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Date: 09/06/2025

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Starting a case to disprove paternity How-To
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When a VAP has not been signed

If a person has not signed a Voluntary Acknowledgment of Parentage (VAP) , they can disprove paternity. They can do so by filing a Petition to Establish the Non-Existence of a Parent-Child Relationship  in court. 

When a VAP has already been signed

A parent who signed a Voluntary Acknowledgment of Paternity (VAP) may want to undo it. They have to sign a Rescission of Voluntary Acknowledgment of Paternity or Rescission of Denial of Parentage form. This form must be signed, witnessed, and sent to the Department of Health and Family Services (HFS). HFS must get the form within 60 days from the effective date of either:

  • the VAP and/or the Denial of Parentage (Denial), or
  • the date of a proceeding relating to the child, whichever occurs first. 

After the time for a Rescission has expired, it is very hard to undo a VAP. The person must go to court and prove fraud, duress, or mistake of fact. Talk to a lawyer if you want to disprove paternity more than 60 days after you sign a VAP.

Last full review by a subject matter expert
April 05, 2023
Last revised by staff
May 02, 2023

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Denial of parentage
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Forms

Fee waiver Easy Form
This Easy Form helps you ask the court to waive or reduce filing fees.
E-filing exemption - Circuit Court Easy Form
This Easy Form helps you tell the court why you are not able to e-file forms into your circuit court case. It makes a Certification for Exemption from E-filing.
Proof of delivery Easy Form
A program to help you prove that you sent a copy of a court document to the other parties in a court case. It's called a Proof of Delivery or Proof of Service.

Learn more

Denial of parentage
Fee waiver
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© 2025 Illinois Legal Aid Online. 
All rights reserved.
 
ILAO is a registered 501(c)(3) nonprofit organization. ILAO's tax identification number is 20-2917133.