Full Text of SB2827 95th General Assembly
SB2827sam001 95TH GENERAL ASSEMBLY
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Sen. Iris Y. Martinez
Filed: 3/10/2008
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LRB095 19282 DRJ 48019 a |
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| AMENDMENT TO SENATE BILL 2827
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| AMENDMENT NO. ______. Amend Senate Bill 2827 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Illinois Public Aid Code is amended by | 5 |
| changing Section 10-17.7 as follows:
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| (305 ILCS 5/10-17.7)
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| Sec. 10-17.7. Administrative determination of paternity. | 8 |
| The Illinois
Department may provide by rule for the | 9 |
| administrative determination of
paternity by the Child and | 10 |
| Spouse Support Unit in cases involving applicants
for or | 11 |
| recipients of financial aid under Article IV of this Act and | 12 |
| other
persons who are given access to the child support
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| enforcement services of this
Article as provided in Section | 14 |
| 10-1, including persons similarly situated and
receiving | 15 |
| similar services in other states. The rules shall extend to | 16 |
| cases in
which the mother and alleged father voluntarily |
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| acknowledge paternity in the
form required by the Illinois | 2 |
| Department or agree
to be bound by the results of genetic | 3 |
| testing or in which the alleged
father
has failed to respond to | 4 |
| a notification of support obligation issued under
Section 10-4 | 5 |
| and to cases of contested paternity. The Illinois
Department's | 6 |
| form for voluntary acknowledgement of paternity shall be the | 7 |
| same form prepared by the Illinois Department for use under the | 8 |
| requirements of Section 12 of the Vital Records Act. Any
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| presumption provided for under the Illinois Parentage Act of
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| 1984 shall apply to cases in which paternity is determined | 11 |
| under the rules of
the Illinois Department. The rules shall | 12 |
| provide for notice and an opportunity
to be heard by the | 13 |
| responsible relative and the person receiving child support | 14 |
| enforcement services under this Article if paternity is
not
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| voluntarily acknowledged, and any final administrative
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| decision rendered by the Illinois Department shall be reviewed | 17 |
| only under and
in accordance with the Administrative Review | 18 |
| Law. Determinations of paternity
made by the Illinois | 19 |
| Department under the rules authorized by this Section
shall
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| have the full force and effect of a court judgment of paternity | 21 |
| entered under
the Illinois Parentage Act of 1984.
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| In determining paternity in contested cases, the Illinois | 23 |
| Department shall
conduct the evidentiary hearing in accordance | 24 |
| with Section 11 of the Parentage
Act of 1984, except that | 25 |
| references in that Section to "the court" shall be
deemed to | 26 |
| mean the Illinois Department's hearing officer in cases in |
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| which
paternity is determined administratively by the Illinois | 2 |
| Department.
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| Notwithstanding any other provision of this Article, a
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| default determination
of
paternity may be made if service of | 5 |
| the notice under Section 10-4 was made by
publication under the | 6 |
| rules for administrative paternity determination
authorized by | 7 |
| this Section. The rules as they pertain to service by
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| publication shall (i) be based on the provisions of Section | 9 |
| 2-206 and 2-207 of
the Code of Civil Procedure, (ii) provide | 10 |
| for service by publication in cases
in which
the whereabouts of | 11 |
| the alleged father are unknown after diligent location
efforts | 12 |
| by the Child and Spouse Support Unit, and (iii) provide for | 13 |
| publication
of a notice of default paternity determination in | 14 |
| the same manner that the
notice under Section 10-4 was | 15 |
| published.
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| The Illinois Department
may implement this Section through | 17 |
| the use of emergency rules in accordance
with Section 5-45 of | 18 |
| the Illinois Administrative Procedure Act. For purposes
of the | 19 |
| Illinois Administrative Procedure Act, the adoption of rules to
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| implement this Section shall be considered an emergency and | 21 |
| necessary for
the public interest, safety, and welfare.
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| (Source: P.A. 92-590, eff. 7-1-02.)
