Rep. Kelly Burke

Filed: 5/8/2014

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1 AMENDMENT TO SENATE BILL 2892

2 AMENDMENT NO. ______. Amend Senate Bill 2892 by replacing

3 everything after the enacting clause with the following:

4 "ARTICLE 1. GENERAL PROVISIONS

5 Section 101. Short title. This Act may be cited as the

6 Illinois Parentage Act of 2014.

7 Section 102. Public policy. Illinois recognizes the right

8 of every child to the physical, mental, emotional, and

9 financial support of his or her parents. The parent-child

10 relationship, including support obligations, extends equally

11 to every child and to his or her parent or to each of his or her

12 2 parents, regardless of the legal relationship of the parents,

13 and regardless of whether a parent is a minor.

14 Section 103. Definitions. In this Act:

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1 (a) "Acknowledged father" means a man who has established a

2 father-child relationship under Article 3.

3 (b) "Adjudicated father" means a man who has been

4 adjudicated by a court of competent jurisdiction, or as

5 authorized under Article X of the Illinois Public Aid Code, to

6 be the father of a child.

7 (c) "Alleged father" means a man who alleges himself to be,

8 or is alleged to be, the biological father or a possible

9 biological father of a child, but whose paternity has not been

10 established. The term does not include:

11 (1) a presumed parent or acknowledged father;

12 (2) a man whose parental rights have been terminated or

13 declared not to exist; or

14 (3) a male donor.

15 (d) "Assisted reproduction" means any method of causing

16 pregnancy other than sexual intercourse. The term includes but

17 is not limited to:

18 (1) intrauterine insemination;

19 (2) donation of eggs;

20 (3) donation of embryos;

21 (4) in-vitro fertilization and transfer of embryos;

22 (5) intracytoplasmic sperm injection; and

23 (6) artificial insemination.

24 (e) "Child" means an individual of any age whose parentage

25 may be established under this Act.

26 (f) "Combined paternity index" means the likelihood of

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1 paternity calculated by computing the ratio between:

2 (1) the likelihood that the tested man is the father,

3 based on the genetic markers of the tested man, mother, and

4 child, conditioned on the hypothesis that the tested man is

5 the father of the child; and

6 (2) the likelihood that the tested man is not the

7 father, based on the genetic markers of the tested man,

8 mother, and child, conditioned on the hypothesis that the

9 tested man is not the father of the child and that the

10 father is of the same ethnic or racial group as the tested

11 man.

12 (g) "Commence" means to file the initial pleading seeking

13 an adjudication of parentage in the circuit court of this

14 State.

15 (h) "Determination of parentage" means the establishment

16 of the parent-child relationship by the signing of a voluntary

17 acknowledgment under Article 3 of this Act or adjudication by

18 the court or as authorized under Article X of the Illinois

19 Public Aid Code.

20 (i) "Donor" means an individual who contributes a gamete or

21 gametes used for assisted reproduction, whether or not for

22 consideration. The term does not include:

23 (1) an intended parent who provides sperm, or an

24 intended parent who provides eggs, to be used for assisted

25 reproduction by the intended parent or parents;

26 (2) a woman who gives birth to a child by means of

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1 assisted reproduction, except as otherwise provided in the

2 Gestational Surrogacy Act or a valid gestational surrogacy

3 contract; or

4 (3) a parent under Article 7 of this Act, or an

5 intended parent under the Gestational Surrogacy Act or a

6 valid gestational surrogacy contract.

7 (j) "Ethnic or racial group" means, for purposes of genetic

8 testing, a recognized group that an individual identifies as

9 all or part of the individual's ancestry or that is so

10 identified by other information.

11 (k) "Gamete" means either a sperm or an egg.

12 (l) "Genetic testing" means an analysis of genetic markers

13 to exclude or identify a man as the father or a woman as the

14 mother of a child as provided in Article 4 of this Act.

15 (m) "Gestational mother" means an adult woman who gives

16 birth to a child pursuant to the terms of a valid gestational

17 surrogacy contract.

18 (n) "Parent" means an individual who has established a

19 parent-child relationship under Section 201 of this Act.

20 (o) "Parent-child relationship" means the legal

21 relationship between a child and a parent of the child.

