Full Text of SB2093 94th General Assembly
SB2093 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB2093
Introduced 2/25/2005, by Sen. Kimberly A. Lightford SYNOPSIS AS INTRODUCED: |
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305 ILCS 5/10-17.7 |
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410 ILCS 535/12 |
from Ch. 111 1/2, par. 73-12 |
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 |
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Amends the Illinois Public Aid Code. Provides that the rules of the Illinois Department of Public Aid shall provide that every administrative determination of paternity, including those in which the mother and alleged father voluntarily acknowledge paternity in the form required by the Department, must be accompanied by genetic testing documentation supporting the determination. Provides that if an alleged father fails to respond to a notice, or fails to comply with an administrative order to submit to genetic testing, the Department may apply to the court for a summons and order compelling the alleged father to submit to genetic testing at a specified time and place. Provides that if the alleged father fails to comply with the summons or order, the Department may seek to enforce the court order with contempt proceedings. Amends the Illinois Parentage Act of 1984. Provides that in an action to declare the non-existence of the parent and child relationship and in any action to determine the existence of the father and child relationship, except those based upon the presumptions of paternity provided for the Act, the judgment shall not be rendered unless DNA tests have been conducted. Amends the Vital Records Act. Provides that voluntary acknowledgement of paternity must be accompanied by the results of DNA tests, conducted by an expert qualified as an examiner of blood or tissues types, showing the man to be the natural father of the child. Makes other changes.
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A BILL FOR
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SB2093 |
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| AN ACT concerning civil law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Public Aid Code is amended by | 5 |
| changing Section 10-17.7 as follows:
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| (305 ILCS 5/10-17.7)
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| Sec. 10-17.7. Administrative determination of paternity. | 8 |
| The Illinois
Department may provide by rule for the | 9 |
| administrative determination of
paternity by the Child and | 10 |
| Spouse Support Unit in cases involving applicants
for or | 11 |
| recipients of financial aid under Article IV of this Act and | 12 |
| other
persons who are given access to the child support
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| enforcement services of this
Article as provided in Section | 14 |
| 10-1, including persons similarly situated and
receiving | 15 |
| similar services in other states. The rules shall extend to | 16 |
| cases in
which the mother and alleged father voluntarily | 17 |
| acknowledge paternity in the
form required by the Illinois | 18 |
| Department or agree
to be bound by the results of genetic | 19 |
| testing or in which the alleged
father
has failed to respond to | 20 |
| a notification of support obligation issued under
Section 10-4 | 21 |
| and to cases of contested paternity. Any
presumption provided | 22 |
| for under the Illinois Parentage Act of
1984 shall apply to | 23 |
| cases in which paternity is determined under the rules of
the | 24 |
| Illinois Department. The rules shall provide for notice and an | 25 |
| opportunity
to be heard by the responsible relative and the | 26 |
| person receiving child support enforcement services under this | 27 |
| Article if paternity is
not
voluntarily acknowledged, and any | 28 |
| final administrative
decision rendered by the Illinois | 29 |
| Department shall be reviewed only under and
in accordance with | 30 |
| the Administrative Review Law. The rules shall provide that | 31 |
| every administrative determination of paternity, including | 32 |
| those in which the mother and alleged father voluntarily |
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| acknowledge paternity in the form required by the Illinois | 2 |
| Department, must be accompanied by genetic testing | 3 |
| documentation supporting the determination. Determinations of | 4 |
| paternity
made by the Illinois Department under the rules | 5 |
| authorized by this Section
shall
have the full force and effect | 6 |
| of a court judgment of paternity entered under
the Illinois | 7 |
| Parentage Act of 1984.
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| In determining paternity in contested cases, the Illinois | 9 |
| Department shall
conduct the evidentiary hearing in accordance | 10 |
| with Section 11 of the Parentage
Act of 1984, except that | 11 |
| references in that Section to "the court" shall be
deemed to | 12 |
| mean the Illinois Department's hearing officer in cases in | 13 |
| which
paternity is determined administratively by the Illinois | 14 |
| Department.
