacy or illegitimacy of birth has no relation to the nature of the wrong allegedly inflicted upon the mother. [...]
In re Grady – Sterilization
The court must determine if it is in the best interests of an incompetent to undergo sterilization. Sterilization of incompetents has been the subject of abuse in the past. This decision involves a variety of factors well suited to rational development in judicial proceedings and the court is best suited to evaluate these factors and to reach a fair decision of what is in the incompetent’s best interests. [...]