90th General Assembly
Summary of SB1259
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Senate Sponsors:
FAWELL.

House Sponsors:
PANKAU

Short description: 
PATERNITY-NATURAL FATHER-DNA                                               

Synopsis of Bill as introduced:
        Amends the Code of Civil Procedure.  Provides that a petition for      
   relief from any judgment establishing a parent and child  relationship      
   may  be  filed  at any time to declare the non-existence of the parent      
   and child  relationship  by  a  man  adjudicated  to  be  the  father.      
   Provides  that  an affidavit shall be attached to the petition stating      
   either (1) that the parties have submitted to DNA tests and  that  the      
   results  of  those  tests  show that there is a reasonable probability      
   that the plaintiff is not the parent  of  the  child,  with  a  report      
   containing  the  results of the test attached, or (2) that the affiant      
   is willing to submit to and pay for DNA tests, but  that  the  natural      
   mother or the child has refused to submit to such test.  Provides that      
   if, as a result of the DNA tests the plaintiff is determined not to be      
   the  father of the child, the adjudication of paternity and any orders      
   regarding custody, visitation, and future payments of support shall be      
   vacated.  Bars  actions  in  cases  in  which  the  paternity  of  the      
   petitioner  has  previously been established by a DNA test.  Effective      
   immediately.                                                                
        SENATE AMENDMENT NO. 1.                                                
          Deletes reference to:                                                
          735 ILCS 5/2-1401                                                    
          Adds reference to:                                                   
          750 ILCS 45/5                                                        
          750 ILCS 45/7                                                        
          750 ILCS 45/8                                                        
        Deletes everything. Amends the Illinois Parentage Act of 1984.         
   Provides that a presumption that a man is the natural father                
   of a child if he and the child's natural mother are or were married         
   and the child was conceived or born during the marriage or, after the       
   child's birth, he and the child's natural mother were married and the       
   man is named, with his consent, as the child's father on the child's        
   birth certificate is rebutted if it is shown by a DNA test that there       
   is a reasonable probability that the man is not the parent of the           
   child.  Provides that an action to declare the non-existence of the         
   parent and child relationship may be brought subsequent to an               
   adjudication of paternity by a man adjudicated to be the father and         
   the judgment may be vacated if, as a result of DNA tests, it is             
   discovered that the man adjudicated to be the father is not the             
   natural father of the child.  Provides that this action to declare the      
   non-existence of the parent and child relationship shall be barred if       
   brought more than 3 months after the effective date of this amendatory      
   Act of 1998 or 2 years after the petitioner obtains actual knowledge        
   of relevant facts, whichever is later, but not beyond the date the          
   child turns 18 years of age.  Effective immediately.                        
        SENATE AMENDMENT NO. 2.                                                
        Changes the provision that a presumption that a man is the             
   natural father of a child is rebutted if it is shown by a DNA               
   test that there is a reasonable probability that the man is not             
   the parent of the child to a provision that the presumption is              
   rebutted if it is shown that the man is not the natural father of           
   the child.                                                                  
        HOUSE AMENDMENT NO. 1.                                                 
          Deletes reference to:                                                
          750 ILCS 45/5                                                        
        Deletes everything.  Reinserts  the  language  of  the  engrossed      
   bill,  but  removes  changes  allowing  rebuttal  of  a presumption of      
   paternity if a DNA test shows that the man is not the  natural  father      
   of  the  child  and changes the time period after which action brought      
   under these amendatory provisions is barred from 3  months  after  the      
   effective  date of this amendatory Act to 6 months after the effective      
   date of this amendatory Act.  Effective immediately.                        
          FISCAL NOTE, AMENDED (Office of Ill. Courts)                         
          This bill will have no fiscal impact on the Judicial branch.         
          JUDICIAL NOTE, AMENDED                                               
          No decrease or increase in the need for the number of judges.        
          STATE MANDATES FISCAL NOTE, H-AM 1                                   
          SB 1259 fails to create a State mandate.                             
          HOME RULE NOTE, H-AM 1                                               
          The bill fails to preempt home rule authority.                       
 
Last action on Bill: PUBLIC ACT.............................. 90-0715

   Last action date: 98-08-07

           Location: Senate

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   1     SENATE -   2


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