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| Whenever any alleged father fails to respond to a notice | 16 |
| served on him pursuant to Section 10-4 or fails to comply with | 17 |
| an administrative order to submit to genetic testing, the | 18 |
| Illinois Department may apply to a court of competent | 19 |
| jurisdiction for a summons and order compelling the alleged | 20 |
| father to submit to genetic testing at a specific time and | 21 |
| place, and upon the failure of the alleged father to comply, | 22 |
| the Illinois Department may seek to enforce the court order | 23 |
| with contempt proceedings.
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| Notwithstanding any other provision of this Article, a
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| default determination
of
paternity may be made if service of | 26 |
| the notice under Section 10-4 was made by
publication under the | 27 |
| rules for administrative paternity determination
authorized by | 28 |
| this Section. The rules as they pertain to service by
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| publication shall (i) be based on the provisions of Section | 30 |
| 2-206 and 2-207 of
the Code of Civil Procedure, (ii) provide | 31 |
| for service by publication in cases
in which
the whereabouts of | 32 |
| the alleged father are unknown after diligent location
efforts | 33 |
| by the Child and Spouse Support Unit, and (iii) provide for | 34 |
| publication
of a notice of default paternity determination in | 35 |
| the same manner that the
notice under Section 10-4 was | 36 |
| published.
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| The Illinois Department
may implement this Section through | 2 |
| the use of emergency rules in accordance
with Section 5-45 of | 3 |
| the Illinois Administrative Procedure Act. For purposes
of the | 4 |
| Illinois Administrative Procedure Act, the adoption of rules to
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| implement this Section shall be considered an emergency and | 6 |
| necessary for
the public interest, safety, and welfare.
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| (Source: P.A. 92-590, eff. 7-1-02.)
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| Section 10. The Vital Records Act is amended by changing | 9 |
| Section 12 as follows:
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| (410 ILCS 535/12) (from Ch. 111 1/2, par. 73-12)
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| Sec. 12. Live births; place of registration.
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| (1) Each live birth which occurs in this State shall be | 13 |
| registered
with the local or subregistrar of the district in | 14 |
| which the birth occurred
as provided in this Section, within 7 | 15 |
| days after the birth. When a
birth occurs on a moving | 16 |
| conveyance, the city, village, township, or road
district in | 17 |
| which the child is first removed from the conveyance shall be
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| considered the place of birth and a birth certificate shall be | 19 |
| filed in the
registration district in which the place is | 20 |
| located.
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| (2) When a birth occurs in an institution, the person in | 22 |
| charge of the
institution or his designated representative | 23 |
| shall obtain and record all
the personal and statistical | 24 |
| particulars relative to the parents of the
child that are | 25 |
| required to properly complete the live birth certificate; shall
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| secure the required
personal signatures on the hospital | 27 |
| worksheet; shall prepare the certificate
from this worksheet; | 28 |
| and shall file the certificate with the local
registrar. The | 29 |
| institution shall retain the hospital worksheet permanently or
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| as
otherwise specified by rule. The
physician in attendance | 31 |
| shall verify or provide the date of birth and
medical | 32 |
| information required by the certificate, within 24 hours after | 33 |
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birth occurs.
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| (3) When a birth occurs outside an institution, the |
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| certificate shall be
prepared and filed by one of the following | 2 |
| in the indicated order of
priority:
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| (a) The physician in attendance at or immediately after | 4 |
| the birth, or in
the absence of such a person,
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| (b) Any other person in attendance at or immediately | 6 |
| after the birth, or
in the absence of such a person,
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| (c) The father, the mother, or in the absence of the | 8 |
| father and the
inability of the mother, the person in | 9 |
| charge of the premises where the
birth occurred.