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| Section 10. The Vital Records Act is amended by changing | 24 |
| Section 12 as follows:
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| (410 ILCS 535/12) (from Ch. 111 1/2, par. 73-12)
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| Sec. 12. Live births; place of registration.
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| (1) Each live birth which occurs in this State shall be | 4 |
| registered
with the local or subregistrar of the district in | 5 |
| which the birth occurred
as provided in this Section, within 7 | 6 |
| days after the birth. When a
birth occurs on a moving | 7 |
| conveyance, the city, village, township, or road
district in | 8 |
| which the child is first removed from the conveyance shall be
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| considered the place of birth and a birth certificate shall be | 10 |
| filed in the
registration district in which the place is | 11 |
| located.
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| (2) When a birth occurs in an institution, the person in | 13 |
| charge of the
institution or his designated representative | 14 |
| shall obtain and record all
the personal and statistical | 15 |
| particulars relative to the parents of the
child that are | 16 |
| required to properly complete the live birth certificate; shall
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| secure the required
personal signatures on the hospital | 18 |
| worksheet; shall prepare the certificate
from this worksheet; | 19 |
| and shall file the certificate with the local
registrar. The | 20 |
| institution shall retain the hospital worksheet permanently or
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| as
otherwise specified by rule. The
physician in attendance | 22 |
| shall verify or provide the date of birth and
medical | 23 |
| information required by the certificate, within 24 hours after | 24 |
| the
birth occurs.
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| (3) When a birth occurs outside an institution, the | 26 |
| certificate shall be
prepared and filed by one of the following |
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| in the indicated order of
priority:
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| (a) The physician in attendance at or immediately after | 3 |
| the birth, or in
the absence of such a person,
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| (b) Any other person in attendance at or immediately | 5 |
| after the birth, or
in the absence of such a person,
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| (c) The father, the mother, or in the absence of the | 7 |
| father and the
inability of the mother, the person in | 8 |
| charge of the premises where the
birth occurred.
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| (4) Unless otherwise provided in this Act, if the mother | 10 |
| was not married
to the father of the child at either the time | 11 |
| of conception or the time of
birth, the name of the father | 12 |
| shall be entered on the child's
birth certificate only if the | 13 |
| mother and the person to be named as the father
have signed an | 14 |
| acknowledgment of parentage in accordance with subsection (5).
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| Unless otherwise provided in this Act, if the mother was | 16 |
| married at the time
of conception or birth and the presumed | 17 |
| father (that is, the mother's husband)
is not the biological | 18 |
| father of the child, the name of the
biological father shall be | 19 |
| entered on the child's birth certificate only if, in
accordance | 20 |
| with subsection (5), (i)
the mother and the person to be named | 21 |
| as the father have signed an
acknowledgment of parentage and | 22 |
| (ii) the mother and presumed father have signed
a denial of | 23 |
| paternity.
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| (5) Upon the birth of a child to an unmarried woman, or | 25 |
| upon the birth of
a child to a woman who was married at the time | 26 |
| of conception or birth and whose
husband is not the biological |
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| father of the child, the institution at the time
of birth and | 2 |
| the local registrar or county clerk after the birth shall do | 3 |
| the
following:
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| (a) Provide (i) an opportunity for the child's mother | 5 |
| and father to sign
an acknowledgment of parentage and (ii) | 6 |
| if the presumed father is not the
biological father, an | 7 |
| opportunity for the mother and presumed father to sign a
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| denial of paternity. The signing and witnessing of the | 9 |
| acknowledgment of
parentage or, if the presumed father of | 10 |
| the child is not the biological father,
the acknowledgment | 11 |
| of parentage and denial of paternity conclusively
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| establishes a parent and child relationship in accordance | 13 |
| with Sections 5 and 6
of the Illinois Parentage Act of | 14 |
| 1984.
