State of Illinois
91st General Assembly
Legislation

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91_HB1370

 
                                               LRB9103536SMdv

 1        AN ACT regarding surrogate parents.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:


 4        Section  5.  The Vital Records Act is amended by changing
 5    Section 12 as follows:

 6        (410 ILCS 535/12) (from Ch. 111 1/2, par. 73-12)
 7        Sec. 12.  Live births; place of registration.
 8        (1)  Each live birth which occurs in this State shall  be
 9    registered  with the local or subregistrar of the district in
10    which the birth occurred as provided in this Section,  within
11    7  days  after  the  birth.  When  a birth occurs on a moving
12    conveyance, the city, village, township, or road district  in
13    which the child is first removed from the conveyance shall be
14    considered  the  place of birth and a birth certificate shall
15    be filed in the registration district in which the  place  is
16    located.
17        (2)  When a birth occurs in an institution, the person in
18    charge  of  the  institution or his designated representative
19    shall obtain and record  all  the  personal  and  statistical
20    particulars  relative  to  the  parents of the child that are
21    required to properly complete  the  live  birth  certificate;
22    shall secure the required personal signatures on the hospital
23    worksheet; shall prepare the certificate from this worksheet;
24    and  shall file the certificate with the local registrar. The
25    institution shall retain the hospital  worksheet  permanently
26    or   as  otherwise  specified  by  rule.   The  physician  in
27    attendance shall verify or provide  the  date  of  birth  and
28    medical  information  required  by the certificate, within 24
29    hours after the birth occurs.
30        (3)  When a birth  occurs  outside  an  institution,  the
 
                            -2-                LRB9103536SMdv
 1    certificate  shall  be  prepared  and  filed  by  one  of the
 2    following in the indicated order of priority:
 3             (a)  The physician in attendance at  or  immediately
 4        after the birth, or in the absence of such a person,
 5             (b)  Any   other   person   in   attendance   at  or
 6        immediately after the birth, or in the absence of such  a
 7        person,
 8             (c)  The  father,  the  mother, or in the absence of
 9        the father and the inability of the mother, the person in
10        charge of the premises where the birth occurred.
11        (4)  Unless otherwise provided in this Act, if the mother
12    was not married to the father of the child at either the time
13    of conception or the time of birth, the name  of  the  father
14    shall be entered on the child's birth certificate only if the
15    mother  and  the person to be named as the father have signed
16    an acknowledgment of parentage in accordance with  subsection
17    (5).
18        Unless  otherwise provided in this Act, if the mother was
19    married at the time of conception or birth and  the  presumed
20    father  (that is, the mother's husband) is not the biological
21    father of the child, the name of the biological father  shall
22    be  entered  on  the  child's  birth  certificate only if, in
23    accordance with subsection (5), (i) the mother and the person
24    to be named as the father have signed  an  acknowledgment  of
25    parentage and (ii) the mother and presumed father have signed
26    a denial of paternity.
27        (5)  Upon  the birth of a child to an unmarried woman, or
28    upon the birth of a child to a woman who was married  at  the
29    time  of  conception  or  birth  and whose husband is not the
30    biological father of the child, the institution at  the  time
31    of  birth  and  the local registrar or county clerk after the
32    birth shall do the following:
33             (a)  Provide (i)  an  opportunity  for  the  child's
34        mother  and father to sign an acknowledgment of parentage
 
                            -3-                LRB9103536SMdv
 1        and (ii) if the presumed father  is  not  the  biological
 2        father, an opportunity for the mother and presumed father
 3        to   sign   a  denial  of  paternity.   The  signing  and
 4        witnessing of the acknowledgment of parentage or, if  the
 5        presumed  father  of  the  child  is  not  the biological
 6        father, the acknowledgment of  parentage  and  denial  of
 7        paternity  conclusively  establishes  a  parent and child
 8        relationship in accordance with Sections 5 and 6  of  the
 9        Illinois Parentage Act of 1984.
10             The  Illinois Department of Public Aid shall furnish
11        the acknowledgment of parentage and denial  of  paternity
12        form  to institutions, county clerks, and State and local
13        registrars' offices.  The form shall include instructions
14        to send the original signed and witnessed  acknowledgment
15        of  parentage  and  denial  of  paternity to the Illinois
16        Department of Public Aid.
17             (b)  Provide the following documents,  furnished  by
18        the  Illinois  Department  of  Public Aid, to the child's
19        mother, biological father, and (if the person presumed to
20        be the child's  father  is  not  the  biological  father)
21        presumed   father  for  their  review  at  the  time  the
22        opportunity is provided to establish a parent  and  child
23        relationship:
24                  (i)  An  explanation  of  the  implications of,
25             alternatives to,  legal  consequences  of,  and  the
26             rights  and responsibilities that arise from signing
27             an acknowledgment of parentage and, if necessary,  a
28             denial of paternity, including an explanation of the
29             parental   rights   and  responsibilities  of  child
30             support, visitation, custody,  retroactive  support,
31             health  insurance  coverage,  and  payment  of birth
32             expenses.
33                  (ii)  An explanation of the benefits of  having
34             a child's parentage established and the availability
 
