093_SB1869ham001

 










                                     LRB093 10966 LCB 16463 a

 1                    AMENDMENT TO SENATE BILL 1869

 2        AMENDMENT NO.     .  Amend Senate Bill 1869 by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5.  The  Frauds  Act  is  amended  by  changing
 5    Section 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.)
 
                            -2-      LRB093 10966 LCB 16463 a
 1        Section 10.  The Illinois Parentage  Act  is  amended  by
 2    changing the title of the Act and Section 3 as follows:

 3        (750 ILCS 40/Act Title)
 4        An  Act to define the legal relationships of a child born
 5    to a woman wife and a man husband requesting  and  consenting
 6    to heterologous artificial insemination.

 7        (750 ILCS 40/3) (from Ch. 40, par. 1453)
 8        Sec.  3.  (a)  If,  under  the  supervision of a licensed
 9    physician and with the consent of the intended  legal  father
10    of  the  child  her  husband,  a  woman  wife  is inseminated
11    artificially with semen donated  by  a  man  other  than  the
12    intended  legal  father  not  her husband, the intended legal
13    father husband shall be treated in law  as  if  he  were  the
14    natural  father  of  a  child thereby conceived. The intended
15    legal father's husband's consent (i) shall must be in writing
16    executed and acknowledged by both the intended  legal  father
17    husband and the woman wife or (ii) may be inferred from clear
18    and  convincing  evidence  that  the  intended  legal  father
19    consented  to  the artificial insemination procedure.  If the
20    intended legal father and the woman execute a written consent
21    to the  procedure,  the  physician  who  is  to  perform  the
22    technique  shall certify their signatures and the date of the
23    insemination, and file the intended legal father's  husband's
24    consent  in  the  medical  record  where  it  shall  be  kept
25    confidential  and held by the patient's physician.   However,
26    the physician's failure to do so shall not affect  the  legal
27    relationship between father and child. All papers and records
28    pertaining to the insemination, whether part of the permanent
29    medical  record held by the physician or not, are  subject to
30    inspection only upon an order of the  court  for  good  cause
31    shown.
32        (b)  The  donor of semen provided to a licensed physician
 
                            -3-      LRB093 10966 LCB 16463 a
 1    for use in artificial insemination of a woman other than  the
 2    donor's  wife  shall  be treated in law as if he were not the
 3    natural father of a child thereby conceived.
 4    (Source: P.A. 83-1026.)".