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90_SB1259sam001
SRS90SB1259JJcham05
1 AMENDMENT TO SENATE BILL 1259
2 AMENDMENT NO. . Amend Senate Bill 1259, on page 1,
3 by replacing lines 1 and 2, with the following:
4 "AN ACT concerning parentage."; and
5 by replacing everything after the enacting clause with
6 the following:
7 "Section 5. The Illinois Parentage Act of 1984 is
8 amended by changing Sections 5, 7, and 8 as follows:
9 (750 ILCS 45/5) (from Ch. 40, par. 2505)
10 Sec. 5. Presumption of Paternity.
11 (a) A man is presumed to be the natural father of a
12 child if:
13 (1) he and the child's natural mother are or have
14 been married to each other, even though the marriage is
15 or could be declared invalid, and the child is born or
16 conceived during such marriage;
17 (2) after the child's birth, he and the child's
18 natural mother have married each other, even though the
19 marriage is or could be declared invalid, and he is
20 named, with his written consent, as the child's father on
21 the child's birth certificate;
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1 (3) he and the child's natural mother have signed
2 an acknowledgment of paternity in accordance with rules
3 adopted by the Illinois Department of Public Aid under
4 Section 10-17.7 of the Illinois Public Aid Code; or
5 (4) he and the child's natural mother have signed
6 an acknowledgment of parentage or, if the natural father
7 is someone other than one presumed to be the father under
8 this Section, an acknowledgment of parentage and denial
9 of paternity in accordance with Section 12 of the Vital
10 Records Act.
11 (b) A presumption under subdivision (a)(1) or (a)(2) of
12 this Section may be rebutted only by clear and convincing
13 evidence. A presumption under subdivision (a)(1) or (a)(2) is
14 rebutted if it is shown by a deoxyribonucleic acid (DNA) test
15 that there is a reasonable probability that the man is not
16 the parent of the child. A presumption under subdivision
17 (a)(3) or (a)(4) is conclusive, unless the acknowledgment of
18 parentage is rescinded under the process provided in Section
19 12 of the Vital Records Act, upon the earlier of:
20 (1) 60 days after the date the acknowledgment of
21 parentage is signed, or
22 (2) the date of an administrative or judicial
23 proceeding relating to the child (including a proceeding
24 to establish a support order) in which the signatory is a
25 party;
26 except that if a minor has signed the acknowledgment of
27 paternity or acknowledgment of parentage and denial of
28 paternity, the presumption becomes conclusive 6 months after
29 the minor reaches majority or is otherwise emancipated.
30 (Source: P.A. 89-641, eff. 8-9-96; 90-18, eff. 7-1-97.)
31 (750 ILCS 45/7) (from Ch. 40, par. 2507)
32 Sec. 7. Determination of Father and Child Relationship;
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1 Who May Bring Action; Parties.
2 (a) An action to determine the existence of the father
3 and child relationship, whether or not such a relationship is
4 already presumed under Section 5 of this Act, may be brought
5 by the child; the mother; a pregnant woman; any person or
6 public agency who has custody of, or is providing or has
7 provided financial support to, the child; the Illinois
8 Department of Public Aid if it is providing or has provided
9 financial support to the child or if it is assisting with
10 child support collection services; or a man presumed or
11 alleging himself to be the father of the child or expected
12 child. The complaint shall be verified and shall name the
13 person or persons alleged to be the father of the child.
14 (b) An action to declare the non-existence of the parent
15 and child relationship may be brought by the child, the
16 natural mother, or a man presumed to be the father under
17 subdivision (a)(1) or (a)(2) of Section 5 of this Act.
18 Actions brought by the child, the natural mother or a
19 presumed father shall be brought by verified complaint.
20 After the presumption that a man presumed to be the
21 father under subdivision (a)(1) or (a)(2) of Section 5 has
22 been rebutted, paternity of the child by another man may be
23 determined in the same action, if he has been made a party.
