093_SB1869eng

 
SB1869 Engrossed                     LRB093 10966 LCB 11558 b

 1        AN ACT concerning family law.

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

 4        Section 5.  The Frauds Act is amended by changing Section
 5    1 as follows:

 6        (740 ILCS 80/1) (from Ch. 59, par. 1)
 7        Sec. 1.  Except as provided in Section 3 of the  Illinois
 8    Parentage  Act  in  the  case  of  the  paternity  of a child
 9    conceived by artificial insemination, That no action shall be
10    brought, whereby to charge any executor or administrator upon
11    any special promise to answer any debt or damages out of  his
12    own  estate,  or  whereby  to  charge  the defendant upon any
13    special  promise  to  answer  for  the   debt,   default   or
14    miscarriage  of  another person, or to charge any person upon
15    any agreement made upon consideration of  marriage,  or  upon
16    any agreement that is not to be performed within the space of
17    one  year  from  the  making  thereof,  unless the promise or
18    agreement upon which such action shall be  brought,  or  some
19    memorandum  or  note thereof, shall be in writing, and signed
20    by the party to be charged therewith, or  some  other  person
21    thereunto by him lawfully authorized.
22    (Source: R.S. 1874, p. 540.)

23        Section  10.  The  Illinois  Parentage  Act is amended by
24    changing the title of the Act and Section 3 as follows:

25        (750 ILCS 40/Act Title)
26        An Act to define the legal relationships of a child  born
27    to  a  woman wife and a man husband requesting and consenting
28    to heterologous artificial insemination.
 
SB1869 Engrossed            -2-      LRB093 10966 LCB 11558 b
 1        (750 ILCS 40/3) (from Ch. 40, par. 1453)
 2        Sec. 3.  (a) If, under  the  supervision  of  a  licensed
 3    physician  and with the consent of the intended father of the
 4    child her husband, a woman wife is  inseminated  artificially
 5    with  semen  donated  by a man other than the intended father
 6    not her husband, the intended father husband shall be treated
 7    in law as if he were the natural father of  a  child  thereby
 8    conceived.  The intended father's husband's consent (i) shall
 9    must be in writing executed  and  acknowledged  by  both  the
10    intended  father  husband  and  the woman wife or (ii) may be
11    inferred from the intended father's  conduct  evidencing  his
12    actual  consent  to the artificial insemination procedure. If
13    the intended father and the woman execute a  written  consent
14    to  the  procedure,  the  physician  who  is  to  perform the
15    technique shall certify their signatures and the date of  the
16    insemination,   and  file  the  intended  father's  husband's
17    consent  in  the  medical  record  where  it  shall  be  kept
18    confidential and held by the patient's physician.    However,
19    the  physician's  failure to do so shall not affect the legal
20    relationship between father and child. All papers and records
21    pertaining to the insemination, whether part of the permanent
22    medical record held by the physician or not, are  subject  to
23    inspection  only  upon  an  order of the court for good cause
24    shown.
25        (b)  The donor of semen provided to a licensed  physician
26    for  use in artificial insemination of a woman other than the
27    donor's wife shall be treated in law as if he  were  not  the
28    natural father of a child thereby conceived.
29    (Source: P.A. 83-1026.)