                            -4-                LRB9103536SMdv
 1             of  parentage  establishment and support enforcement
 2             services.
 3                  (iii)  A request for an application  for  child
 4             support  services  from  the  Illinois Department of
 5             Public Aid.
 6                  (iv)  Instructions concerning  the  opportunity
 7             to  speak,  either  by  telephone or in person, with
 8             staff of the Illinois Department of Public  Aid  who
 9             are   trained  to  clarify  information  and  answer
10             questions about paternity establishment.
11                  (v)  Instructions for  completing  and  signing
12             the   acknowledgment  of  parentage  and  denial  of
13             paternity.
14             (c)  Provide an oral explanation  of  the  documents
15        and   instructions   set  forth  in  subdivision  (5)(b),
16        including  an  explanation  of   the   implications   of,
17        alternatives  to,  legal  consequences of, and the rights
18        and  responsibilities  that   arise   from   signing   an
19        acknowledgment  of  parentage and, if necessary, a denial
20        of paternity.  The  oral  explanation  may  be  given  in
21        person or through the use of video or audio equipment.
22        (6)  The institution, State or local registrar, or county
23    clerk  shall provide an opportunity for the child's father or
24    mother to sign a rescission of  parentage.  The  signing  and
25    witnessing   of   the   rescission  of  parentage  voids  the
26    acknowledgment of parentage and nullifies the presumption  of
27    paternity  if executed and filed with the Illinois Department
28    of Public Aid within the time frame contained in Section 5 of
29    the Illinois Parentage Act of 1984. The  Illinois  Department
30    of  Public Aid shall furnish the rescission of parentage form
31    to  institutions,  county  clerks,  and   State   and   local
32    registrars'  offices.  The form shall include instructions to
33    send  the  original  signed  and  witnessed   rescission   of
34    parentage to the Illinois Department of Public Aid.
 
                            -5-                LRB9103536SMdv
 1        (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
 5    challenging  party.   Pending  outcome  of a challenge to the
 6    acknowledgment of paternity, the  legal  responsibilities  of
 7    the signatories shall remain in full force and effect, except
 8    upon order of the court upon a showing of good cause.
 9        (8)  When  the process for acknowledgment of parentage as
10    provided for under subsection (5) establishes  the  paternity
11    of  a  child whose certificate of birth is on file in another
12    state, the Illinois Department of Public Aid shall forward  a
13    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.
17        (9)  In the event the parent-child relationship has  been
18    established  in accordance with subdivision (a)(1) of Section
19    6 of the Parentage Act of 1984, the names of  the  biological
20    mother  and biological father so established shall be entered
21    on the child's  birth  certificate,  and  the  names  of  the
22    surrogate  mother  and  surrogate  mother's  husband, if any,
23    shall not be on the birth certificate.
24    (Source: P.A.  89-641,  eff.  8-9-96;  90-18,  eff.   7-1-97;
25    90-790, eff. 8-14-98.)

26        Section  10.   The  Illinois  Parentage  Act  of  1984 is
27    amended by changing Section 6 as follows:

28        (750 ILCS 45/6) (from Ch. 40, par. 2506)
29        Sec. 6.  Establishment of Parent and  Child  Relationship
30    by Consent of the Parties.
31        (a)  A  parent  and child relationship may be established
32    voluntarily by the signing  and  witnessing  of  a  voluntary
 
