Full Text of SB1867 98th General Assembly
SB1867 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 SB1867 Introduced 2/15/2013, by Sen. Chapin Rose SYNOPSIS AS INTRODUCED: |
| 750 ILCS 45/5 | from Ch. 40, par. 2505 | 750 ILCS 45/6 | from Ch. 40, par. 2506 | 750 ILCS 45/7 | from Ch. 40, par. 2507 |
|
Amends the Illinois Parentage Act of 1984. Provides that a man may bring an action to declare the non-existence of the parent and child relationship, even after the man has signed an unrescinded acknowledgment of parentage, if, as a result of deoxyribonucleic acid (DNA) tests,
it
is discovered that the man adjudicated to be the father is not the natural
father of the child. Effective immediately.
|
| |
| | A BILL FOR |
|
| | | SB1867 | | LRB098 08701 HEP 38823 b |
|
| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Parentage Act of 1984 is amended by | 5 | | changing Sections 5, 6, 7, and 8 as follows:
| 6 | | (750 ILCS 45/5) (from Ch. 40, par. 2505)
| 7 | | Sec. 5. Presumption of Paternity.
| 8 | | (a) A man is presumed to be the
natural father of a child | 9 | | if:
| 10 | | (1) he and the child's natural mother are or have been | 11 | | married to each
other, even though the marriage is or could | 12 | | be declared invalid, and the child
is born or conceived | 13 | | during such marriage;
| 14 | | (2) after the child's birth, he and the child's natural | 15 | | mother have
married each other, even though the marriage is | 16 | | or could be declared invalid,
and he is named, with his | 17 | | written consent, as the child's father on the
child's birth | 18 | | certificate;
| 19 | | (3) he and the child's natural mother have signed an | 20 | | acknowledgment of
paternity in accordance with rules | 21 | | adopted by the Department of Healthcare and Family Services | 22 | | under Section 10-17.7 of the Illinois Public Aid Code; or
| 23 | | (4) he and the child's natural mother have signed an |
| | | SB1867 | - 2 - | LRB098 08701 HEP 38823 b |
|
| 1 | | acknowledgment of
parentage or, if the natural father is | 2 | | someone other than one presumed to be
the father under this | 3 | | Section, an acknowledgment of parentage and denial of
| 4 | | paternity in accordance
with
Section 12 of the Vital | 5 | | Records Act.
| 6 | | (b) A presumption under subdivision (a)(1) or (a)(2) of | 7 | | this Section may
be rebutted only by clear and convincing | 8 | | evidence. A presumption under
subdivision (a)(3) or (a)(4) is | 9 | | conclusive, unless the acknowledgment of
parentage is | 10 | | rescinded under the process
provided in Section 12 of the Vital | 11 | | Records Act,
upon the earlier
of:
| 12 | | (1) 60 days after the date the acknowledgment of | 13 | | parentage is signed, or
| 14 | | (2) the date of an administrative or judicial | 15 | | proceeding relating to the
child (including a proceeding to | 16 | | establish a support order) in which the
signatory is a | 17 | | party;
| 18 | | except that if a minor has signed the
acknowledgment of | 19 | | paternity or acknowledgment of parentage and denial of
| 20 | | paternity, the presumption becomes conclusive 6 months after | 21 | | the minor reaches
majority or is otherwise emancipated.
| 22 | | (c) Notwithstanding the provisions of subsection (b) of | 23 | | this Section, a presumption under subdivision (a)(3) or (a)(4) | 24 | | may also be challenged in an action brought under subsection | 25 | | (b-5) of Section 7 of this Act. | 26 | | (Source: P.A. 95-331, eff. 8-21-07.)
|
| | | SB1867 | - 3 - | LRB098 08701 HEP 38823 b |
|
| 1 | | (750 ILCS 45/6) (from Ch. 40, par. 2506)
| 2 | | Sec. 6. Establishment of Parent and Child Relationship by | 3 | | Consent of
the Parties. | 4 | | (a) A parent and child relationship may be established | 5 | | voluntarily by the
signing and witnessing of a voluntary | 6 | | acknowledgment of parentage in accordance
with Section 12 of | 7 | | the Vital Records Act, Section 10-17.7 of the Illinois
Public | 8 | | Aid Code, or the provisions of the Gestational Surrogacy Act.
| 9 | | The voluntary acknowledgment of parentage shall contain the | 10 | | social security
numbers of the persons signing the voluntary | 11 | | acknowledgment of parentage;
however,
failure to include the
| 12 | | social security numbers of the persons signing a voluntary | 13 | | acknowledgment of
parentage does not
invalidate the voluntary | 14 | | acknowledgment of parentage.
