Full Text of SB1867 98th General Assembly
SB1867sam001 98TH GENERAL ASSEMBLY | Sen. Chapin Rose Filed: 3/15/2013
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| 1 | | AMENDMENT TO SENATE BILL 1867
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1867 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Parentage Act of 1984 is amended | 5 | | by changing Section 6 as follows:
| 6 | | (750 ILCS 45/6) (from Ch. 40, par. 2506)
| 7 | | 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.
| 14 | | 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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| 1 | | social security numbers of the persons signing a voluntary | 2 | | acknowledgment of
parentage does not
invalidate the voluntary | 3 | | acknowledgment of parentage.
| 4 | | (1) A parent-child relationship may be established in | 5 | | the event of
gestational surrogacy if all of the following | 6 | | conditions are met prior to the birth of the
child:
| 7 | | (A) The gestational surrogate certifies that she | 8 | | is not the biological mother
of the child, and that she | 9 | | is carrying the child for the intended parents.
| 10 | | (B) The husband, if any, of the gestational
| 11 | | surrogate certifies that he is
not the biological | 12 | | father of the child.
| 13 | | (C) The intended mother certifies that she | 14 | | provided or an egg donor donated the egg from which
the | 15 | | child being carried by the gestational surrogate was | 16 | | conceived.
| 17 | | (D) The intended father certifies that he provided | 18 | | or a sperm donor donated the sperm from which
the child | 19 | | being carried by the gestational
surrogate was | 20 | | conceived.
| 21 | | (E) A physician licensed to practice medicine in | 22 | | all its branches in the
State of Illinois certifies | 23 | | that the child being carried by the gestational
| 24 | | surrogate
is the biological child of the intended | 25 | | mother or the
intended father or both and that neither | 26 | | the gestational
surrogate nor the
gestational |
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| 1 | | surrogate's husband, if any, is a biological parent of | 2 | | the child being
carried by the gestational surrogate.
| 3 | | (E-5) The attorneys for the intended parents and | 4 | | the gestational surrogate each certifies that the | 5 | | parties entered into a gestational surrogacy contract | 6 | | intended to satisfy the requirements of Section 25 of | 7 | | the Gestational Surrogacy Act with respect to the | 8 | | child.
| 9 | | (F) All certifications shall be in writing and | 10 | | witnessed by 2 competent
adults who are not the | 11 | | gestational surrogate, gestational surrogate's | 12 | | husband, if any,
intended mother, or intended father. | 13 | | Certifications shall be on forms
prescribed by the | 14 | | Illinois Department of Public Health, shall be | 15 | | executed prior
to the birth of the child, and shall be | 16 | | placed in the medical records of the
gestational
| 17 | | surrogate prior to the birth of the child. Copies of | 18 | | all
certifications shall be delivered to the Illinois | 19 | | Department of Public Health
prior to the birth of the | 20 | | child.
| 21 | | (2) Unless otherwise determined by order of the Circuit | 22 | | Court, the child
shall be presumed to be the child of the | 23 | | gestational surrogate and of the gestational surrogate's | 24 | | husband, if any, if all requirements of subdivision (a)(1) | 25 | | are not
met
prior to the birth of the child. This | 26 | | presumption may be rebutted by clear and
convincing |
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| 1 | | evidence. The circuit court may order the gestational | 2 | | surrogate,
gestational surrogate's husband, intended | 3 | | mother, intended father, and child to
submit to such | 4 | | medical examinations and testing as the court deems
| 5 | | appropriate.
| 6 | | (b) Notwithstanding any other provisions of this Act, | 7 | | paternity established
in accordance with subsection (a) has the | 8 | | full force and effect of a judgment
entered under this Act and | 9 | | serves as a basis for seeking a child support order
without any | 10 | | further proceedings to establish paternity.
| 11 | | (c) A judicial or administrative proceeding to ratify | 12 | | paternity
established
in accordance with subsection (a) is | 13 | | neither required nor permitted.
| 14 | | (d) A signed acknowledgment of paternity entered under this | 15 | | Act or an administrative determination of paternity made | 16 | | pursuant to Section 10-17.7 of the Illinois Public Aid Code may | 17 | | be
challenged in court only on the basis of fraud, duress, or | 18 | | material mistake of
fact, with the burden of proof upon the | 19 | | challenging party. Pending outcome of
the challenge to the | 20 | | acknowledgment of paternity or administrative determination of | 21 | | paternity , the legal responsibilities of
the parties | 22 | | signatories shall remain in full force and effect, except upon | 23 | | order of the
court upon a showing of good cause. A party | 24 | | challenging an administrative determination of paternity made | 25 | | pursuant to Section 10-17.7 of the Illinois Public Aid Code | 26 | | must consent to and submit to deoxyribonucleic acid (DNA) |
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| 1 | | testing, in accordance with Department of Healthcare and Family | 2 | | Services rules, in order to challenge paternity.
| 3 | | (e) Once a parent and child relationship is established in | 4 | | accordance with
subsection (a), an order for support may be | 5 | | established pursuant to a petition
to establish an order for | 6 | | support by consent filed with the clerk of the
circuit court. A | 7 | | copy of the properly completed acknowledgment of parentage
form | 8 | | shall be attached to the petition. The petition shall ask that | 9 | | the
circuit court enter an order for support. The petition may | 10 | | ask that an order
for visitation, custody, or guardianship be | 11 | | entered. The filing and appearance
fees provided under the | 12 | | Clerks of Courts Act shall be waived for all cases in
which an | 13 | | acknowledgment of parentage form has been properly completed by | 14 | | the
parties and in which a petition to establish an order for | 15 | | support by consent
has been filed with the clerk of the circuit | 16 | | court. This subsection shall not
be construed to prohibit | 17 | | filing any petition for child support, visitation, or
custody | 18 | | under this Act, the Illinois Marriage and Dissolution of | 19 | | Marriage Act,
or the Non-Support Punishment Act. This | 20 | | subsection shall also not
be construed to prevent the | 21 | | establishment of
an administrative support order in cases | 22 | | involving persons receiving child
support enforcement services | 23 | | under Article X of the Illinois Public Aid Code.
| 24 | | (Source: P.A. 92-16, eff. 6-28-01; 93-921, eff. 1-1-05; | 25 | | 93-1095, eff. 3-29-05.)
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| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law.".
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