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| (4) Unless otherwise provided in this Act, if the mother | 11 |
| was not married
to the father of the child at either the time | 12 |
| of conception or the time of
birth, the name of the father | 13 |
| shall be entered on the child's
birth certificate only if the | 14 |
| mother and the person to be named as the father
have signed an | 15 |
| acknowledgment of parentage in accordance with subsection (5).
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| Unless otherwise provided in this Act, if the mother was | 17 |
| married at the time
of conception or birth and the presumed | 18 |
| father (that is, the mother's husband)
is not the biological | 19 |
| father of the child, the name of the
biological father shall be | 20 |
| entered on the child's birth certificate only if, in
accordance | 21 |
| with subsection (5), (i)
the mother and the person to be named | 22 |
| as the father have signed an
acknowledgment of parentage and | 23 |
| (ii) the mother and presumed father have signed
a denial of | 24 |
| paternity.
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| (5) Upon the birth of a child to an unmarried woman, or | 26 |
| upon the birth of
a child to a woman who was married at the time | 27 |
| of conception or birth and whose
husband is not the biological | 28 |
| father of the child, the institution at the time
of birth and | 29 |
| the local registrar or county clerk after the birth shall do | 30 |
| the
following:
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| (a) Provide (i) an opportunity for the child's mother | 32 |
| and father to sign
an acknowledgment of parentage and (ii) | 33 |
| if the presumed father is not the
biological father, an | 34 |
| opportunity for the mother and presumed father to sign a
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| denial of paternity. The signing and witnessing of the | 36 |
| acknowledgment of
parentage or, if the presumed father of |
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| the child is not the biological father,
the acknowledgment | 2 |
| of parentage and denial of paternity conclusively
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| establishes a parent and child relationship in accordance | 4 |
| with Sections 5 and 6
of the Illinois Parentage Act of | 5 |
| 1984.
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| The acknowledgment of parentage shall be effective | 7 |
| only if the acknowledgment is accompanied by results of | 8 |
| deoxyribonucleic acid (DNA) tests, conducted by an expert | 9 |
| qualified as an examiner of blood or tissues types, showing | 10 |
| the man to be the natural father of the child.
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| The Illinois Department of Public Aid shall furnish
the | 12 |
| acknowledgment of parentage and denial of paternity form to | 13 |
| institutions,
county clerks, and State and local | 14 |
| registrars' offices. The form shall
include
instructions | 15 |
| to send the
original signed and witnessed acknowledgment of | 16 |
| parentage and denial of
paternity to the Illinois | 17 |
| Department of Public Aid.
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| (b) Provide the following documents, furnished by the | 19 |
| Illinois Department
of Public Aid, to the child's mother, | 20 |
| biological father, and (if the person
presumed to be the | 21 |
| child's father is not the biological father) presumed | 22 |
| father
for their review at
the time the opportunity is | 23 |
| provided to establish a parent and child
relationship:
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| (i) An explanation of the implications of, | 25 |
| alternatives to, legal
consequences of, and the rights | 26 |
| and responsibilities
that arise from signing an
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| acknowledgment of parentage and, if necessary, a | 28 |
| denial of
paternity, including an explanation of the | 29 |
| parental rights and
responsibilities of child support, | 30 |
| visitation, custody, retroactive support,
health | 31 |
| insurance coverage, and payment of birth expenses.
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| (ii) An explanation of the benefits of having a | 33 |
| child's parentage
established and the availability of | 34 |
| parentage establishment and child
support
enforcement | 35 |
| services.
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| (iii) A request for an application for child |
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| support enforcement
services from
the Illinois
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| Department of Public Aid.
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| (iv) Instructions concerning the opportunity to | 4 |
| speak, either by
telephone or in person, with staff of
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| the Illinois Department of Public Aid who are trained | 6 |
| to clarify information
and answer questions about | 7 |
| paternity establishment.
