Full Text of HB1021 93rd General Assembly
HB1021sam001 93RD GENERAL ASSEMBLY
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Sen. John J. Cullerton
Filed: 11/15/2004
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LRB093 05534 WGH 54092 a |
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| AMENDMENT TO HOUSE BILL 1021
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| AMENDMENT NO. ______. Amend House Bill 1021 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Illinois Parentage Act of 1984 is amended | 5 |
| by changing Section 6 as follows:
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| (750 ILCS 45/6) (from Ch. 40, par. 2506)
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| Sec. 6. Establishment of Parent and Child Relationship by | 8 |
| Consent of
the Parties. | 9 |
| (a) A parent and child relationship may be established | 10 |
| voluntarily by the
signing and witnessing of a voluntary | 11 |
| acknowledgment of parentage in accordance
with Section 12 of | 12 |
| the Vital Records Act, Section 10-17.7 of the Illinois
Public | 13 |
| Aid Code, or the provisions of the Gestational Surrogacy Act.
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| The voluntary acknowledgment of parentage shall contain the | 15 |
| social security
numbers of the persons signing the voluntary | 16 |
| acknowledgment of parentage;
however,
failure to include the
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| social security numbers of the persons signing a voluntary | 18 |
| acknowledgment of
parentage does not
invalidate the voluntary | 19 |
| acknowledgment of parentage.
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| (1) A parent-child relationship may be established in | 21 |
| the event of
gestational surrogacy if all of the following | 22 |
| conditions are met prior to the birth of the
child:
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| (A) The gestational surrogate certifies that she | 24 |
| is not the biological mother
of the child, and that she |
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| is carrying the child for the intended parents.
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| (B) The husband, if any, of the gestational
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| surrogate certifies that he is
not the biological | 4 |
| father of the child.
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| (C) The intended mother certifies that she | 6 |
| provided or an egg donor donated the egg from which
the | 7 |
| child being carried by the gestational surrogate was | 8 |
| conceived.
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| (D) The intended father certifies that he provided | 10 |
| or a sperm donor donated the sperm from which
the child | 11 |
| being carried by the gestational
surrogate was | 12 |
| conceived.
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| (E) A physician licensed to practice medicine in | 14 |
| all its branches in the
State of Illinois certifies | 15 |
| that the child being carried by the gestational
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| surrogate
is the biological child of the intended | 17 |
| mother or the
and
intended father or both and that | 18 |
| neither the gestational
surrogate nor the
gestational | 19 |
| surrogate's husband, if any, is a biological parent of | 20 |
| the child being
carried by the gestational surrogate.
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| (E-5) The attorneys for the intended parents and | 22 |
| the gestational surrogate each certifies that the | 23 |
| parties entered into a gestational surrogacy contract | 24 |
| intended to satisfy the requirements of Section 25 of | 25 |
| the Gestational Surrogacy Act with respect to the | 26 |
| child.
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| (F) All certifications shall be in writing and | 28 |
| witnessed by 2 competent
adults who are not the | 29 |
| gestational surrogate, gestational surrogate's | 30 |
| husband, if any,
intended mother, or intended father. | 31 |
| Certifications shall be on forms
prescribed by the | 32 |
| Illinois Department of Public Health, shall be | 33 |
| executed prior
to the birth of the child, and shall be | 34 |
| placed in the medical records of the
gestational
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| surrogate prior to the birth of the child. Copies of | 2 |
| all
certifications shall be delivered to the Illinois | 3 |
| Department of Public Health
prior to the birth of the | 4 |
| child.
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| (2) Unless otherwise determined by order of the Circuit | 6 |
| Court, the child
shall be presumed to be the child of the | 7 |
| gestational surrogate and of the gestational surrogate's | 8 |
| husband, if any, if all requirements of subdivision (a)(1) | 9 |
| are not
met
prior to the birth of the child. This | 10 |
| presumption may be rebutted by clear and
convincing | 11 |
| evidence. The circuit court may order the gestational | 12 |
| surrogate,
gestational surrogate's husband, intended | 13 |
| mother, intended father, and child to
submit to such | 14 |
| medical examinations and testing as the court deems
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| appropriate.
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| (b) Notwithstanding any other provisions of this Act, | 17 |
| paternity established
in accordance with subsection (a) has the | 18 |
| full force and effect of a judgment
entered under this Act and | 19 |
| serves as a basis for seeking a child support order
without any | 20 |
| further proceedings to establish paternity.
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| (c) A judicial or administrative proceeding to ratify | 22 |
| paternity
established
in accordance with subsection (a) is | 23 |
| neither required nor permitted.
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| (d) A signed acknowledgment of paternity entered under this | 25 |
| Act may be
challenged in court only on the basis of fraud, | 26 |
| duress, or material mistake of
fact, with the burden of proof | 27 |
| upon the challenging party. Pending outcome of
the challenge to | 28 |
| the acknowledgment of paternity, the legal responsibilities of
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| the signatories shall remain in full force and effect, except | 30 |
| upon order of the
court upon a showing of good cause.
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| (e) Once a parent and child relationship is established in | 32 |
| accordance with
subsection (a), an order for support may be | 33 |
| established pursuant to a petition
to establish an order for | 34 |
| support by consent filed with the clerk of the
circuit court. A |
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| copy of the properly completed acknowledgment of parentage
form | 2 |
| shall be attached to the petition. The petition shall ask that | 3 |
| the
circuit court enter an order for support. The petition may | 4 |
| ask that an order
for visitation, custody, or guardianship be | 5 |
| entered. The filing and appearance
fees provided under the | 6 |
| Clerks of Courts Act shall be waived for all cases in
which an | 7 |
| acknowledgment of parentage form has been properly completed by | 8 |
| the
parties and in which a petition to establish an order for | 9 |
| support by consent
has been filed with the clerk of the circuit | 10 |
| court. This subsection shall not
be construed to prohibit | 11 |
| filing any petition for child support, visitation, or
custody | 12 |
| under this Act, the Illinois Marriage and Dissolution of | 13 |
| Marriage Act,
or the Non-Support Punishment Act. This | 14 |
| subsection shall also not
be construed to prevent the | 15 |
| establishment of
an administrative support order in cases | 16 |
| involving persons receiving child
support enforcement services | 17 |
| under Article X of the Illinois Public Aid Code.
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| (Source: P.A. 92-16, eff. 6-28-01; 93-921, eff. 1-1-05.)
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| Section 99. Effective date. This Act takes effect upon | 20 |
| becoming law.".
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