Illinois Parentage Act of 2015 Lawyer Manual

Statute

750 ILCS 46/101, 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, but no later than the child reaching the age of 18.

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