State of Illinois
91st General Assembly
Public Acts

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Public Act 91-0308

HB1370 Enrolled                                LRB9103536SMdv

    AN ACT regarding surrogate parents.

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


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

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

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

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

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

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