22 (p) "Presumed parent" means an individual who, by operation

23 of law under Section 204 of this Act, is recognized as the

24 parent of a child until that status is rebutted or confirmed in

25 a judicial or administrative proceeding.

26 (q) "Probability of paternity" means the measure, for the

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1 ethnic or racial group to which the alleged father belongs, of

2 the probability that the man in question is the father of the

3 child, compared with a random, unrelated man of the same ethnic

4 or racial group, expressed as a percentage incorporating the

5 combined paternity index and a prior probability.

6 (r) "Record" means information that is inscribed on a

7 tangible medium or that is stored in an electronic or other

8 medium and is retrievable in perceivable form.

9 (s) "Signatory" means an individual who authenticates a

10 record and is bound by its terms.

11 (t) "State" means a state of the United States, the

12 District of Columbia, Puerto Rico, the United States Virgin

13 Islands, or any territory or insular possession subject to the

14 jurisdiction of the United States.

15 (u) "Substantially similar legal relationship" means a

16 relationship recognized in this State under Section 60 of the

17 Religious Freedom Protection and Civil Union Act.

18 (v) "Support-enforcement agency" means a public official

19 or agency authorized to seek:

20 (1) enforcement of support orders or laws relating to

21 the duty of support;

22 (2) establishment or modification of child support;

23 (3) determination of parentage; or

24 (4) location of child-support obligors and their

25 income and assets.

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1 Section 104. Scope of Act; choice of law; other legal

2 rights and duties preserved.

3 (a) This Act applies to determination of parentage in this

4 State.

5 (b) The court shall apply the law of this State to

6 adjudicate the parent-child relationship. The applicable law

7 does not depend on:

8 (1) the place of birth of the child; or

9 (2) the past or present residence of the child.

10 (c) This Act does not create, enlarge, abrogate, or

11 diminish parental rights or duties under other laws of this

12 State, including the common law.

13 Section 105. Authority to establish parentage. The circuit

14 courts are authorized to establish parentage under this Act.

15 The Department of Healthcare and Family Services may make

16 administrative determinations of paternity and nonpaternity in

17 accordance with Section 10-17.7 of the Illinois Public Aid

18 Code. Such administrative determinations shall have the full

19 force and effect of court judgments entered under this Act.

20 Section 106. Protection of participants. Proceedings under

21 this Act are subject to other law of this State governing the

22 health, safety, privacy, and liberty of a child or other

23 individual who could be jeopardized by disclosure of

24 identifying information, including address, telephone number,

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1 place of employment, social security number, and the child's

2 day-care facility and school.

3 Section 107. Applicability. Insofar as practicable, the

4 provisions of this Act applicable to the father and child

5 relationship shall apply to the mother and child relationship

6 including, but not limited to, the obligation to support.

7 ARTICLE 2. PARENT-CHILD RELATIONSHIP

8 Section 201. Establishment of parent-child relationship.

9 (a) The parent-child relationship is established between a

10 woman and a child by:

11 (1) the woman having given birth to the child, except

12 as otherwise provided in a valid gestational surrogacy

13 contract;

14 (2) an adjudication of the woman's parentage;

15 (3) adoption of the child by the woman;

16 (4) the woman having consented to assisted

17 reproduction by a woman under Article 7 of this Act which

18 resulted in the birth of the child; or

19 (5) a valid gestational surrogacy contract under the

20 Gestational Surrogacy Act or other law.

21 (b) The parent-child relationship is established between a

22 man and a child by:

23 (1) an unrebutted presumption of the man's parentage of

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1 the child under Section 204 of this Act;

2 (2) an effective voluntary acknowledgment of paternity

3 by the man under Article 3 of this Act, unless the

4 acknowledgment has been rescinded or successfully

5 challenged;

6 (3) an adjudication of the man's parentage;

7 (4) adoption of the child by the man;

8 (5) the man having consented to assisted reproduction

9 by a woman under Article 7 of this Act which resulted in

10 the birth of the child; or

11 (6) a valid gestational surrogacy contract under the

12 Gestational Surrogacy Act or other law.

13 (c) Insofar as practicable, the provisions of this Act

14 applicable to parent-child relationships shall apply equally

15 to men and women as parents, including, but not limited to, the

16 obligation to support.

17 Section 202. Parents' legal relationship. Every child has

18 equal rights under the law regardless of the parents' legal

19 relationship.

