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In re Adoption of G.L.G.

Case Date: 09/29/1999
Court: 2nd District Appellate
Docket No: 2-99-0151

In re Adoption of G.L.G., No. 2-99-0151

2nd District, 29 September 1999



In re the Adoption of G.L.G., a Minor

(M.R.G., Plaintiff-Appellant, v. M.C., Defendant-Appellee).

 Appeal from the Circuit Court of McHenry County.

No. 96--AD--73

Honorable Sharon L. Prather, Judge, Presiding.

JUSTICE GEIGER delivered the opinion of the court:

The plaintiff, M.R.G., appeals from the June 26, 1998, order of the circuit court of McHenry County finding the defendant, M.C., who is the biological father of G.L.G., a minor, not unfit. The plaintiff also appeals from the trial court's January 11, 1999, order dismissing her adoption petition and ruling that she lacked standing to proceed to a custody hearing pursuant to section 20 of the Adoption Act after the adoption petition had been denied (750 ILCS 50/20 (West 1994)). For the reasons that follow, we reverse the trial court's order of June 26, 1998, vacate the trial court's January 11, 1999, order, and remand the cause for further proceedings on the adoption petition.

On October 28, 1996, the plaintiff filed her petition to "adopt related child." In her petition, the plaintiff alleged that the child to be adopted, G.L.G., was born on July 23, 1995, to Gretchen G., who had died on October 17, 1996. The plaintiff was Gretchen's sister. The plaintiff alleged that the defendant had been adjudicated the biological father of G.L.G. by default on January 5, 1996, but that he had failed to show a reasonable degree of interest in G.L.G. within 30 days of her birth. The plaintiff also alleged that the defendant had failed and refused to contribute toward the support of G.L.G. and that he had no contacts with G.L.G. for over 1