How to Establish Paternity in Illinois

 Posted on June 29, 2019 in Kane

When a woman gives birth to a child, there is obviously no question as to the biological relationship between the baby and the mother. However, this is not always the case with the father of the baby. When a woman is married, her husband is assumed to be the biological father of a child she gives birth to. In such a case, the father does not need to do anything to establish the legal rights and responsibilities that come with being a parent. However, the same is not true for unmarried fathers. You will need to first establish paternity.

Voluntary Acknowledgement of Paternity 

If a couple who is not married has a child together, they have several options for establishing paternity. The easiest way to establish paternity is by signing a voluntary acknowledgement of paternity (VAP) document. These forms are often available at the hospital and can be signed by both parents shortly after their baby is born. VAP forms are also available at your local county clerk, the Department of Health and Family Services, and at Child Support Services. A VAP form should only be used when the parents are certain as to the paternity of the child. If you are not certain as to the biological relationship between your child and his or her possible father, you should not sign a VAP form.

When the Father is Unknown or Does Not Admit His Paternity

You will need to get a court order or administrative order through the Department of Health and Family Services (DFHS) if you cannot sign a VAP. The court and, in some cases, the DHFS have the ability to compel the potential father to submit to DNA testing in order to determine if he is the father of the child. If the DNA test results show that the potential father is indeed the biological father of the child, he becomes the child’s legal father and will likely be required to pay child support. If he chooses to, he will also be able to pursue parental responsibilities and parenting time with the child.

Establishing paternity comes with many benefits. After the father of your child is legally established as the father, you will be able to pursue child support. Establishing paternity also allows the child to have access to certain benefits like the father’s health insurance plan and inheritance rights. Most importantly, establishing paternity allows the father to spend time with the child and form a loving relationship with him or her.

Contact a Kane County Paternity Lawyer

If you need help establishing paternity or have other family law-related concerns, contact our St. Charles family law attorneys at MKFM Law. Call 630-665-7300 today.

Sources:

http://dph.illinois.gov/topics-services/birth-death-other-records/birth-records/paternity

http://www.ilga.gov/legislation/ilcs/documents/075000050K505.htm