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| The Department of Healthcare and Family Services shall | 16 |
| furnish
the acknowledgment of parentage and denial of | 17 |
| paternity form to institutions,
county clerks, and State | 18 |
| and local registrars' offices. The form shall
include
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| instructions to send the
original signed and witnessed | 20 |
| acknowledgment of parentage and denial of
paternity to the | 21 |
| Department of Healthcare and Family Services. The | 22 |
| acknowledgement of paternity and denial of paternity form | 23 |
| shall also include a statement informing the mother, the | 24 |
| alleged father, and the presumed father, if any, that they | 25 |
| have the right to request deoxyribonucleic acid (DNA) tests | 26 |
| regarding the issue of the child's paternity and that by |
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| signing the form, they expressly waive such tests.
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| (b) Provide the following documents, furnished by the | 3 |
| Department
of Healthcare and Family Services, to the | 4 |
| child's mother, biological father, and (if the person
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| presumed to be the child's father is not the biological | 6 |
| father) presumed father
for their review at
the time the | 7 |
| opportunity is provided to establish a parent and child
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| relationship:
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| (i) An explanation of the implications of, | 10 |
| alternatives to, legal
consequences of, and the rights | 11 |
| and responsibilities
that arise from signing an
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| acknowledgment of parentage and, if necessary, a | 13 |
| denial of
paternity, including an explanation of the | 14 |
| parental rights and
responsibilities of child support, | 15 |
| visitation, custody, retroactive support,
health | 16 |
| insurance coverage, and payment of birth expenses.
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| (ii) An explanation of the benefits of having a | 18 |
| child's parentage
established and the availability of | 19 |
| parentage establishment and child
support
enforcement | 20 |
| services.
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| (iii) A request for an application for child | 22 |
| support enforcement
services from
the
Department of | 23 |
| Healthcare and Family Services.
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| (iv) Instructions concerning the opportunity to | 25 |
| speak, either by
telephone or in person, with staff of
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| the Department of Healthcare and Family Services who |
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| are trained to clarify information
and answer | 2 |
| questions about paternity establishment.
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| (v) Instructions for completing and signing the | 4 |
| acknowledgment of
parentage and denial of paternity.
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| (c) Provide an oral explanation of the documents and | 6 |
| instructions set
forth in subdivision (5)(b), including an | 7 |
| explanation of the implications of,
alternatives to, legal | 8 |
| consequences of, and the rights and responsibilities
that | 9 |
| arise from signing an acknowledgment of parentage and, if | 10 |
| necessary, a
denial of paternity. The oral explanation may | 11 |
| be given in person or through
the use of video or audio | 12 |
| equipment.
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| (6) The institution, State or local registrar, or county | 14 |
| clerk shall provide
an
opportunity for the child's father or | 15 |
| mother to sign a rescission of parentage.
The signing and | 16 |
| witnessing of the rescission of parentage voids the
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| acknowledgment of parentage and nullifies the presumption of | 18 |
| paternity if
executed and filed with the Department of | 19 |
| Healthcare and Family Services (formerly Illinois Department | 20 |
| of Public Aid) within the
time frame contained in Section 5
of | 21 |
| the Illinois Parentage Act of 1984.
The Department of | 22 |
| Healthcare and Family Services shall furnish the rescission of | 23 |
| parentage
form to institutions, county clerks, and State and | 24 |
| local registrars' offices.
The form shall include instructions | 25 |
| to send the original signed and witnessed
rescission of | 26 |
| parentage to the Department of Healthcare and Family Services.
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| (7) An acknowledgment of paternity signed pursuant to | 2 |
| Section 6 of the
Illinois Parentage Act of 1984 may be | 3 |
| challenged in court only on the basis of
fraud, duress, or | 4 |
| material mistake of fact, with the burden of proof upon the
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| challenging party. Pending outcome of a challenge to the | 6 |
| acknowledgment of
paternity, the legal responsibilities of the | 7 |
| signatories shall remain in full
force and effect, except upon | 8 |
| order of the court upon a showing of good cause.
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| (8) When the process for acknowledgment of parentage as | 10 |
| provided for under
subsection (5) establishes the paternity of | 11 |
| a child whose certificate of birth
is on file in
another state, | 12 |
| the Department of Healthcare and Family Services shall forward | 13 |
| a copy of
the
acknowledgment of parentage, the denial of | 14 |
| paternity, if applicable, and the
rescission of parentage, if | 15 |
| applicable, to the birth record agency of the state
where the | 16 |
| child's certificate of birth is on file.
