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| Home > Divorce Q&A's: (sect-Custody, Visitation & Removal) > Paternity | |||||
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Paternity (Parentage) in IllinoisThe Gitlin
Law Firm, P.C., Woodstock, Illinois © 2008
Q:My girlfriend is pregnant. She talked about the possibility of putting the child up for adoption. Is there anything I can do to try to prevent this?A:Yes. In response to the highly publicized Baby Richard case, there is a law which provides for a “putative father registry" -- see the Illinois Department of Children and Family Services site discussing this registry. Among other things, this site provides copies of two worthwhile brochures: Protecting Your Rights as Father. The Putative Father Registry web site at www.putativefather.org. Further information on the online process is available in pdf format. This site also contains a FAQ section. The address of the Putative Father Registry is: The Illinois Putative Father Registry, 10 W. 35th St., Ste 9F7-1, Chicago, Illinois 60616. The above FAQ states, " To register with the Illinois Putative Father Registry, you simply fill out a written Registration Form, sign it and return it to the Registry (in person or by mail). You may also fill out the form online, print, and send by mail to the Registry. There is no cost for registering."
Q:What are the consequences of failing to register with the Illinois' putative father registry?A:If the putative father does not register the following consequences can result (assuming the legislation's validity is upheld in the event of a constitutional attack):
Q:My girlfriend is pregnant and I am almost certain I am the father. My girlfriend has suggested I should go to the hospital and sign a document indicating I am the father. If I sign such a document and later learn that I am may not be the father, what are my rights?A:The document that is often signed at the hospital is called a “voluntary acknowledgment of parentage.” Once a voluntary acknowledgment of paternity is signed and properly notarized, this document is virtually the same as a decision (adjudication) of paternity. An individual who signs such a document has only sixty days to rescind the document. Once more than sixty days have passed it may be impossible to challenge the document. For example, in 2004, the Illinois Supreme Court in its Smith decision ruled that a man could not bring an action to undo the voluntary acknowledgement of paternity form based upon DNA tests which later showed that he was not the biological father of the child. The only exception is that an individual may try to challenge the voluntariness of the acknowledgment if he can show that it was obtained by fraud, duress or material mistake of fact. Note that any voluntary consent form specifically provides for a waiver of rights to genetic testing and rights to a lawyer in proceedings to determine paternity. For this reason, if there is even the slightest doubt of paternity, the safest course is to have paternity tests completed.
Q:I think I signed that Voluntary Acknowledgment of Paternity Form but am not quite certain. How do I find out and how can I get another copy?A:Requests for the voluntary acknowledgement of paternity form should be made to the HFS/ACU, 110 W Lawrence, Springfield, IL 62704.. Requests must contain the original signature of the requesting parent. They must contain the child's name and date of birth as well as the requesting parent's social security number. It should also contain your phone number. The phone number for further information about the Voluntary Acknowledgement of Paternity Form is (800) 477-4278. If you cannot recall what this form looks like and wish to see a copy of the form, click here.
Q:If I am listed as the father on the birth certificate, does this mean that I must have signed the voluntary acknowledgment of paternity form?A:Yes -- with birth birth certificates issued on August 9, 1996. If the birth certificate was issued after this date, a man may be listed on the birth certificate only if (1) he was married to the mother at the time of birth or conception or (2) he and the mother have signed a voluntary acknowledgment of parentage. (Note that where paternity is established later by court or Public Aid administrative order, a new birth certificate can be issued with the father's name.) In other words, as of August 9, 1996, only the legal father may be listed on the birth certificate.
Q:What is the cost of paternity testing?A:The cost of paternity testing is not that substantial. I have found that the counties in which I practice, including McHenry County, Kane County and DuPage County, the cost for DNA testing is generally less than $800.
Q:I recently gave birth and insurance did not cover the cost which included a Caesarean section. Will the father be required to contribute toward the medical expenses that I incurred?A:The law provides that if an action is brought within two years of the child's birth, the judgment may require “either parent to pay the reasonable expenses incurred by either parent relating to the mother's pregnancy and the delivery of the child.” Therefore, the father would likely be required to contribute to such expenses.
Q:What about back support? May I be required to pay support as of the date of the child's birth?A:Illinois law provides that the court may order child support payments be made before a case is brought. The question of whether and to what extent back support will be payable is determined on a case by case basis. Illinois paternity law provides several relevant factors in making this determination, however, Illinois paternity law also provides, “for purposes of determining the amount of child support to be paid for any period before the date the order for current child support is entered, there is a rebuttable presumption that the father's net income for the period prior was the same as his net income at the time the order for current child support is entered.” What this means is that it is generally presumed that the father's current net income is the same as the father's net income from the date of the child's birth. Accordingly, the mother generally does not have to prove the amount of the father's previous net income in order to obtain an award of back child support.
Q:What about moving from the state of Illinois? Does the same law apply to parentage removal proceedings that would apply in divorce removal proceedings?A:Sort of. The law regarding "removal" in paternity cases has now been changed. Illinois law now provides that an injunction can be entered to prevent a party from moving out of state pending the court's determination of a paternity proceeding. The legislation has an exception for domestic violence cases, that is, in legitimate domestic violence cases, there are greater reasons the court would not grant the petition for an injunction from moving out of state. The law now provides that, "In determining ... removal the court shall apply the relevant standards of the [Marriage Act], including Section 609 ." Finally, the Illinois Parentage Act now provides, "the court has continuing jurisdiction to modify an order for ... removal included in a judgment entered under this Act. Any ... removal judgment modification shall be in accordance with the relevant factors provided in the "IMDMA" including Section 609." The legislation does not contain what might be called an "automatic" injunction similar to the language in Section 609 of the IMDMA. Instead, a party must prove that an injunction is required based upon the standards of the Code of Civil Procedure. Additionally, it is noteworthy that the legislation could have provided that once a judgment for parentage is entered, the parent awarded custody would be prohibited from removing the children pursuant to Section 609 of the IMDMA. The legislation did not provide this. Instead, it provides that if the court determines removal, it determines it based upon the Section 609 standards. Therefore, a judgment for paternity or modification may or may not contain language which prevents a party from removing the children from the State of Illinois.
Q:Can the parties to paternity proceedings agree that the custodial parent would have to get the approval of the other parent or leave of court to remove a child from Illinois?A:I believe so. Often the terms of an agreed paternity judgment will provide that a parent is not to remove the child from the state of Illinois without the agreement of the other parent, or leave of court. While there is little law on the subject, your attorney may advise you that this is an issue that may be negotiated between the parents.
Q:Is there a resource in McHenry County to obtain a lawyer without charge if I have no ability to pay for such a lawyer?A:Yes. Such legal services are provided by Prairie State Legal Services. Please see my Q&A regarding how to find a lawyer for a further information.
Q:What is parentage? Is this the same thing as paternity?A:Yes. Probably for the same reason that the Illinois legislature chose to change the name “divorce” to dissolution of marriage, paternity is called “parentage” by the statute.
The Gitlin Law Firm, P.C., provides the above information as a service to potential and current clients. A person's accessing the information contained in this web site, is not considered as retaining The Gitlin Law Firm for any case nor is it considered as providing legal advice. The Gitlin Law Firm cannot guarantee the outcome of any case. The Gitlin Law Firm's practice is generally limited to McHenry County, Lake County, Kane County and Boone County, Illinois. The Gitlin Law
Firm, P.C. www.gitlinlawfirm.com Updated: January 1, 2008
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