Illinois General Assembly - Full Text of SB1867
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Full Text of SB1867  98th General Assembly


Sen. Chapin Rose

Filed: 3/15/2013





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2    AMENDMENT NO. ______. Amend Senate Bill 1867 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Illinois Parentage Act of 1984 is amended
5by 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
8Consent of the Parties.
9    (a) A parent and child relationship may be established
10voluntarily by the signing and witnessing of a voluntary
11acknowledgment of parentage in accordance with Section 12 of
12the Vital Records Act, Section 10-17.7 of the Illinois Public
13Aid Code, or the provisions of the Gestational Surrogacy Act.
14The voluntary acknowledgment of parentage shall contain the
15social security numbers of the persons signing the voluntary
16acknowledgment of parentage; however, failure to include the



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1social security numbers of the persons signing a voluntary
2acknowledgment of parentage does not invalidate the voluntary
3acknowledgment 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,
7paternity established in accordance with subsection (a) has the
8full force and effect of a judgment entered under this Act and
9serves as a basis for seeking a child support order without any
10further proceedings to establish paternity.
11    (c) A judicial or administrative proceeding to ratify
12paternity established in accordance with subsection (a) is
13neither required nor permitted.
14    (d) A signed acknowledgment of paternity entered under this
15Act or an administrative determination of paternity made
16pursuant to Section 10-17.7 of the Illinois Public Aid Code may
17be challenged in court only on the basis of fraud, duress, or
18material mistake of fact, with the burden of proof upon the
19challenging party. Pending outcome of the challenge to the
20acknowledgment of paternity or administrative determination of
21paternity, the legal responsibilities of the parties
22signatories shall remain in full force and effect, except upon
23order of the court upon a showing of good cause. A party
24challenging an administrative determination of paternity made
25pursuant to Section 10-17.7 of the Illinois Public Aid Code
26must consent to and submit to deoxyribonucleic acid (DNA)



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1testing, in accordance with Department of Healthcare and Family
2Services rules, in order to challenge paternity.
3    (e) Once a parent and child relationship is established in
4accordance with subsection (a), an order for support may be
5established pursuant to a petition to establish an order for
6support by consent filed with the clerk of the circuit court. A
7copy of the properly completed acknowledgment of parentage form
8shall be attached to the petition. The petition shall ask that
9the circuit court enter an order for support. The petition may
10ask that an order for visitation, custody, or guardianship be
11entered. The filing and appearance fees provided under the
12Clerks of Courts Act shall be waived for all cases in which an
13acknowledgment of parentage form has been properly completed by
14the parties and in which a petition to establish an order for
15support by consent has been filed with the clerk of the circuit
16court. This subsection shall not be construed to prohibit
17filing any petition for child support, visitation, or custody
18under this Act, the Illinois Marriage and Dissolution of
19Marriage Act, or the Non-Support Punishment Act. This
20subsection shall also not be construed to prevent the
21establishment of an administrative support order in cases
22involving persons receiving child support enforcement services
23under Article X of the Illinois Public Aid Code.
24(Source: P.A. 92-16, eff. 6-28-01; 93-921, eff. 1-1-05;
2593-1095, eff. 3-29-05.)



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1    Section 99. Effective date. This Act takes effect upon
2becoming law.".