How Is Paternity Established in Illinois?

 Posted on July 10, 2023 in Kane

Understanding how and when paternity can be established is a crucial concern for both mothers and fathers in Illinois. Establishing paternity may be necessary before issues such as child custody, child support, inheritance rights, and medical care can be addressed. When paternity is established, a legal relationship will be created between the parent and child, ensuring that both of a child’s parents can play an important role in their lives.

Presumed Paternity

Paternity is established automatically in specific circumstances under Illinois law. If a couple is married when a child is born, both spouses will be presumed to be the child’s legal parents. If a couple’s marriage ended within 300 days before the child's birth, the ex-husband is presumed to be the legal father. If the requirements for presumption of paternity have not been met, the father will not be considered the child’s legal parent, even if both parents understand that he is the child’s biological father.

Voluntary Acknowledgment of Paternity

In Illinois, the most common way of establishing paternity is through the Voluntary Acknowledgment of Paternity (VAP). This is a document that both parents sign after the child's birth, acknowledging the identity of the child’s biological father. After this form is signed and submitted to the Illinois Department of Healthcare and Family Services, the father will be recognized as the child’s legal parent.

It is important for parents to be sure about the identity of the child’s father before signing a Voluntary Acknowledgment of Paternity. If a VAP is signed, and a parent later learns that they were mistaken about paternity, it may be possible to rescind the acknowledgment, although there are time limits for doing so. A Rescission of Voluntary Acknowledgment of Paternity may be filed within 60 days after the VAP form was initially signed. It may still be possible to challenge paternity after this time limit has passed, but the process of doing so will be more complicated and will generally require court involvement.

Administrative or Court Order

If there are doubts or disputes about a child's paternity, an administrative or court order may be necessary. The parents may work with the Illinois Department of Children and Family Services (DCFS) to determine paternity, and once the identity of the child’s father has been confirmed, an administrative order of paternity may be issued. In other cases, a paternity suit may be filed in court. A judge will typically order DNA testing, which will provide accurate results to determine whether the man in question is the child’s biological father. Once the biological relationship is confirmed, a court order will be issued to establish paternity. The court may then make decisions about how the parents will share custody of the child and the amount of child support each parent will be required to pay.

Contact Our Kane County Paternity Lawyers

Issues related to paternity and other aspects of family law can often be emotionally challenging to address, and they may also involve complex legal concerns. At Mirabella, Kincaid, Frederick & Mirabella, LLC, our St. Charles paternity attorneys can provide guidance on the best ways to address these issues. We work with families to find solutions that will provide for children’s best interests while protecting the parental rights of both mothers and fathers. Contact our firm today at 630-665-7300 to schedule a consultation.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=3638&ChapterID=59