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DuPage County Paternity Lawyer

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. 

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presumption of parentage, Illinois family law attorneysAs you are probably aware, a parent’s rights regarding his or her child are dependent upon the establishment of the parent-child relationship under the law. In the vast majority of situations, the process is fairly easy. A child born to a married couple is presumed to be the child of both spouses, while unmarried parents can voluntarily acknowledge their parentage by signing a simple form. Sometimes, however, a person presumed by law to be the child’s parent is not really the parent, and when this happens, the individual should be prepared to take action.

A Realistic Example

Assume that you and your wife are in the beginning stages of the divorce process. Your marriage has been effectively over for months, so you moved out and started gathering the information necessary to file for divorce. Each of you begins casually pursuing new romantic interests, which—although not the best idea—is fairly common in divorce situations. Before your divorce is finalized, your wife lets you know that she has gotten pregnant. Assuming that you are not the biological father, now what?

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