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| (v) Instructions for completing and signing the | 9 |
| acknowledgment of
parentage and denial of paternity.
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| (c) Provide an oral explanation of the documents and | 11 |
| instructions set
forth in subdivision (5)(b), including an | 12 |
| explanation of the implications of,
alternatives to, legal | 13 |
| consequences of, and the rights and responsibilities
that | 14 |
| arise from signing an acknowledgment of parentage and, if | 15 |
| necessary, a
denial of paternity. The oral explanation may | 16 |
| be given in person or through
the use of video or audio | 17 |
| equipment.
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| (6) The institution, State or local registrar, or county | 19 |
| clerk shall provide
an
opportunity for the child's father or | 20 |
| mother to sign a rescission of parentage.
The signing and | 21 |
| witnessing of the rescission of parentage voids the
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| acknowledgment of parentage and nullifies the presumption of | 23 |
| paternity if
executed and filed with the Illinois Department of | 24 |
| Public Aid within the
time frame contained in Section 5
of the | 25 |
| Illinois Parentage Act of 1984.
The Illinois Department of | 26 |
| Public Aid shall furnish the rescission of parentage
form to | 27 |
| institutions, county clerks, and State and local registrars' | 28 |
| offices.
The form shall include instructions to send the | 29 |
| original signed and witnessed
rescission of parentage to the | 30 |
| Illinois Department of Public Aid.
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| (7) An acknowledgment of paternity signed pursuant to | 32 |
| Section 6 of the
Illinois Parentage Act of 1984 may be | 33 |
| challenged in court only on the basis of
fraud, duress, or | 34 |
| material mistake of fact, with the burden of proof upon the
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| challenging party. Pending outcome of a challenge to the | 36 |
| acknowledgment of
paternity, the legal responsibilities of the |
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| signatories shall remain in full
force and effect, except upon | 2 |
| order of the court upon a showing of good cause.
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| (8) When the process for acknowledgment of parentage as | 4 |
| provided for under
subsection (5) establishes the paternity of | 5 |
| a child whose certificate of birth
is on file in
another state, | 6 |
| the Illinois Department of Public Aid shall forward a copy of
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| the
acknowledgment of parentage, the denial of paternity, if | 8 |
| applicable, and the
rescission of parentage, if applicable, to | 9 |
| the birth record agency of the state
where the child's | 10 |
| certificate of birth is on file.
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| (9) In the event the parent-child relationship has been | 12 |
| established in
accordance with subdivision (a)(1) of Section 6 | 13 |
| of the Parentage Act of 1984,
the names of the biological | 14 |
| mother and biological father so established shall
be entered on | 15 |
| the child's birth certificate, and the names of the surrogate
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| mother and surrogate mother's husband, if any, shall not be on | 17 |
| the birth
certificate.
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| (Source: P.A. 91-308, eff. 7-29-99; 92-590, eff. 7-1-02.)
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| Section 15. The Illinois Parentage Act of 1984 is amended | 20 |
| by changing Sections 5, 6, and 7 as follows:
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| (750 ILCS 45/5) (from Ch. 40, par. 2505)
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| Sec. 5. Presumption of Paternity.
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| (a) A man is presumed to be the
natural father of a child | 24 |
| if:
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| (1) he and the child's natural mother are or have been | 26 |
| married to each
other, even though the marriage is or could | 27 |
| be declared invalid, and the child
is born or conceived | 28 |
| during such marriage;
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| (2) after the child's birth, he and the child's natural | 30 |
| mother have
married each other, even though the marriage is | 31 |
| or could be declared invalid,
and he is named, with his | 32 |
| written consent, as the child's father on the
child's birth | 33 |
| certificate;
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| (3) he and the child's natural mother have signed an |
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| acknowledgment of
paternity in accordance with rules | 2 |
| adopted by the Illinois Department of
Public Aid under | 3 |
| Section 10-17.7 of the Illinois Public Aid Code; or
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| (4) he and the child's natural mother have signed an | 5 |
| acknowledgment of
parentage or, if the natural father is | 6 |
| someone other than one presumed to be
the father under this | 7 |
| Section, an acknowledgment of parentage and denial of
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| paternity in accordance
with
Section 12 of the Vital | 9 |
| Records Act.
