Public Act 099-0675
 
HB5775 EnrolledLRB099 18937 MJP 43326 b


  
    AN ACT concerning health.
  
 
    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)



    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 a 
voluntary an acknowledgment of paternity form 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 a voluntary an
acknowledgment of 
paternity form parentage and (ii) the mother and presumed 
father have signed
a denial of parentage form 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 a voluntary
an acknowledgment of 
    paternity form 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 parentage form 
    paternity.  The signing and witnessing of the voluntary 
    acknowledgment of paternity form
parentage or, if the 
    presumed father of the child is not the biological father, 
    the voluntary acknowledgment of paternity parentage and 
    denial of parentage forms paternity conclusively establish

    establishes a parent and child relationship in accordance 
    with Sections 5 and 6
of the Illinois Parentage Act of 1984 
    and with the Illinois Parentage Act of 2015 on and after 
    the effective date of that Act.

        The Department of Healthcare and Family Services shall 
    furnish
the voluntary acknowledgment of paternity and 
    denial of parentage forms acknowledgment of parentage and 
    denial of paternity form to institutions,
county clerks, 
    and State and local registrars' offices.  The forms form 
    shall
include
instructions to send the
original signed and 
    witnessed voluntary acknowledgment of paternity parentage 
    and denial of
parentage paternity to the Department of 
    Healthcare and Family Services. The voluntary 
    acknowledgement of paternity and denial of parentage forms 
    paternity form shall also include a statement informing the 
    mother, the alleged father, and the presumed father, if 
    any, that they have the right to request deoxyribonucleic 
    acid (DNA) tests regarding the issue of the child's 
    paternity and that by signing the form, they expressly 
    waive such tests. The voluntary acknowledgment of 
    paternity and denial of parentage forms shall contain the 
    data elements required by federal law. The statement shall 
    be set forth in bold-face capital letters not less than 
    0.25 inches in height. 

        (b) Provide the following documents, furnished by the 
    Department
of Healthcare and Family Services, 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 a 
        voluntary an
acknowledgment of paternity form 
        parentage and, if necessary, a denial of parentage form

        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 child
support
enforcement 
        services.

            (iii) A request for an application for child 
        support enforcement
services from
the
Department of 
        Healthcare and Family Services.

            (iv) Instructions concerning the opportunity to 
        speak, either by
telephone or in person, with staff of

        the Department of Healthcare and Family Services who 
        are trained to clarify information
and answer 
        questions about paternity establishment.

            (v) Instructions for completing and signing the 
        voluntary acknowledgment of paternity
parentage and 
        denial of parentage forms 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 a voluntary an acknowledgment of 
    paternity form parentage and, if necessary, a
denial of 
    parentage form 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 voluntary acknowledgment of 
paternity or denial of parentage form parentage.
The signing 
and witnessing of the rescission of voluntary acknowledgment of 
paternity or denial of parentage form parentage voids the 
voluntary
acknowledgment of paternity form parentage and 
nullifies the presumption of paternity if
executed and filed 
with the Department of Healthcare and Family Services (formerly 
Illinois Department of Public Aid) within the
time frame 
contained in Section 5
of the Illinois Parentage Act of 1984 or 
Section 307 of the Illinois Parentage Act of 2015 on and after 
the effective date of that Act.
The Department of Healthcare 
and Family Services shall furnish the rescission of voluntary 
acknowledgment of paternity or denial of parentage form 
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 
voluntary acknowledgment of paternity or denial of parentage 
form parentage to the Department of Healthcare and Family 
Services. The rescission of voluntary acknowledgment of 
paternity or denial of parentage form shall contain the data 
elements required by federal law. 

    (7) A voluntary An acknowledgment of paternity form signed 
pursuant to Section 6 of the
Illinois Parentage Act of 1984 or 
Section 302 of the Illinois Parentage Act of 2015 on and after 
the effective date of that 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 a challenge to the voluntary acknowledgment of

paternity form, 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 Department of Healthcare and Family Services shall forward 
a copy of
the voluntary acknowledgment of paternity, denial of 
parentage, and
acknowledgment of parentage, the denial of 
paternity, if applicable, rescission of voluntary 
acknowledgment of paternity or denial of parentage forms 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.


    (10) In the event new data elements are included in the 
voluntary acknowledgment of paternity form, denial of 
parentage form, or rescission of voluntary acknowledgment of 
paternity or denial of parentage form, the Department of 
Healthcare and Family Services, in conjunction with the 
Department of Public Health, shall provide instructions that 
have been prescribed by the Department of Healthcare and Family 
Services about the new data elements to the hospital personnel 
responsible for assisting the child's mother, biological 
father, or presumed father with completing the forms. 
(Source: P.A. 99-85, eff. 1-1-16.)