[ Home ] [ ILCS ] [ Search ] [ Bottom ]
[ Other General Assemblies ]
Public Act 91-0308
HB1370 Enrolled LRB9103536SMdv
AN ACT regarding surrogate parents.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Vital Records Act is amended by changing
Section 12 as follows:
(410 ILCS 535/12) (from Ch. 111 1/2, par. 73-12)
Sec. 12. Live births; place of registration.
(1) Each live birth which occurs in this State shall be
registered with the local or subregistrar of the district in
which the birth occurred as provided in this Section, within
7 days after the birth. When a birth occurs on a moving
conveyance, the city, village, township, or road district in
which the child is first removed from the conveyance shall be
considered the place of birth and a birth certificate shall
be filed in the registration district in which the place is
located.
(2) When a birth occurs in an institution, the person in
charge of the institution or his designated representative
shall obtain and record all the personal and statistical
particulars relative to the parents of the child that are
required to properly complete the live birth certificate;
shall secure the required personal signatures on the hospital
worksheet; shall prepare the certificate from this worksheet;
and shall file the certificate with the local registrar. The
institution shall retain the hospital worksheet permanently
or as otherwise specified by rule. The physician in
attendance shall verify or provide the date of birth and
medical information required by the certificate, within 24
hours after the birth occurs.
(3) When a birth occurs outside an institution, the
certificate shall be prepared and filed by one of the
following in the indicated order of priority:
(a) The physician in attendance at or immediately
after the birth, or in the absence of such a person,
(b) Any other person in attendance at or
immediately after the birth, or in the absence of such a
person,
(c) The father, the mother, or in the absence of
the father and the inability of the mother, the person in
charge of the premises where the birth occurred.
(4) Unless otherwise provided in this Act, if the mother
was not married to the father of the child at either the time
of conception or the time of birth, the name of the father
shall be entered on the child's birth certificate only if the
mother and the person to be named as the father have signed
an acknowledgment of parentage in accordance with subsection
(5).
Unless otherwise provided in this Act, if the mother was
married at the time of conception or birth and the presumed
father (that is, the mother's husband) is not the biological
father of the child, the name of the biological father shall
be entered on the child's birth certificate only if, in
accordance with subsection (5), (i) the mother and the person
to be named as the father have signed an acknowledgment of
parentage and (ii) the mother and presumed father have signed
a denial of paternity.
(5) Upon the birth of a child to an unmarried woman, or
upon the birth of a child to a woman who was married at the
time of conception or birth and whose husband is not the
biological father of the child, the institution at the time
of birth and the local registrar or county clerk after the
birth shall do the following:
(a) Provide (i) an opportunity for the child's
mother and father to sign an acknowledgment of parentage
and (ii) if the presumed father is not the biological
father, an opportunity for the mother and presumed father
to sign a denial of paternity. The signing and
witnessing of the acknowledgment of parentage or, if the
presumed father of the child is not the biological
father, the acknowledgment of parentage and denial of
paternity conclusively establishes a parent and child
relationship in accordance with Sections 5 and 6 of the
Illinois Parentage Act of 1984.
The Illinois Department of Public Aid shall furnish
the acknowledgment of parentage and denial of paternity
form to institutions, county clerks, and State and local
registrars' offices. The form shall include instructions
to send the original signed and witnessed acknowledgment
of parentage and denial of paternity to the Illinois
Department of Public Aid.
(b) Provide the following documents, furnished by
the Illinois Department of Public Aid, to the child's
mother, biological father, and (if the person presumed to
be the child's father is not the biological father)
presumed father for their review at the time the
opportunity is provided to establish a parent and child
relationship:
(i) An explanation of the implications of,
alternatives to, legal consequences of, and the
rights and responsibilities that arise from signing
an acknowledgment of parentage and, if necessary, a
denial of paternity, including an explanation of the
parental rights and responsibilities of child
support, visitation, custody, retroactive support,
health insurance coverage, and payment of birth
expenses.
(ii) An explanation of the benefits of having
a child's parentage established and the availability
of parentage establishment and support enforcement
services.
(iii) A request for an application for child
support services from the Illinois Department of
Public Aid.
(iv) Instructions concerning the opportunity
to speak, either by telephone or in person, with
staff of the Illinois Department of Public Aid who
are trained to clarify information and answer
questions about paternity establishment.
(v) Instructions for completing and signing
the acknowledgment of parentage and denial of
paternity.
(c) Provide an oral explanation of the documents
and instructions set forth in subdivision (5)(b),
including an explanation of the implications of,
alternatives to, legal consequences of, and the rights
and responsibilities that arise from signing an
acknowledgment of parentage and, if necessary, a denial
of paternity. The oral explanation may be given in
person or through the use of video or audio equipment.
(6) The institution, State or local registrar, or county
clerk shall provide an opportunity for the child's father or
mother to sign a rescission of parentage. The signing and
witnessing of the rescission of parentage voids the
acknowledgment of parentage and nullifies the presumption of
paternity if executed and filed with the Illinois Department
of Public Aid within the time frame contained in Section 5 of
the Illinois Parentage Act of 1984. The Illinois Department
of Public Aid shall furnish the rescission of parentage form
to institutions, county clerks, and State and local
registrars' offices. The form shall include instructions to
send the original signed and witnessed rescission of
parentage to the Illinois Department of Public Aid.
