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 END OF INQUIRY Full Text Bill Status