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| (9) In the event the parent-child relationship has been | 18 |
| established in
accordance with subdivision (a)(1) of Section 6 | 19 |
| of the Parentage Act of 1984,
the names of the biological | 20 |
| mother and biological father so established shall
be entered on | 21 |
| the child's birth certificate, and the names of the surrogate
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| mother and surrogate mother's husband, if any, shall not be on | 23 |
| the birth
certificate.
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| (Source: P.A. 95-331, eff. 8-21-07.)
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| Section 15. The Illinois Parentage Act of 1984 is amended |
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| by changing Section 11 as follows:
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| (750 ILCS 45/11) (from Ch. 40, par. 2511)
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| Sec. 11. Tests to determine inherited characteristics.
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| (a) In any action brought under Section 7 to determine the | 5 |
| existence of the father and child relationship or to declare | 6 |
| the non-existence of the parent and child relationship, the | 7 |
| court or Administrative Hearing Officer in an Expedited Child | 8 |
| Support System shall, prior to the entry of a judgment in the | 9 |
| case, advise the respondent who appears of the right to request | 10 |
| an order that the parties and the child submit to | 11 |
| deoxyribonucleic acid (DNA) tests to determine inherited | 12 |
| characteristics. The advisement shall be noted in the record. | 13 |
| As soon as practicable, the court or Administrative Hearing | 14 |
| Officer
in an Expedited Child Support System may, and upon | 15 |
| request of a party
shall, order or direct the mother, child and | 16 |
| alleged father to
submit to deoxyribonucleic acid (DNA) tests | 17 |
| to determine
inherited characteristics.
If any party refuses to | 18 |
| submit to the tests, the court may
resolve the
question of | 19 |
| paternity against that party or enforce its order if the rights
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| of others and the interests of justice so require.
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| (b) The tests shall be conducted by an expert qualified as | 22 |
| an examiner of
blood or tissue types and appointed by
the | 23 |
| court.
The expert shall determine the testing procedures. | 24 |
| However, any
interested party, for good cause shown, in advance | 25 |
| of the scheduled tests,
may request a hearing to object to the
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| qualifications of the expert or the testing procedures. The
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| expert appointed by the court shall testify at the
pre-test | 3 |
| hearing at the expense of the party requesting the hearing, | 4 |
| except
as provided in subsection (h) of this Section for an | 5 |
| indigent party. An
expert not appointed by the court shall | 6 |
| testify at the pre-test hearing at
the expense of the party | 7 |
| retaining the expert. Inquiry into an
expert's qualifications | 8 |
| at the pre-test hearing shall not affect either
parties' right | 9 |
| to have the expert qualified at trial.
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| (c) The expert shall prepare a written report of the test
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| results. If the test results show that the alleged father is | 12 |
| not excluded,
the report shall contain a combined paternity | 13 |
| index relating to the probability
of paternity. The expert may | 14 |
| be called by the court as a witness to
testify to his or her | 15 |
| findings and, if called, shall be subject to
cross-examination | 16 |
| by the parties. If the test results show that the alleged
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| father is not excluded,
any party may demand that other | 18 |
| experts,
qualified as examiners of blood or tissue types, | 19 |
| perform independent tests
under order of court, including, but | 20 |
| not limited to, blood types or other
tests of genetic markers | 21 |
| such as those found by Human Leucocyte Antigen (HLA)
tests. The | 22 |
| results of the tests may be offered into evidence. The
number | 23 |
| and qualifications of the experts shall be determined by the | 24 |
| court.
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| (d) Documentation of the chain of custody of the blood or
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| tissue samples, accompanied by an affidavit or certification in |
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| accordance
with Section 1-109 of the Code of Civil Procedure, | 2 |
| is competent evidence to
establish the chain of custody.
