093_SB1869sam001

 










                                     LRB093 10966 DRJ 13722 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 DRJ 13722 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 father of  the
10    child  her  husband, a woman wife is inseminated artificially
11    with semen donated by a man other than  the  intended  father
12    not her husband, the intended father husband shall be treated
13    in  law  as  if he were the natural father of a child thereby
14    conceived. The intended father's husband's consent (i)  shall
15    must  be  in  writing  executed  and acknowledged by both the
16    intended father husband and the woman wife  or  (ii)  may  be
17    inferred  from  the  intended father's conduct evidencing his
18    actual consent to the artificial insemination  procedure.  If
19    the  intended  father and the woman execute a written consent
20    to the  procedure,  the  physician  who  is  to  perform  the
21    technique  shall certify their signatures and the date of the
22    insemination,  and  file  the  intended  father's   husband's
23    consent  in  the  medical  record  where  it  shall  be  kept
24    confidential  and held by the patient's physician.   However,
25    the physician's failure to do so shall not affect  the  legal
26    relationship between father and child. All papers and records
27    pertaining to the insemination, whether part of the permanent
28    medical  record held by the physician or not, are  subject to
29    inspection only upon an order of the  court  for  good  cause
30    shown.
31        (b)  The  donor of semen provided to a licensed physician
32    for use in artificial insemination of a woman other than  the
 
                            -3-      LRB093 10966 DRJ 13722 a
 1    donor's  wife  shall  be treated in law as if he were not the
 2    natural father of a child thereby conceived.
 3    (Source: P.A. 83-1026.)".