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| (b) A presumption under subdivision (a)(1) or (a)(2) of | 11 |
| this Section may
be rebutted only by clear and convincing | 12 |
| evidence. A presumption under
subdivision (a)(3) or (a)(4) is | 13 |
| conclusive, unless the acknowledgment of
parentage is | 14 |
| rescinded under the process
provided in Section 12 of the Vital | 15 |
| Records Act,
upon the earlier
of:
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| (1) 60 days after the date the acknowledgment of | 17 |
| parentage is signed, or
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| (2) the date of an administrative or judicial | 19 |
| proceeding relating to the
child (including a proceeding to | 20 |
| establish a support order) in which the
signatory is a | 21 |
| party;
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| except that if a minor has signed the
acknowledgment of | 23 |
| paternity or acknowledgment of parentage and denial of
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| paternity, the presumption becomes conclusive 6 months after | 25 |
| the minor reaches
majority or is otherwise emancipated.
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| (c) The presumptions in items (3) and (4) of subsection (a) | 27 |
| of this Section shall be effective only if the acknowledgment | 28 |
| of paternity is accompanied by results of deoxyribonucleic acid | 29 |
| (DNA) tests, conducted by an expert qualified as an examiner of | 30 |
| blood or tissues types, showing the man to be the natural | 31 |
| father of the child.
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| (Source: P.A. 89-641, eff. 8-9-96; 90-18, eff. 7-1-97.)
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| (750 ILCS 45/6) (from Ch. 40, par. 2506)
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| Sec. 6. Establishment of Parent and Child Relationship by | 35 |
| Consent of
the Parties. |
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| (a) A parent and child relationship may be established | 2 |
| voluntarily by the
signing and witnessing of a voluntary | 3 |
| acknowledgment of parentage in accordance
with Section 12 of | 4 |
| the Vital Records Act or
, Section 10-17.7 of the Illinois
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| Public Aid Code, provided it is accompanied by the results of | 6 |
| deoxyribonucleic acid (DNA) tests, conducted by an expert | 7 |
| qualified as an examiner of blood and tissue types, showing the | 8 |
| man to be the natural father of the child, or the provisions of | 9 |
| the Gestational Surrogacy Act.
The voluntary acknowledgment of | 10 |
| parentage shall contain the social security
numbers of the | 11 |
| persons signing the voluntary acknowledgment of parentage;
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| however,
failure to include the
social security numbers of the | 13 |
| persons signing a voluntary acknowledgment of
parentage does | 14 |
| not
invalidate the voluntary acknowledgment of parentage.
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| (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:
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| (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.
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| (B) The husband, if any, of the gestational
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| surrogate certifies that he is
not the biological | 23 |
| father of the child.
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| (C) The intended mother certifies that she | 25 |
| provided or an egg donor donated the egg from which
the | 26 |
| child being carried by the gestational surrogate was | 27 |
| conceived.
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| (D) The intended father certifies that he provided | 29 |
| or a sperm donor donated the sperm from which
the child | 30 |
| being carried by the gestational
surrogate was | 31 |
| conceived.
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| (E) A physician licensed to practice medicine in | 33 |
| all its branches in the
State of Illinois certifies | 34 |
| that the child being carried by the gestational
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| surrogate
is the biological child of the intended | 36 |
| mother and
intended father and that neither the |
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| gestational
surrogate nor the
gestational surrogate's | 2 |
| husband, if any, is a biological parent of the child | 3 |
| being
carried by the gestational surrogate.