20 Section 203. Consequences of establishment of parentage. A

21 parent-child relationship established under this Act applies

22 for all purposes, except as otherwise specifically provided by

23 other law of this State.

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1 Section 204. Presumption of parentage.

2 (a) A man is presumed to be the parent of a child if:

3 (1) he and the child's natural mother have entered into

4 a marriage, civil union, or substantially similar legal

5 relationship, even if the marriage, civil union, or

6 substantially similar legal relationship is or could be

7 declared invalid, and the child is born or conceived during

8 such marriage, civil union, or substantially similar legal

9 relationship; or

10 (2) after the child's birth, he and the child's natural

11 mother have entered into a marriage, civil union, or

12 substantially similar legal relationship, even if the

13 marriage, civil union, or substantially similar legal

14 relationship is or could be declared invalid, and he is

15 named, with his written consent, as the child's father on

16 the child's birth certificate.

17 (b) If 2 or more conflicting presumptions arise under this

18 Section, the presumption which on the facts is founded on the

19 weightier considerations of policy and logic, especially the

20 policy of promoting the child's best interests, controls.

21 Section 205. Proceedings to declare the non-existence of

22 the parent-child relationship.

23 (a) An action to declare the non-existence of the

24 parent-child relationship may be brought by the child, the

25 birth mother, or a man presumed to be the parent under Section

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1 204 of this Act. Actions brought by the child, the birth

2 mother, or a presumed parent shall be brought by verified

3 complaint, which shall be designated a petition. After a

4 presumption under Section 204 of this Act has been rebutted,

5 parentage of the child by another man or woman may be

6 established in the same action, if he or she has been made a

7 party.

8 (b) An action to declare the non-existence of the

9 parent-child relationship brought under subsection (a) of this

10 Section shall be barred if brought later than 2 years after the

11 petitioner knew or should have known of the relevant facts. The

12 2-year period for bringing an action to declare the

13 non-existence of the parent-child relationship shall not

14 extend beyond the date on which the child reaches the age of 18

15 years. Failure to bring an action within 2 years shall not bar

16 any party from asserting a defense in any action to declare the

17 existence of the parent-child relationship.

18 (c) An action to declare the non-existence of the

19 parent-child relationship may be brought subsequent to an

20 adjudication of parentage in any judgment by the man

21 adjudicated to be the parent pursuant to a presumption in

22 Section 204 if, as a result of deoxyribonucleic acid (DNA)

23 testing, it is discovered that the man adjudicated to be the

24 parent is not the father of the child. Actions brought by the

25 adjudicated father shall be brought by verified petition. If,

26 as a result of the deoxyribonucleic acid (DNA) testing that is

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1 admissible under Section 614 of this Act, the petitioner is

2 determined not to be the father of the child, the adjudication

3 of paternity and any orders regarding custody, parenting time,

4 and future payments of support may be vacated.

5 (d) An action to declare the non-existence of the

6 parent-child relationship brought under subsection (c) of this

7 Section shall be barred if brought more than 2 years after the

8 petitioner obtains actual knowledge of relevant facts. The

9 2-year period shall not apply to periods of time where the

10 birth mother or the child refuses to submit to deoxyribonucleic

11 acid (DNA) testing. The 2-year period for bringing an action to

12 declare the non-existence of the parent-child relationship

13 shall not extend beyond the date on which the child reaches the

14 age of 18 years.

15 Section 206. Presumption; burden of proof.A person

16 challenging a presumption under Section 204 of this Act may

17 rebut the presumption with clear and convincing evidence.

18 ARTICLE 3. VOLUNTARY ACKNOWLEDGMENT

19 Section 301. Voluntary acknowledgment. A parent-child

20 relationship may be established voluntarily by the signing and

21 witnessing of a voluntary acknowledgment in accordance with

22 Section 12 of the Vital Records Act and Section 10-17.7 of the

23 Illinois Public Aid Code. The voluntary acknowledgment shall

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1 contain the last four digits of the social security numbers of

2 the persons signing the voluntary acknowledgment; however,

3 failure to include the social security numbers of the persons

4 signing a voluntary acknowledgment does not invalidate the

5 voluntary acknowledgment.