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| (e) The report of the test results prepared by the | 4 |
| appointed expert shall be
made by affidavit or
by
certification | 5 |
| as provided in Section 1-109 of the Code of Civil Procedure
and | 6 |
| shall be mailed to all parties. A proof of service shall be
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| filed with the court. The verified
report shall be admitted | 8 |
| into evidence at trial without foundation testimony
or other | 9 |
| proof of authenticity or accuracy, unless a written motion
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| challenging the admissibility of the report is filed by either | 11 |
| party
within 28 days of receipt of the report, in
which case | 12 |
| expert testimony shall be required.
A party may
not file such a | 13 |
| motion challenging the admissibility of the report later than
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| 28 days before commencement of trial. Before trial, the court
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| shall determine whether the motion is sufficient to deny | 16 |
| admission of the
report by verification. Failure to make
that | 17 |
| timely motion constitutes a waiver of the right to object to
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| admission by verification and shall not be
grounds for a | 19 |
| continuance of the hearing to determine paternity.
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| (f) Tests taken pursuant to this Section shall have the | 21 |
| following effect:
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| (1) If the court finds that the conclusion of the | 23 |
| expert or
experts, as
disclosed by the evidence based upon | 24 |
| the tests, is that the alleged father
is not the parent of | 25 |
| the child, the question of paternity shall be resolved
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| accordingly.
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| (2) If the experts disagree in their findings or | 2 |
| conclusions, the
question shall be weighed with other | 3 |
| competent evidence of paternity.
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| (3) If the tests show that the alleged father is
not | 5 |
| excluded and that the combined paternity index is less than | 6 |
| 500 to 1,
this evidence shall be admitted by the court and | 7 |
| shall be weighed with
other competent evidence of | 8 |
| paternity.
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| (4) If the tests show that the alleged father is not
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| excluded and that the combined paternity index is at least | 11 |
| 500 to 1, the
alleged
father is presumed to be the father, | 12 |
| and this evidence shall be admitted.
This presumption may | 13 |
| be rebutted by clear and convincing evidence.
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| (g) Any presumption of parentage as set forth in Section 5 | 15 |
| of this Act
is rebutted if the court finds that the conclusion | 16 |
| of the expert or experts
excludes
paternity of the presumed | 17 |
| father.
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| (h) The expense of the tests shall be paid by the party
who | 19 |
| requests the tests. Where the tests are requested by the party
| 20 |
| seeking to establish paternity and that party is found to be | 21 |
| indigent by
the court, the expense shall be paid by the public | 22 |
| agency providing
representation; except that where a public | 23 |
| agency is not providing
representation, the expense shall be | 24 |
| paid by the county in which the action
is brought. Where the | 25 |
| tests are ordered by the court on its own motion or
are | 26 |
| requested by the alleged or presumed father and that father is |
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| found to
be indigent by the court, the expense shall be paid by | 2 |
| the county in which
the action is brought. Any part of the | 3 |
| expense may be taxed as costs in the
action, except that no | 4 |
| costs may be taxed against a public agency that has
not | 5 |
| requested the tests.
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| (i) The compensation of each expert witness appointed by | 7 |
| the court shall
be paid as provided in subsection (h) of this | 8 |
| Section. Any part of
the payment may be taxed as costs in the | 9 |
| action, except that
no costs may be taxed against a public | 10 |
| agency that has not requested the
services of the expert | 11 |
| witness.
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| (j) Nothing in this Section shall prevent any party from | 13 |
| obtaining tests
of his or her own blood or tissue independent | 14 |
| of those ordered by the court
or from
presenting expert | 15 |
| testimony interpreting those tests or any other blood
tests | 16 |
| ordered pursuant to this Section. Reports of all the
| 17 |
| independent tests, accompanied by affidavit or certification | 18 |
| pursuant to
Section 1-109 of the Code of Civil Procedure, and | 19 |
| notice of any expert
witnesses to be called to testify to the | 20 |
| results of those tests shall be
submitted to all parties at | 21 |
| least 30 days before any hearing set to
determine the issue of | 22 |
| parentage.
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| (Source: P.A. 87-428; 87-435; 88-353; 88-687, eff. 1-24-95.)
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| Section 99. Effective date. This Act takes effect upon | 25 |
| becoming law.".
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