How do I establish paternity in Illinois?
The Illinois Parentage Act of 2015 (750 ILCS 46) replaced the 1984 Act and consolidates parentage rules.
1. Voluntary Acknowledgment of Parentage (VAP)
Form HFS 3416B is signed at the birthing hospital or later through HFS Child Support Services. Under 750 ILCS 46/305 the VAP has "the full force and effect of a judgment entered under this Act" once filed with HFS. Either signer may rescind within the earlier of 60 days or the date of a court or administrative proceeding (§ 46/307). After that, the VAP may only be challenged for fraud, duress, or material mistake of fact, generally within 2 years (§ 46/309).
2. Court-Ordered Paternity
A petition to adjudicate parentage may be filed by the mother, alleged father, child (through representative), or HFS in the circuit court (§ 46/602). Under § 46/401 and 42 U.S.C. § 666(a)(5)(B) the court orders genetic testing on a sworn allegation; results of 99.9% or greater create a rebuttable presumption (§ 46/405).
3. Presumption of Paternity
Under 750 ILCS 46/204 a person is presumed the parent if married to (or in a civil union with) the mother at birth or within 300 days before birth, or if married after birth and acknowledged parentage in writing. The presumption may be rebutted only by clear and convincing evidence; a presumed parent generally has 2 years from learning relevant facts to bring an action (§ 46/607).
4. Effects of Establishing Paternity
Triggers a child-support obligation under 750 ILCS 5/505, opens allocation of parental responsibilities and parenting time (5/600 et seq.), vests intestate inheritance (755 ILCS 5/2-2), supports a birth-certificate amendment via IDPH Vital Records (VR 175), and qualifies the child for SSA and VA benefits.
5. Special Situations
Same-sex spouses and civil-union partners are both covered by § 46/204. Gestational surrogacy is governed by the Gestational Surrogacy Act, 750 ILCS 47. Donors are not parents under § 46/702. Posthumous parentage is recognized under § 46/204(c).
This is legal information, not legal advice.
- VAP challenge filed beyond the 2-year fraud window of § 46/309
- Gestational-surrogacy parentage order under 750 ILCS 47
- Presumed-parent dispute involving a civil-union or same-sex spouse
- 750 ILCS 46/204
- 750 ILCS 46/305
- 750 ILCS 46/307
- 750 ILCS 46/401
- 750 ILCS 46/607
- 42 U.S.C. § 666(a)(5)(B)
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.