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| (E-5) The attorneys for the intended parents and | 5 |
| the gestational surrogate each certifies that the | 6 |
| parties entered into a gestational surrogacy contract | 7 |
| intended to satisfy the requirements of Section 25 of | 8 |
| the Gestational Surrogacy Act with respect to the | 9 |
| child.
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| (F) All certifications shall be in writing and | 11 |
| witnessed by 2 competent
adults who are not the | 12 |
| gestational surrogate, gestational surrogate's | 13 |
| husband, if any,
intended mother, or intended father. | 14 |
| Certifications shall be on forms
prescribed by the | 15 |
| Illinois Department of Public Health, shall be | 16 |
| executed prior
to the birth of the child, and shall be | 17 |
| placed in the medical records of the
gestational
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| surrogate prior to the birth of the child. Copies of | 19 |
| all
certifications shall be delivered to the Illinois | 20 |
| Department of Public Health
prior to the birth of the | 21 |
| child.
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| (2) Unless otherwise determined by order of the Circuit | 23 |
| Court, the child
shall be presumed to be the child of the | 24 |
| gestational surrogate and of the gestational surrogate's | 25 |
| husband, if any, if all requirements of subdivision (a)(1) | 26 |
| are not
met
prior to the birth of the child. This | 27 |
| presumption may be rebutted by clear and
convincing | 28 |
| evidence. The circuit court may order the gestational | 29 |
| surrogate,
gestational surrogate's husband, intended | 30 |
| mother, intended father, and child to
submit to such | 31 |
| medical examinations and testing as the court deems
| 32 |
| appropriate.
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| (b) Notwithstanding any other provisions of this Act, | 34 |
| paternity established
in accordance with subsection (a) has the | 35 |
| full force and effect of a judgment
entered under this Act and | 36 |
| serves as a basis for seeking a child support order
without any |
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| further proceedings to establish paternity.
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| (c) A judicial or administrative proceeding to ratify | 3 |
| paternity
established
in accordance with subsection (a) is | 4 |
| neither required nor permitted.
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| (d) A signed acknowledgment of paternity entered under this | 6 |
| Act may be
challenged in court only on the basis of fraud, | 7 |
| duress, or material mistake of
fact, with the burden of proof | 8 |
| upon the challenging party. Pending outcome of
the challenge to | 9 |
| the acknowledgment of paternity, the legal responsibilities of
| 10 |
| the signatories shall remain in full force and effect, except | 11 |
| upon order of the
court upon a showing of good cause.
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| (e) Once a parent and child relationship is established in | 13 |
| accordance with
subsection (a), an order for support may be | 14 |
| established pursuant to a petition
to establish an order for | 15 |
| support by consent filed with the clerk of the
circuit court. A | 16 |
| copy of the properly completed acknowledgment of parentage
form | 17 |
| shall be attached to the petition. The petition shall ask that | 18 |
| the
circuit court enter an order for support. The petition may | 19 |
| ask that an order
for visitation, custody, or guardianship be | 20 |
| entered. The filing and appearance
fees provided under the | 21 |
| Clerks of Courts Act shall be waived for all cases in
which an | 22 |
| acknowledgment of parentage form has been properly completed by | 23 |
| the
parties and in which a petition to establish an order for | 24 |
| support by consent
has been filed with the clerk of the circuit | 25 |
| court. This subsection shall not
be construed to prohibit | 26 |
| filing any petition for child support, visitation, or
custody | 27 |
| under this Act, the Illinois Marriage and Dissolution of | 28 |
| Marriage Act,
or the Non-Support Punishment Act. This | 29 |
| subsection shall also not
be construed to prevent the | 30 |
| establishment of
an administrative support order in cases | 31 |
| involving persons receiving child
support enforcement services | 32 |
| under Article X of the Illinois Public Aid Code.
| 33 |
| (Source: P.A. 92-16, eff. 6-28-01; 93-921, eff. 1-1-05.)
| 34 |
| (750 ILCS 45/7) (from Ch. 40, par. 2507)
| 35 |
| Sec. 7. Determination of Father and Child Relationship; Who |
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| May Bring
Action; Parties.
