HB4498 104TH GENERAL ASSEMBLY

LRB104 17484 JRC 30910 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4498

Introduced 1/20/2026, by Rep. Jay Hoffman

SYNOPSIS AS INTRODUCED:

New Act
735 ILCS 5/13-228 new

Creates the Negligent Testing for Paternity Act. Creates a civil cause of action if an entity negligently performs genetic testing for paternity. Authorizes the aggrieved person to recover actual damages, including, but not limited to, emotional distress. Amends the Code of Civil Procedure. Creates a statute of limitation of two years from the date when the person knew or should have reasonably known of the negligence. Applies to all conduct occurring on or after January 1, 1980. Effective immediately.

A BILL FOR

AN ACT concerning civil law.

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

Section 1. Short title. This Act may be cited as the Negligent Testing for Paternity Act.

Section 5. Cause of action.

(a) A civil cause of action is created for negligent genetic testing for paternity. Any person who was the subject of negligent genetic testing for paternity that resulted in an incorrect determination or report regarding biological paternity may bring an action under this Act against any person or persons who negligently performed, processed, handled, analyzed, reported, or interpreted the genetic paternity testing. A person who is entitled to file an action under this Act may recover actual damages, to include, but not be limited to, emotional distress, loss of consortium, loss of relationship, loss of companionship, loss of parent-child society, economic losses, reasonable attorney's fees and costs, including expert witness fees and other litigation expenses.

(b) In cases in which the defendant's conduct demonstrated a reckless disregard for the accuracy of genetic testing results, a punitive damages may be awarded in accordance with Illinois law.

Section 10. No immunity for private for-profit paternity testing laboratories.

(a) If a private for-profit laboratory or testing facility has a contract with the State to perform genetic testing for paternity as part of a paternity proceeding by the State, it may not claim or assert the common law defense of quasi-judicial immunity in an action against it under this Act for negligence because it is performing a professional laboratory service that is not a judicial function.

(b) This Section does not affect the immunity of State employees or agencies under the State Lawsuit Immunity Act or the Illinois Local Governmental and Governmental Employees Tort Immunity Act.

(c) This Section does not affect the ability of private for-profit laboratories or testing facilities to assert any immunity defenses that may be applicable in cases that do not arise under this Act.

Section 95. Severability. If any provision of this Act or its application to any person or circumstance is held invalid, the invalidity of that provision or application does not affect other provisions or applications of this Act that can be given effect without the invalid provision or application.

Section 97. Retroactive application. This Act applies to all conduct occurring on or after January 1, 1980.

Section 900. The Code of Civil Procedure is amended by adding Section 13-228 as follows:

(735 ILCS 5/13-228 new)

Sec. 13-228. Negligent genetic testing. A person who pursues an action under the Negligent Testing for Paternity Act must file an action within 2 years from the date that the person knew or reasonably should have known of the negligence or within 2 years of the date the person who was the subject of any prior incorrect determination of biological paternity receive any subsequent genetic paternity testing determinations from an accredited lab that report different biological paternity between the same person, whichever is later.

Section 999. Effective date. This Act takes effect upon becoming law.