HB4499 104TH GENERAL ASSEMBLY

LRB104 17482 JRC 30908 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4499

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

SYNOPSIS AS INTRODUCED:

New Act

Creates the Tortious Interference with Parent-Child Relationship Act. Contains findings and purposes concerning the parent-child relationship. Creates a civil cause of action for a parent or child if a third party's tortious conduct injures either the child or the parent or otherwise unreasonably harms, prevents, or terminates a parent-child relationship. Authorizes recovery of damages including loss of society, companionship, consortium, parent-child relationship, emotional distress, mental anguish, or economic loss. Provides that the Act 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 Tortious Interference with Parent-Child Relationship Act.

Section 5. Legislative findings and purpose.

(a) The General Assembly finds that:

(1) Illinois recognizes the right of every child to the physical, mental, emotional, and financial support of the child's parents.

(2) The 14th Amendment of the United States Constitution protects the parent-child relationship through its Due Process Clause, which safeguards the fundamental right of parents to direct the care, custody, and upbringing of their children, and the reciprocal right of children to the society, companionship, and support of their parents.

(3) The parent-child relationship is among the most fundamental liberty interests protected by the United States Constitution, and interference with that relationship, whether through injury to the child, injury to the parent, or conduct that prevents the relationship from forming, constitutes a deprivation of constitutionally protected rights.

(4) Section 700 of the Restatement (Second) of Torts has recognized since 1977 that a parent who is entitled to custody of a minor child may maintain a tort action against a person or entity whose tortious conduct interferes with the parent-child relationship.

(5) However, in Hulsh v. Hulsh, 2025 IL 130931, the Illinois Supreme Court declined to recognize a common law tort cause of action or recoverable damages for interference with the parent-child relationship in the context of nonfatal injuries and deferred to the General Assembly as to whether such a cause of action and remedy ought to exist.

(6) Unlike many other jurisdictions, Illinois currently does not permit a parent to recover damages for loss of a child's society or companionship when the child suffers nonfatal injuries caused by another's tortious conduct, nor does Illinois permit a child to recover for loss of a parent's society or companionship under similar circumstances.

(7) This gap in Illinois law fails to adequately protect the constitutionally recognized parent-child relationship and leaves families without remedy when tortious conduct diminishes or destroys that relationship.

(b) Therefore, it is the purpose of this Act to promote fairness and justice and to protect the constitutionally recognized rights of parents and children to their relationship with one another by establishing a statutory civil cause of action or remedy, where none has existed under Illinois law, for tortious interference with the parent-child relationship, including, but not limited to, circumstances in which:

(1) a child suffers injury caused by the tortious conduct of another resulting in loss or diminishment of the parent-child relationship;

(2) a parent suffers injury caused by the tortious conduct of another resulting in loss or diminishment of the parent-child relationship;

(3) tortious conduct prevents the formation of a parent-child relationship between persons legally entitled to such a relationship; or

(4) tortious conduct that otherwise interferes with, diminishes, or destroys the parent-child relationship.

Section 10. Liability for tortious interference with the parent-child relationship.

(a) A person or entity is subject to liability under this Act if that person's or entity's tortious conduct:

(1) causes physical, emotional, or psychological injury to a child resulting in loss or diminishment of the parent-child relationship;

(2) causes physical, emotional, or psychological injury to a parent resulting in loss or diminishment of the parent-child relationship;

(3) prevents the formation of a parent-child relationship between persons legally entitled to such a relationship; or

(4) otherwise interferes with, diminishes, or destroys the parent-child relationship between a parent and child.

(b) A parent and child each have an independent right to bring an action or to recover damages under this Act for interference with their relationship with one another.

(c) This Section applies to nonfatal injuries.

(d) This Section applies to the parents of a minor child or an adult child who is dependent on his or her parents for support.

(e) This Section also applies to minor children and adults who are dependent on their parents for support at the time of the alleged injury or conduct.

Section 15. Cause of action and recoverable damages.

(a) A parent or child whose rights under this Act have been violated has a nonwaivable right to bring a civil action against the person or entity whose tortious conduct violated those rights.

(b) A person entitled to bring an action under this Act may recover actual damages, including, but not limited to:

(1) loss of society;

(2) loss of companionship;

(3) loss of consortium;

(4) loss of the parent-child relationship;

(5) emotional distress;

(6) mental anguish; or

(7) economic loss.

(c) If the defendant's conduct demonstrated reckless disregard for the rights of the parent or child, a court may award punitive damages in accordance with Illinois law.

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