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How Is Paternity Established in Illinois?
Paternity is an important concept for Illinois residents to grasp, as it gives parents the right to seek custody rights. If paternity is not established, it can have significant implications for the parents as well as the child. If you have any questions about how paternity is addressed in Illinois, reach out to a Kane County, IL parentage lawyer for assistance.
At Shaw Sanders, P.C., we are well-versed in the laws surrounding parentage in Illinois, particularly the updated laws that went into effect in 2016. Moreover, our attorneys are not just knowledgeable, but practiced as well. Attorney Matt Shaw has over 30 years of legal experience, and across his career, he has appeared in multiple publications and seminars educating other lawyers about family law.
Three Ways of Establishing Paternity in Illinois
Paternity Presumed at Birth
In many cases, paternity is automatically established at birth. The law states that if the mother was married at the time of the child’s birth, the husband is considered the legal father (410 ILCS 535/12). However, even if the married couple was divorced at the time of the child’s birth, the ex-husband may be presumed to be the father if the child was born within 300 days of the marriage’s end.
Paternity may also be presumed if a man enters a relationship with the child’s mother and he consents to being listed on the child’s birth certificate. A presumption of paternity can also be created from legal relationships that are "substantially similar" to marriage.
Voluntary Acknowledgement of Paternity
When there is no presumption of paternity at birth, a non-legal parent can establish parentage by signing a document known as a Voluntary Acknowledgment of Paternity (VAP). This document will only be recognized if both parents sign willingly. An adult witness must also place his or her signature on the VAP to be considered valid.
Once you declare yourself to be a legal parent on a VAP, you only have 60 days to revoke your signature. After that point, you can only challenge a VAP on the basis of duress, fraud, or a material mistake of fact.
DNA Testing
Genetic testing is another method of establishing legal parentage. To prove a biological link between the parent and the child, the court will take DNA samples from the alleged parents and the child, usually in the form of a cheek swab.
There are different situations in which a parent might want a paternity test. For instance, a mother might want a DNA test to hold the other parent accountable for child support. A father might request a paternity test before signing a VAP to confirm that the child is indeed his. In some cases, the court can even compel an alleged father to take a paternity test as part of a court order. If the alleged father refuses to submit to testing, the court may declare him a legal parent in a default judgment.
Meet With a St. Charles, IL Paternity Lawyer
If your child’s parentage is not immediately clear, our firm can help you with this sensitive issue. To schedule a free consultation with a Kane County, IL family law attorney at Shaw Sanders, P.C., call our offices at 630-584-5550 today.
630-584-5550