                            -6-                LRB9103536SMdv
 1    acknowledgment  of parentage in accordance with Section 12 of
 2    the Vital Records Act or  Section  10-17.7  of  the  Illinois
 3    Public  Aid  Code.  The voluntary acknowledgment of parentage
 4    shall contain the social  security  numbers  of  the  persons
 5    signing  the  voluntary acknowledgment of parentage; however,
 6    failure to include the social security numbers of the persons
 7    signing a voluntary  acknowledgment  of  parentage  does  not
 8    invalidate the voluntary acknowledgment of parentage.
 9             (1)  A  parent-child relationship may be established
10        in the  event  of  surrogacy  if  all  of  the  following
11        conditions are met prior to the birth of the child:
12                  (A)  The surrogate mother certifies that she is
13             not the biological mother of the child, and that she
14             is  carrying  the  child  of  the  biological father
15             (sperm donor) and  of  the  biological  mother  (egg
16             donor).
17                  (B)  The  husband,  if  any,  of  the surrogate
18             mother certifies  that  he  is  not  the  biological
19             father  of  the  child and that the child is that of
20             the biological  father  (sperm  donor)  and  of  the
21             biological mother (egg donor).
22                  (C)  The  biological  mother certifies that she
23             donated the egg from which the child  being  carried
24             by the surrogate mother was conceived.
25                  (D)  The  biological  father  certifies that he
26             donated the sperm from which the child being carried
27             by the surrogate mother was conceived.
28                  (E)  A physician licensed to practice  medicine
29             in  all  its  branches  in  the  State  of  Illinois
30             certifies  that  the  child  being  carried  by  the
31             surrogate  mother  is  the  biological  child of the
32             biological mother (egg donor) and biological  father
33             (sperm donor), and that neither the surrogate mother
34             nor  the  surrogate  mother's  husband, if any, is a
 
                            -7-                LRB9103536SMdv
 1             biological parent of the child being carried by  the
 2             surrogate mother.
 3                  (F)  All certifications shall be in writing and
 4             witnessed  by  2  competent  adults  who are not the
 5             surrogate mother,  surrogate  mother's  husband,  if
 6             any,   biological   mother,  or  biological  father.
 7             Certifications shall be on forms prescribed  by  the
 8             Illinois  Department  of  Public  Health,  shall  be
 9             executed  prior to the birth of the child, and shall
10             be placed in the medical records  of  the  surrogate
11             mother  prior  to the birth of the child.  Copies of
12             all  certifications  shall  be  delivered   to   the
13             Illinois  Department  of  Public Health prior to the
14             birth of the child.
15             (2)  Unless otherwise determined  by  order  of  the
16        Circuit  Court,  the  child  shall  be presumed to be the
17        child of  the  surrogate  mother  and  of  the  surrogate
18        mother's   husband,   if  any,  if  all  requirements  of
19        subdivision (a)(1) are not met prior to the birth of  the
20        child.  This  presumption  may  be  rebutted by clear and
21        convincing evidence.  The circuit  court  may  order  the
22        surrogate  mother, surrogate mother's husband, biological
23        mother, biological father, and child to  submit  to  such
24        medical  examinations  and  testing  as  the  court deems
25        appropriate.
26        (b)  Notwithstanding any other provisions  of  this  Act,
27    paternity  established  in accordance with subsection (a) has
28    the full force and effect of a judgment  entered  under  this
29    Act  and  serves as a basis for seeking a child support order
30    without any further proceedings to establish paternity.
31        (c)  A judicial or administrative  proceeding  to  ratify
32    paternity  established  in  accordance with subsection (a) is
33    neither required nor permitted.
34        (d)  A signed acknowledgment of paternity  entered  under
 
                            -8-                LRB9103536SMdv
 1    this  Act  may  be  challenged  in court only on the basis of
 2    fraud, duress, or material mistake of fact, with  the  burden
 3    of  proof upon the challenging party.  Pending outcome of the
 4    challenge to  the  acknowledgment  of  paternity,  the  legal
 5    responsibilities  of  the  signatories  shall  remain in full
 6    force and effect, except upon  order  of  the  court  upon  a
 7    showing of good cause.
 8        (e)  Once  a parent and child relationship is established
 9    in accordance with subsection (a), an order for  support  may
10    be  established  pursuant to a petition to establish an order
11    for support by consent filed with the clerk  of  the  circuit
12    court.   A  copy  of the properly completed acknowledgment of
13    parentage form  shall  be  attached  to  the  petition.   The
14    petition  shall ask that the circuit court enter an order for
15    support.  The petition may ask that an order for  visitation,
16    custody,   or   guardianship  be  entered.   The  filing  and
17    appearance fees provided under the Clerks of Courts Act shall
18    be waived  for  all  cases  in  which  an  acknowledgment  of
19    parentage form has been properly completed by the parties and
20    in  which  a  petition  to  establish an order for support by
21    consent has been filed with the clerk of the  circuit  court.
22    This subsection shall not be construed to prohibit filing any
23    petition for child support, visitation, or custody under this
24    Act,  the  Illinois Marriage and Dissolution of Marriage Act,
25    or  the  Non-Support  of  Spouse  and  Children  Act.    This
26    subsection  shall  also  not  be  construed  to  prevent  the
27    establishment  of  an  administrative  support order in cases
28    involving  persons  receiving   child   support   enforcement
29    services under Article X of the Illinois Public Aid Code.
30    (Source: P.A. 89-641, eff. 8-9-96; 90-18, eff. 7-1-97.)

31        Section  99.  Effective date.  This Act takes effect upon
32    becoming law.

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