24 (b-5) An action to declare the non-existence of the
25 parent and child relationship may be brought subsequent to an
26 adjudication of paternity in any judgment by the man
27 adjudicated to be the father pursuant to the presumptions in
28 Section 5 of this Act if, as a result of deoxyribonucleic
29 acid (DNA) tests, it is discovered that the man adjudicated
30 to be the father is not the natural father of the child.
31 Actions brought by the adjudicated father shall be brought by
32 verified complaint. If, as a result of the deoxyribonucleic
33 acid (DNA) tests, the plaintiff is determined not to be the
34 father of the child, the adjudication of paternity and any
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1 orders regarding custody, visitation, and future payments of
2 support may be vacated.
3 (c) If any party is a minor, he or she may be
4 represented by his or her general guardian or a guardian ad
5 litem appointed by the court, which may include an
6 appropriate agency. The court may align the parties.
7 (d) Regardless of its terms, an agreement, other than a
8 settlement approved by the court, between an alleged or
9 presumed father and the mother or child, does not bar an
10 action under this Section.
11 (e) If an action under this Section is brought before
12 the birth of the child, all proceedings shall be stayed until
13 after the birth, except for service or process, the taking of
14 depositions to perpetuate testimony, and the ordering of
15 blood tests under appropriate circumstances.
16 (Source: P.A. 89-674, eff. 8-14-96; 90-18, eff. 7-1-97.)
17 (750 ILCS 45/8) (from Ch. 40, par. 2508)
18 Sec. 8. Statute of limitations.
19 (a) (1) An action brought by or on behalf of a child, an
20 action brought by a party alleging that he or she is the
21 child's natural parent, or an action brought by the
22 Illinois Department of Public Aid, if it is providing or
23 has provided financial support to the child or if it is
24 assisting with child support collection services, shall
25 be barred if brought later than 2 years after the child
26 reaches the age of majority; however, if the action on
27 behalf of the child is brought by a public agency, other
28 than the Illinois Department of Public Aid if it is
29 providing or has provided financial support to the child
30 or if it is assisting with child support collection
31 services, it shall be barred 2 years after the agency has
32 ceased to provide assistance to the child.
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1 (2) Failure to bring an action within 2 years shall
2 not bar any party from asserting a defense in any action
3 to declare the non-existence of the parent and child
4 relationship.
5 (3) An action to declare the non-existence of the
6 parent and child relationship brought under Section 7(b)
7 of this Act shall be barred if brought later than 2 years
8 after the petitioner obtains knowledge of relevant facts.
9 The 2-year period for bringing an action to declare the
10 nonexistence of the parent and child relationship shall
11 not extend beyond the date on which the child reaches the
12 age of 18 years. Failure to bring an action within 2
13 years shall not bar any party from asserting a defense in
14 any action to declare the existence of the parent and
15 child relationship.
16 (4) An action to declare the non-existence of the
17 parent and child relationship brought under Section
18 7(b-5) of this Act shall be barred if brought more than 3
19 months after the effective date of this amendatory Act of
20 1998 or more than 2 years after the petitioner obtains
21 actual knowledge of relevant facts, whichever is later.
22 The 2 year period shall not apply to periods of time
23 where the natural mother or the child refuses to submit
24 to deoxyribonucleic acid (DNA) tests. The 2-year period
25 for bringing an action to declare the nonexistence of the
26 parent and child relationship shall not extend beyond the
27 date on which the child reaches the age of 18 years.
28 Failure to bring an action within 2 years shall not bar
29 any party from asserting a defense in any action to
30 declare the existence of the parent and child
31 relationship.
32 (b) The time during which any party is not subject to
33 service of process or is otherwise not subject to the
34 jurisdiction of the courts of this State shall toll the
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1 aforementioned periods.
2 (c) This Act does not affect the time within which any
3 rights under the Probate Act of 1975 may be asserted beyond
4 the time provided by law relating to distribution and closing
5 of decedent's estates or to the determination of heirship, or
6 otherwise.
7 (Source: P.A. 89-674, eff. 8-14-96; 90-18, eff. 7-1-97.)
8 Section 99. Effective date. This Act takes effect upon
9 becoming law.".