| 15 | | (1) A parent-child relationship may be established in | 16 | | the event of
gestational surrogacy if all of the following | 17 | | conditions are met prior to the birth of the
child:
| 18 | | (A) The gestational surrogate certifies that she | 19 | | is not the biological mother
of the child, and that she | 20 | | is carrying the child for the intended parents.
| 21 | | (B) The husband, if any, of the gestational
| 22 | | surrogate certifies that he is
not the biological | 23 | | father of the child.
| 24 | | (C) The intended mother certifies that she | 25 | | provided or an egg donor donated the egg from which
the |
| | | SB1867 | - 4 - | LRB098 08701 HEP 38823 b |
|
| 1 | | child being carried by the gestational surrogate was | 2 | | conceived.
| 3 | | (D) The intended father certifies that he provided | 4 | | or a sperm donor donated the sperm from which
the child | 5 | | being carried by the gestational
surrogate was | 6 | | conceived.
| 7 | | (E) A physician licensed to practice medicine in | 8 | | all its branches in the
State of Illinois certifies | 9 | | that the child being carried by the gestational
| 10 | | surrogate
is the biological child of the intended | 11 | | mother or the
intended father or both and that neither | 12 | | the gestational
surrogate nor the
gestational | 13 | | surrogate's husband, if any, is a biological parent of | 14 | | the child being
carried by the gestational surrogate.
| 15 | | (E-5) The attorneys for the intended parents and | 16 | | the gestational surrogate each certifies that the | 17 | | parties entered into a gestational surrogacy contract | 18 | | intended to satisfy the requirements of Section 25 of | 19 | | the Gestational Surrogacy Act with respect to the | 20 | | child.
| 21 | | (F) All certifications shall be in writing and | 22 | | witnessed by 2 competent
adults who are not the | 23 | | gestational surrogate, gestational surrogate's | 24 | | husband, if any,
intended mother, or intended father. | 25 | | Certifications shall be on forms
prescribed by the | 26 | | Illinois Department of Public Health, shall be |
| | | SB1867 | - 5 - | LRB098 08701 HEP 38823 b |
|
| 1 | | executed prior
to the birth of the child, and shall be | 2 | | placed in the medical records of the
gestational
| 3 | | surrogate prior to the birth of the child. Copies of | 4 | | all
certifications shall be delivered to the Illinois | 5 | | Department of Public Health
prior to the birth of the | 6 | | child.
| 7 | | (2) Unless otherwise determined by order of the Circuit | 8 | | Court, the child
shall be presumed to be the child of the | 9 | | gestational surrogate and of the gestational surrogate's | 10 | | husband, if any, if all requirements of subdivision (a)(1) | 11 | | are not
met
prior to the birth of the child. This | 12 | | presumption may be rebutted by clear and
convincing | 13 | | evidence. The circuit court may order the gestational | 14 | | surrogate,
gestational surrogate's husband, intended | 15 | | mother, intended father, and child to
submit to such | 16 | | medical examinations and testing as the court deems
| 17 | | appropriate.
| 18 | | (b) Notwithstanding any other provisions of this Act, | 19 | | paternity established
in accordance with subsection (a) has the | 20 | | full force and effect of a judgment
entered under this Act and | 21 | | serves as a basis for seeking a child support order
without any | 22 | | further proceedings to establish paternity.
| 23 | | (c) A judicial or administrative proceeding to ratify | 24 | | paternity
established
in accordance with subsection (a) is | 25 | | neither required nor permitted.
| 26 | | (d) A signed acknowledgment of paternity entered under this |
| | | SB1867 | - 6 - | LRB098 08701 HEP 38823 b |
|
| 1 | | Act may be
challenged in court only on the basis of fraud, | 2 | | duress, or material mistake of
fact, or in an action brought | 3 | | under subsection (b-5) of Section 7 of this Act, with the | 4 | | burden of proof upon the challenging party. Pending outcome of
| 5 | | the challenge to the acknowledgment of paternity, the legal | 6 | | responsibilities of
the signatories shall remain in full force | 7 | | and effect, except upon order of the
court upon a showing of | 8 | | good cause.
