|
|
Public Act 093-1095
|
| HB1021 Enrolled |
LRB093 05534 DRJ 05626 b |
|
|
AN ACT concerning family law.
|
Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
|
Section 5. 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, Section 10-17.7 of the Illinois
Public |
Aid Code, or the provisions of the Gestational Surrogacy Act.
|
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
gestational surrogacy if all of the following |
conditions are met prior to the birth of the
child:
|
(A) The gestational surrogate certifies that she |
is not the biological mother
of the child, and that she |
is carrying the child for the intended parents.
|
(B) The husband, if any, of the gestational
|
surrogate certifies that he is
not the biological |
father of the child.
|
(C) The intended mother certifies that she |
provided or an egg donor donated the egg from which
the |
child being carried by the gestational surrogate was |
conceived.
|
|
(D) The intended father certifies that he provided |
or a sperm donor donated the sperm from which
the child |
being carried by the gestational
surrogate 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 gestational
|
surrogate
is the biological child of the intended |
mother or the
and
intended father or both and that |
neither the gestational
surrogate nor the
gestational |
surrogate's husband, if any, is a biological parent of |
the child being
carried by the gestational surrogate.
|
(E-5) The attorneys for the intended parents and |
the gestational surrogate each certifies that the |
parties entered into a gestational surrogacy contract |
intended to satisfy the requirements of Section 25 of |
the Gestational Surrogacy Act with respect to the |
child.
|
(F) All certifications shall be in writing and |
witnessed by 2 competent
adults who are not the |
gestational surrogate, gestational surrogate's |
husband, if any,
intended mother, or intended 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
gestational
|
surrogate 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 |
gestational surrogate and of the gestational surrogate'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 gestational |
surrogate,
gestational surrogate's husband, intended |
mother, intended 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 |