6 Section 302. Execution of voluntary acknowledgment.

7 (a) A voluntary acknowledgment described in Section 301 of

8 this Act must:

9 (1) be in a record;

10 (2) be signed, or otherwise authenticated, under

11 penalty of perjury by the mother and by the man seeking to

12 establish his parentage;

13 (3) state that the child whose parentage is being

14 acknowledged:

15 (A) does not have a presumed parent, or has a

16 presumed parent whose full name is stated; and

17 (B) does not have another acknowledged or

18 adjudicated parent;

19 (4) be witnessed; and

20 (5) state that the signatories understand that the

21 acknowledgment is the equivalent of a judicial

22 adjudication of parentage of the child and that a challenge

23 to the acknowledgment is permitted only under limited

24 circumstances and is barred after 2 years.

25 (b) An acknowledgment is void if it:

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1 (1) states that another person is a presumed parent,

2 unless a denial signed or otherwise authenticated by the

3 presumed parent is filed with the Department of Healthcare

4 and Family Services, as provided by law;

5 (2) states that another person is an acknowledged or

6 adjudicated parent; or

7 (3) falsely denies the existence of a presumed,

8 acknowledged, or adjudicated parent of the child.

9 (c) A presumed father may sign or otherwise authenticate an

10 acknowledgment.

11 Section 303. Denial of parentage. A presumed parent may

12 sign a denial of parentage. The denial is valid only if:

13 (a) a voluntary acknowledgment described in Section 301 of

14 this Act signed, or otherwise authenticated, by a man is filed

15 pursuant to Section 305 of this Act;

16 (b) the denial is in a record, and is signed, or otherwise

17 authenticated, under penalty of perjury; and

18 (c) the presumed parent has not previously:

19 (1) acknowledged his parentage, unless the previous

20 acknowledgment has been rescinded under Section 307 of this

21 Act or successfully challenged under Section 308 of this

22 Act; or

23 (2) been adjudicated to be the parent of the child.

24 Section 304. Rules for acknowledgment and denial of

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1 parentage.

2 (a) An acknowledgment as described in Section 301 of this

3 Act and a denial may be contained in a single document or may

4 be signed in counterparts, and may be filed separately or

5 simultaneously. If the acknowledgment and denial are both

6 necessary, neither is valid until both are filed.

7 (b) An acknowledgment or a denial may be signed before the

8 birth of the child.

9 (c) Subject to subsection (a), an acknowledgment or denial

10 takes effect on the birth of the child or the filing of the

11 document with the Department of Healthcare and Family Services,

12 as provided by law, whichever occurs later.

13 (d) An acknowledgment or denial signed by a minor is valid

14 if it is otherwise in compliance with this Act.

15 Section 305. Effect of acknowledgment or denial of

16 parentage.

17 (a) Except as otherwise provided in Sections 307 and 308 of

18 this Act, a valid acknowledgment filed with the Department of

19 Healthcare and Family Services, as provided by law, is

20 equivalent to an adjudication of the parentage of a child and

21 confers upon the acknowledged father all of the rights and

22 duties of a parent.

23 (b) Notwithstanding any other provision of this Act,

24 parentage established in accordance with Section 301 of this

25 Act has the full force and effect of a judgment entered under

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1 this Act and serves as a basis for seeking a child support

2 order without any further proceedings to establish parentage.

3 (c) Except as otherwise provided in Sections 307 and 308 of

4 this Act, a valid denial by a presumed parent filed with the

5 Department of Healthcare and Family Services, as provided by

6 law, in conjunction with a voluntary acknowledgment, is

7 equivalent to an adjudication of the nonparentage of the

8 presumed parent and discharges the presumed parent from all

9 rights and duties of a parent.

10 Section 306. No filing fee. The Department of Healthcare

11 and Family Services, as provided by law, may not charge a fee

12 for filing a voluntary acknowledgment or denial.

13 Section 307. Proceeding for rescission. A signatory may

14 rescind a voluntary acknowledgment or denial by filing a signed

15 and witnessed rescission with the Department of Healthcare and

16 Family Services as provided in Section 12 of the Vital Records

17 Act, before the earlier of:

18 (a) 60 days after the effective date of the acknowledgment

19 or denial, as provided in Section 304 of this Act; or

20 (b) the date of a judicial or administrative proceeding

21 relating to the child (including a proceeding to establish a

22 support order) in which the signatory is a party.