| 9 | | (e) Once a parent and child relationship is established in | 10 | | accordance with
subsection (a), an order for support may be | 11 | | established pursuant to a petition
to establish an order for | 12 | | support by consent filed with the clerk of the
circuit court. A | 13 | | copy of the properly completed acknowledgment of parentage
form | 14 | | shall be attached to the petition. The petition shall ask that | 15 | | the
circuit court enter an order for support. The petition may | 16 | | ask that an order
for visitation, custody, or guardianship be | 17 | | entered. The filing and appearance
fees provided under the | 18 | | Clerks of Courts Act shall be waived for all cases in
which an | 19 | | acknowledgment of parentage form has been properly completed by | 20 | | the
parties and in which a petition to establish an order for | 21 | | support by consent
has been filed with the clerk of the circuit | 22 | | court. This subsection shall not
be construed to prohibit | 23 | | filing any petition for child support, visitation, or
custody | 24 | | under this Act, the Illinois Marriage and Dissolution of | 25 | | Marriage Act,
or the Non-Support Punishment Act. This | 26 | | subsection shall also not
be construed to prevent the |
| | | SB1867 | - 7 - | LRB098 08701 HEP 38823 b |
|
| 1 | | establishment of
an administrative support order in cases | 2 | | involving persons receiving child
support enforcement services | 3 | | under Article X of the Illinois Public Aid Code.
| 4 | | (Source: P.A. 92-16, eff. 6-28-01; 93-921, eff. 1-1-05; | 5 | | 93-1095, eff. 3-29-05.)
| 6 | | (750 ILCS 45/7) (from Ch. 40, par. 2507)
| 7 | | Sec. 7. Determination of Father and Child Relationship; Who | 8 | | May Bring
Action; Parties.
| 9 | | (a) An action to determine the existence of the father and | 10 | | child
relationship, whether or not such a relationship is | 11 | | already presumed under
Section 5 of this Act, may be brought by | 12 | | the child; the mother; a pregnant
woman; any person or public | 13 | | agency who has custody of, or is providing or has
provided | 14 | | financial support to, the child; the Department of Healthcare | 15 | | and Family Services if it is providing or has provided | 16 | | financial support to the child or if it
is assisting with child | 17 | | support collection services; or a man presumed or
alleging | 18 | | himself
to be the father of the child or expected child. The | 19 | | complaint shall be
verified and shall name the person or | 20 | | persons alleged to be the father of the
child.
| 21 | | (b) An action to declare the non-existence of the parent | 22 | | and child
relationship may be brought by the child, the natural | 23 | | mother, or a man
presumed to be the father under subdivision | 24 | | (a)(1) or (a)(2) of Section 5
of this Act. Actions brought by | 25 | | the child, the natural mother
or a presumed father shall be |
| | | SB1867 | - 8 - | LRB098 08701 HEP 38823 b |
|
| 1 | | brought by verified complaint.
| 2 | | After the presumption that a man presumed to be the father | 3 | | under
subdivision (a)(1) or (a)(2) of Section 5
has been | 4 | | rebutted, paternity of the
child by another man may be | 5 | | determined in the same action, if he has been made
a party.
| 6 | | (b-5) An action to declare the non-existence of the parent | 7 | | and child
relationship may be brought subsequent to an | 8 | | adjudication of paternity in any
judgment or administrative | 9 | | determination of paternity made in accordance with Section | 10 | | 10-17.7 of the Illinois Public Aid Code by the man adjudicated | 11 | | to be the father pursuant to the presumptions
in Section 5 of | 12 | | this Act if, as a result of deoxyribonucleic acid (DNA) tests,
| 13 | | it
is discovered that the man adjudicated to be the father is | 14 | | not the natural
father of the child. Actions brought by the | 15 | | adjudicated father shall be
brought by verified complaint. If, | 16 | | as a result of the deoxyribonucleic acid
(DNA) tests, the | 17 | | plaintiff is determined not to be the father of the child, the
| 18 | | adjudication of paternity and any orders regarding custody, | 19 | | visitation, and
future payments of support may be vacated.
| 20 | | (c) If any party is a minor, he or she may be represented | 21 | | by his or her
general guardian or a guardian ad litem appointed | 22 | | by the court, which may
include an appropriate agency. The | 23 | | court may align the parties.
| 24 | | (d) Regardless of its terms, an agreement, other than a | 25 | | settlement
approved by the court, between an alleged or | 26 | | presumed father and the mother
or child, does not bar an action |
| | | SB1867 | - 9 - | LRB098 08701 HEP 38823 b |
|
| 1 | | under this Section.
| 2 | | (e) If an action under this Section is brought before the | 3 | | birth of the
child, all proceedings shall be stayed until after | 4 | | the birth, except for
service or process, the taking of | 5 | | depositions to perpetuate testimony, and
the ordering of blood | 6 | | tests under appropriate circumstances.
| 7 | | (Source: P.A. 95-331, eff. 8-21-07.)
| 8 | | Section 99. Effective date. This Act takes effect upon | 9 | | becoming law.
|
|