Establishing Paternity in Illinois

Under the Illinois Parentage Act of 2015, the person who gave birth and an alleged genetic parent (or a presumed or intended parent) may sign a witnessed voluntary acknowledgment of parentage under penalty of perjury, as provided in the Vital Records Act. Once filed with the Department of Healthcare and Family Services, it is equivalent to a court judgment of parentage and can be used to seek child support. A signer may rescind it by filing a signed, witnessed rescission with the Department before the earlier of 60 days after it takes effect or a court or administrative proceeding about the child in which the signer is a party. After that, it can be challenged only for fraud, duress or material mistake of fact, by verified petition filed within two years. In a court case, the court must order DNA testing on a party's request, with limited exceptions.