23 Section 308. Challenge after expiration of period for

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1 rescission. After the period for rescission under Section 307

2 of this Act has expired, a signatory of a voluntary

3 acknowledgment or denial may commence a proceeding to challenge

4 the acknowledgment or denial only as provided in Section 309 of

5 this Act.

6 Section 309. Procedure for challenge.

7 (a) A voluntary acknowledgment and any related denial may

8 be challenged only on the basis of fraud, duress, or material

9 mistake of fact by filing a verified petition under this

10 Section within 2 years after the effective date of the

11 acknowledgment or denial, as provided in Section 304 of this

12 Act. Time during which the person challenging the

13 acknowledgment or denial is under legal disability or duress or

14 the ground for relief is fraudulently concealed shall be

15 excluded in computing the period of 2 years.

16 (b) The verified complaint, which shall be designated a

17 petition, shall be filed in the county where a proceeding

18 relating to the child was brought, such as a support proceeding

19 or, if none exists, in the county where the child resides.

20 Every signatory to the voluntary acknowledgment and any related

21 denial must be made a party to a proceeding to challenge the

22 acknowledgment or denial. The party challenging the

23 acknowledgment or denial shall have the burden of proof. The

24 burden of proof to challenge a voluntary acknowledgment is

25 clear and convincing evidence.

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1 (c) For the purpose of a challenge to an acknowledgment or

2 denial, a signatory submits to personal jurisdiction of this

3 State by signing the acknowledgment and any related denial,

4 effective upon the filing of the acknowledgment and any related

5 denial with the Department of Healthcare and Family Services,

6 as provided in Section 12 of the Vital Records Act.

7 (d) Except for good cause shown, during the pendency of a

8 proceeding to challenge an acknowledgment or denial, the court

9 may not suspend the legal responsibilities of a signatory

10 arising from the acknowledgment, including the duty to pay

11 child support.

12 (e) At the conclusion of a proceeding to challenge an

13 acknowledgment or denial, the court shall order the Department

14 of Public Health to amend the birth record of the child, if

15 appropriate. A copy of an order entered at the conclusion of a

16 proceeding to challenge shall be provided to the Department of

17 Healthcare and Family Services.

18 Section 310. Ratification barred. A court or

19 administrative agency conducting a judicial or administrative

20 proceeding is not required or permitted to ratify an

21 unchallenged acknowledgment described in Section 301 of this

22 Act.

23 Section 311. Full faith and credit. A court of this State

24 shall give full faith and credit to a valid acknowledgment or

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1 denial of parentage effective in another state if the

2 acknowledgment or denial has been signed and is otherwise in

3 compliance with the law of the other state.

4 Section 312. Forms for acknowledgment and denial of

5 parentage.

6 (a) To facilitate compliance with this Article, the

7 Department of Healthcare and Family Services shall prescribe

8 forms for the acknowledgment and the denial of parentage and

9 for the rescission of acknowledgment or denial consistent with

10 Section 307 of this Act.

11 (b) A voluntary acknowledgment or denial of parentage is

12 not affected by a later modification of the prescribed form.

13 Section 313. Release of information. The Department of

14 Healthcare and Family Services may release information

15 relating to the acknowledgment described in Section 301 of this

16 Act, or the related denial, to a signatory of the

17 acknowledgment or denial; to the child's guardian, the

18 emancipated child, or the legal representatives of those

19 individuals; to appropriate federal agencies; and to courts and

20 appropriate agencies of this State or another state.

21 Section 314. Adoption of rules. The Department of Public

22 Health and the Department of Healthcare and Family Services may

23 adopt rules to implement this Article.

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1 ARTICLE 4. GENETIC TESTING

2 Section 401. Proceeding authorized. As soon as

3 practicable, a court or an administrative hearing officer in an

4 Expedited Child Support System may, and upon the request of a

5 party except as provided in Section 610 of this Act, or of the

6 child, shall order or direct the mother, child, and alleged

7 father to submit to deoxyribonucleic acid (DNA) testing to

8 determine inherited characteristics. If any party refuses to

9 submit to genetic testing, the court may resolve the question

10 of paternity against that party or enforce its order if the

11 rights of others and the interests of justice so require.

