Presumed Parentage and Establishing Paternity in Illinois

 Posted on January 15, 2019 in Paternity

Getting pregnant and having a child does not always go as planned. Families come in many different forms, especially those created outside of marriage. Being married and having children do not always go hand in hand, but it often makes paternity much easier to establish. Here we will discuss Illinois parentage laws and proving paternity.

Presumed Parentage

Like many other states, Illinois has a presumed parentage law. The term presumed parent means an individual who is recognized as the parent of a child until that status is rebutted or confirmed in a judicial or administrative proceeding. The presumed parentage law makes it much easier for married couples to legally name a child as their own. This law was recently updated to apply to both opposite-sex and same-sex couples. 

Though the presumed parentage law makes things easier on married couples, it can complicate parentage outside of marriage because life is sometimes more complicated than simply saying, “I do.” Just because an individual is married does not necessarily mean their husband is the father of their child. Infidelity sometimes plays a role in pregnancy. This law can help make things easier on married couples, but it can also make it easier for a mother to avoid having a paternity test.

Proving Paternity

Paternity is not assumed for couples who are not married, even for those who live together and plan to get married in the near future. The father’s name cannot be added to the birth certificate until paternity has been legally proven. For those trying to establish paternity, DNA samples are taken from the alleged father, the child’s mother, and the child.

There are three different legal methods in which paternity can be proven:

• A Voluntary Acknowledgement of Paternity (VAP) form is completed by both parents and witnessed and filed with the Department of Healthcare and Family Services.
• An Administrative Paternity Order is established and entered by HFS' Child Support Services.
• An Order of Paternity is established and entered in court.

Contact a Lombard, IL Parentage Lawyer for Help

Proving paternity can be an emotionally driven legal process because some men want to be fathers while others do not. Though this process can seem unnecessary, it is important for your child to know their medical history and be eligible for all forms of Social Security benefits and inheritance. If you are a man or woman trying to establish your child’s paternity, contact a DuPage County parentage attorney at 630-426-0196 for a consultation.

Sources:

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

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

https://dnacenter.com/about-ddc/faq/#q9