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| (a) An action to determine the existence of the father and | 3 |
| child
relationship, whether or not such a relationship is | 4 |
| already presumed under
Section 5 of this Act, may be brought by | 5 |
| the child; the mother; a pregnant
woman; any person or public | 6 |
| agency who has custody of, or is providing or has
provided | 7 |
| financial support to, the child; the Illinois Department of | 8 |
| Public
Aid if it is providing or has provided financial support | 9 |
| to the child or if it
is assisting with child support | 10 |
| collection services; or a man presumed or
alleging himself
to | 11 |
| be the father of the child or expected child. The complaint | 12 |
| shall be
verified and shall name the person or persons alleged | 13 |
| to be the father of the
child.
| 14 |
| (b) An action to declare the non-existence of the parent | 15 |
| and child
relationship may be brought by the child, the natural | 16 |
| mother, or a man
presumed to be the father under subdivision | 17 |
| (a)(1) or (a)(2) of Section 5
of this Act. Actions brought by | 18 |
| the child, the natural mother
or a presumed father shall be | 19 |
| brought by verified complaint.
| 20 |
| After the presumption that a man presumed to be the father | 21 |
| under
subdivision (a)(1) or (a)(2) of Section 5
has been | 22 |
| rebutted, paternity of the
child by another man may be | 23 |
| determined in the same action, if he has been made
a party.
| 24 |
| (b-5) An action to declare the non-existence of the parent | 25 |
| and child
relationship may be brought subsequent to an | 26 |
| adjudication of paternity in any
judgment by the man | 27 |
| adjudicated to be the father pursuant to the presumptions
in | 28 |
| Section 5 of this Act if, as a result of deoxyribonucleic acid | 29 |
| (DNA) tests,
it
is discovered that the man adjudicated to be | 30 |
| the father is not the natural
father of the child. Actions | 31 |
| brought by the adjudicated father shall be
brought by verified | 32 |
| complaint. If, as a result of the deoxyribonucleic acid
(DNA) | 33 |
| tests, the plaintiff is determined not to be the father of the | 34 |
| child, the
adjudication of paternity and any orders regarding | 35 |
| custody, visitation, and
future payments of support may be | 36 |
| vacated.
|
|
|
|
SB2093 |
- 13 - |
LRB094 10879 LCB 41423 b |
|
| 1 |
| (b-7) In an action to declare the non-existence of the | 2 |
| parent and child relationship and in any action to determine | 3 |
| the existence of the father and child relationship, except | 4 |
| those based upon the presumptions in Section 5 of this Act, the | 5 |
| judgment shall not be rendered unless deoxyribonucleic acid | 6 |
| (DNA) tests have been conducted pursuant to Section 11 of this | 7 |
| Act.
| 8 |
| (c) If any party is a minor, he or she may be represented | 9 |
| by his or her
general guardian or a guardian ad litem appointed | 10 |
| by the court, which may
include an appropriate agency. The | 11 |
| court may align the parties.
| 12 |
| (d) Regardless of its terms, an agreement, other than a | 13 |
| settlement
approved by the court, between an alleged or | 14 |
| presumed father and the mother
or child, does not bar an action | 15 |
| under this Section.
| 16 |
| (e) If an action under this Section is brought before the | 17 |
| birth of the
child, all proceedings shall be stayed until after | 18 |
| the birth, except for
service or process, the taking of | 19 |
| depositions to perpetuate testimony, and
the ordering of blood | 20 |
| tests under appropriate circumstances.
| 21 |
| (Source: P.A. 89-674, eff. 8-14-96; 90-18, eff. 7-1-97; 90-715, | 22 |
| eff.
8-7-98.)
|
|