Illinois Parentage Act of 2015 Lawyer Manual

Statute

750 ILCS 46/1, et seq.

Definitions

750 ILCS 46/103

"Acknowledged father" means a man who has established a father-child relationship.

"Adjudicated father" means a man who has been named by a court of competent jurisdiction to be the father of a child. 

"Alleged father" means a man who claims to be the biological or possible biological father but whose paternity has not been established.

Establishment of a parent-child relationship

750 ILCS 46/201

The parent-child relationship is established between a woman and a child by:

• The woman has given birth to the child (except if a valid surrogacy contract exists)
• A ruling of a court of the woman's parentage
• Adoption of the child by a woman
• A valid surrogacy contract

The parent-child relationship is established between a man and a child by:

• An unrebutted presumption of the man's parentage under section 204 (see below)
• An effect voluntary acknowledgment of paternity by the man
• An adjudication (finding by a court) of the man's parentage
• Adoption of the child by the man
• A valid surrogacy contact

Parents' legal relationship

750 ILCS 46/202

Every child has equal rights under the law regardless of the parents' legal relationship. 

Presumption of parentage

750 ILCS 46/204

A person is presumed to be the parent of a child if:

• The person and mother have entered into a marriage, or civil union and the child is born during the marriage; or
• The person and mother were in a marriage or civil union and the child is born to the mother within 300 days of the marriage or civil union.

Proceedings to declare the non-existence of the parent-child relationship

750 ILCS 46/205

An action to declare the non-existence of the parent-child relationship may be brought by the child, the birth mother or presumed parent by the filing of a verified petition.

An action to declare the non-existence of the parent-child relationship is barred if not filed within 2 years of when the person filing the petition knew or should have known the facts.

Voluntary acknowledgment of parentage

750 ILCS 46/301-302

A parent-child relationship may be established by the signing and witnessing of a voluntary acknowledgment by the Vital Records Act. A voluntary acknowledgement must:

• Be in a record and signed under penalty of perjury by the mother and the person seeking to establish parentage;
• State that the child whose parentage is being established does not have another acknowledged or adjudicated parent; and
• State that the people signing the document understand the acknowledgement is the same as a court adjudication or parentage and challenges to it are limited and barred after 2 years.

Denial of parentage

750 ILCS 46/303-308

A presumed parent may sign a denial of parentage if:

• The presumed parent has not previously acknowledged parentage; or
• Has not been adjudicated as the parent by the court