(7) An acknowledgment of paternity signed pursuant to
Section 6 of the Illinois Parentage Act of 1984 may be
challenged in court only on the basis of fraud, duress, or
material mistake of fact, with the burden of proof upon the
challenging party. Pending outcome of a challenge to the
acknowledgment of paternity, the legal responsibilities of
the signatories shall remain in full force and effect, except
upon order of the court upon a showing of good cause.
(8) When the process for acknowledgment of parentage as
provided for under subsection (5) establishes the paternity
of a child whose certificate of birth is on file in another
state, the Illinois Department of Public Aid shall forward a
copy of the acknowledgment of parentage, the denial of
paternity, if applicable, and the rescission of parentage, if
applicable, to the birth record agency of the state where the
child's certificate of birth is on file.
(9) In the event the parent-child relationship has been
established in accordance with subdivision (a)(1) of Section
6 of the Parentage Act of 1984, the names of the biological
mother and biological father so established shall be entered
on the child's birth certificate, and the names of the
surrogate mother and surrogate mother's husband, if any,
shall not be on the birth certificate.
(Source: P.A. 89-641, eff. 8-9-96; 90-18, eff. 7-1-97;
90-790, eff. 8-14-98.)
Section 10. The Illinois Parentage Act of 1984 is
amended by changing Section 6 as follows:
(750 ILCS 45/6) (from Ch. 40, par. 2506)
Sec. 6. Establishment of Parent and Child Relationship
by Consent of the Parties.
(a) A parent and child relationship may be established
voluntarily by the signing and witnessing of a voluntary
acknowledgment of parentage in accordance with Section 12 of
the Vital Records Act or Section 10-17.7 of the Illinois
Public Aid Code. The voluntary acknowledgment of parentage
shall contain the social security numbers of the persons
signing the voluntary acknowledgment of parentage; however,
failure to include the social security numbers of the persons
signing a voluntary acknowledgment of parentage does not
invalidate the voluntary acknowledgment of parentage.
(1) A parent-child relationship may be established
in the event of surrogacy if all of the following
conditions are met prior to the birth of the child:
(A) The surrogate mother certifies that she is
not the biological mother of the child, and that she
is carrying the child of the biological father
(sperm donor) and of the biological mother (egg
donor).
(B) The husband, if any, of the surrogate
mother certifies that he is not the biological
father of the child and that the child is that of
the biological father (sperm donor) and of the
biological mother (egg donor).
(C) The biological mother certifies that she
donated the egg from which the child being carried
by the surrogate mother was conceived.
(D) The biological father certifies that he
donated the sperm from which the child being carried
by the surrogate mother was conceived.
(E) A physician licensed to practice medicine
in all its branches in the State of Illinois
certifies that the child being carried by the
surrogate mother is the biological child of the
biological mother (egg donor) and biological father
(sperm donor), and that neither the surrogate mother
nor the surrogate mother's husband, if any, is a
biological parent of the child being carried by the
surrogate mother.
(F) All certifications shall be in writing and
witnessed by 2 competent adults who are not the
surrogate mother, surrogate mother's husband, if
any, biological mother, or biological father.
Certifications shall be on forms prescribed by the
Illinois Department of Public Health, shall be
executed prior to the birth of the child, and shall
be placed in the medical records of the surrogate
mother prior to the birth of the child. Copies of
all certifications shall be delivered to the
Illinois Department of Public Health prior to the
birth of the child.
(2) Unless otherwise determined by order of the
Circuit Court, the child shall be presumed to be the
child of the surrogate mother and of the surrogate
mother's husband, if any, if all requirements of
subdivision (a)(1) are not met prior to the birth of the
child. This presumption may be rebutted by clear and
convincing evidence. The circuit court may order the
surrogate mother, surrogate mother's husband, biological
mother, biological father, and child to submit to such
medical examinations and testing as the court deems
appropriate.
(b) Notwithstanding any other provisions of this Act,
paternity established in accordance with subsection (a) has
the full force and effect of a judgment entered under this
Act and serves as a basis for seeking a child support order
without any further proceedings to establish paternity.
(c) A judicial or administrative proceeding to ratify
paternity established in accordance with subsection (a) is
neither required nor permitted.
(d) A signed acknowledgment of paternity entered under
this Act may be challenged in court only on the basis of
fraud, duress, or material mistake of fact, with the burden
of proof upon the challenging party. Pending outcome of the
challenge to the acknowledgment of paternity, the legal
responsibilities of the signatories shall remain in full
force and effect, except upon order of the court upon a
showing of good cause.
(e) Once a parent and child relationship is established
in accordance with subsection (a), an order for support may
be established pursuant to a petition to establish an order
for support by consent filed with the clerk of the circuit
court. A copy of the properly completed acknowledgment of
parentage form shall be attached to the petition. The
petition shall ask that the circuit court enter an order for
support. The petition may ask that an order for visitation,
custody, or guardianship be entered. The filing and
appearance fees provided under the Clerks of Courts Act shall
be waived for all cases in which an acknowledgment of
parentage form has been properly completed by the parties and
in which a petition to establish an order for support by
consent has been filed with the clerk of the circuit court.
This subsection shall not be construed to prohibit filing any
petition for child support, visitation, or custody under this
Act, the Illinois Marriage and Dissolution of Marriage Act,
or the Non-Support of Spouse and Children Act. This
subsection shall also not be construed to prevent the
establishment of an administrative support order in cases
involving persons receiving child support enforcement
services under Article X of the Illinois Public Aid Code.
(Source: P.A. 89-641, eff. 8-9-96; 90-18, eff. 7-1-97.)
Section 99. Effective date. This Act takes effect upon
becoming law.
[ Top ]