How Can I Disprove the Alleged Paternity of a Child in Illinois?

 Posted on March 31, 2021 in Paternity

In today’s world, it is becoming increasingly common for parents to have children while they are unmarried. However, this can lead to issues when it comes to establishing the paternity of that child. Establishing paternity is an important step in securing the same parental rights and responsibilities for the father of a child that are not automatically granted when parents are unmarried. Most of the time, paternity cases are aimed toward proving the paternity of a child, though in some cases, disproving the paternity of a child can be just as important. The easiest way to deny the paternity of a child is to sign the Denial of Parentage form at the hospital when the child is born; however, this does not always mean you are off the hook for parental responsibilities.

Fighting the Presumption of Paternity if You Are Married

In the state of Illinois, a man is presumed to be the father of a child if he was married or in a civil union with the mother at the time the child was born or during the 300 days prior to the child’s birth. This is true even if the child is not the man’s biological child, which is where issues can arise. If the presumed father is not the child’s biological father, he can sign a Denial of Parentage form, stating that he is not the father. However, he will still be considered the child’s legal parent and held responsible for child support unless the biological father signs a Voluntary Acknowledgement of Paternity (VAP) form confirming that he is the child’s biological father. 

Requesting Genetic Testing

When parents are unmarried when a child is born, establishing paternity can be done at the hospital by having both the mother and father sign a VAP form. However, if there is any doubt as to the child’s biological father, the VAP should not be signed and genetic testing should be done. If you are unsure if your child is actually your biological child, it is often in your best interest to request a DNA test to get answers. Genetic testing looks at DNA from the mother, alleged father, and child and compares it to determine if the alleged father could be the child’s biological father. DNA testing is highly accurate and can even be admitted as evidence in a court of law.

Our Lombard, IL Paternity Lawyer Is Here to Help

In Illinois, an unmarried father has no rights when a child is born unless he establishes the paternity of that child. While this can be beneficial in most situations, it also means that a man who is not the father of a child is legally responsible for the child if paternity is established. At the offices of A. Traub & Associates, we understand how complicated paternity cases can become, especially when the paternity of a child is contested. Our knowledgeable DuPage County paternity attorneys are here to help you protect your rights, even if that means disproving the paternity of a child. To begin discussing your case, call our office today at 630-426-0196 to schedule an initial consultation.

Sources:

https://www.illinois.gov/hfs/ChildSupport/FormsBrochures/Pages/hfs3282.aspx

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