12 Section 402. Requirements for genetic testing.

13 (a) The genetic testing shall be conducted by an expert

14 qualified as an examiner of blood or tissue types and appointed

15 by the court. The expert shall determine the genetic testing

16 procedures. However, any interested party, for good cause

17 shown, in advance of the scheduled genetic testing, may request

18 a hearing to object to the qualifications of the expert or the

19 genetic testing procedures. The expert appointed by the court

20 shall testify at the pre-test hearing at the expense of the

21 party requesting the hearing, except for an indigent party as

22 provided in Section 405 of this Act. An expert not appointed by

23 the court shall testify at the pre-test hearing at the expense

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1 of the party retaining the expert. Inquiry into an expert's

2 qualifications at the pre-test hearing shall not affect either

3 party's right to have the expert qualified at trial.

4 (b) Genetic testing must be of a type reasonably relied

5 upon by experts in the field of genetic testing and performed

6 in a testing laboratory accredited by the American Association

7 of Blood Banks or a successor to its functions.

8 (c) A specimen used in genetic testing may consist of one

9 or more samples, or a combination of samples, of blood, buccal

10 cells, bone, hair, or other body tissue or fluid.

11 (d) The testing laboratory shall determine the databases

12 from which to select frequencies for use in calculation of the

13 probability of paternity based on the ethnic or racial group of

14 an individual or individuals. If there is disagreement as to

15 the testing laboratory's choice, the following rules apply:

16 (1) The individual objecting may require the testing

17 laboratory, within 30 days after receipt of the report of

18 the genetic testing, to recalculate the probability of

19 paternity using an ethnic or racial group different from

20 that used by the laboratory.

21 (2) The individual objecting to the testing

22 laboratory's initial choice shall:

23 (A) if the frequencies are not available to the

24 testing laboratory for the ethnic or racial group

25 requested, provide the requested frequencies compiled

26 in a manner recognized by accrediting bodies; or

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1 (B) engage another testing laboratory to perform

2 the calculations.

3 (e) If, after recalculation using a different ethnic or

4 racial group, genetic testing does not reputably identify a man

5 as the father of a child, an individual who has been tested may

6 be required to submit to additional genetic testing.

7 Section 403. Genetic test results.

8 (a) The expert shall prepare a written report of the

9 genetic test results. If the genetic test results show that the

10 alleged father is not excluded, the report shall contain

11 statistics based upon the statistical formula of combined

12 paternity index (CPI) and the probability of paternity as

13 determined by the probability of exclusion (Random Man Not

14 Excluded = RMNE). The expert may be called by the court as a

15 witness to testify to his or her findings and, if called, shall

16 be subject to cross-examination by the parties. If the genetic

17 test results show that the alleged father is not excluded, any

18 party may demand that other experts, qualified as examiners of

19 blood or tissue types, perform independent genetic testing

20 under order of court, including, but not limited to, blood

21 types or other testing of genetic markers. The results of the

22 genetic testing may be offered into evidence. The number and

23 qualifications of the experts shall be determined by the court.

24 (b) Documentation of the chain of custody of the blood or

25 tissue samples, accompanied by an affidavit or certification in

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1 accordance with Section 1-109 of the Code of Civil Procedure,

2 is competent evidence to establish the chain of custody.

3 (c) The report of the genetic test results prepared by the

4 appointed expert shall be made by affidavit or by certification

5 as provided in Section 1-109 of the Code of Civil Procedure and

6 shall be mailed to all parties. A proof of service shall be

7 filed with the court. The verified report shall be admitted

8 into evidence at trial without foundation testimony or other

9 proof of authenticity or accuracy, unless a written motion

10 challenging the admissibility of the report is filed by either

11 party within 28 days of receipt of the report, in which case

12 expert testimony shall be required. A party may not file such a

13 motion challenging the admissibility of the report later than

14 28 days before commencement of trial. Before trial, the court

15 shall determine whether the motion is sufficient to deny

16 admission of the report by verification. Failure to make that

17 timely motion constitutes a waiver of the right to object to

18 admission by verification and shall not be grounds for a

19 continuance of the hearing to establish paternity.

20 Section 404. Effect of genetic testing. Genetic testing

21 taken under this Article shall have the following effect:

22 (a) If the court finds that the conclusion of the expert or

23 experts, as disclosed by the evidence based upon the genetic

24 testing, is that the alleged father is not the parent of the

25 child, the question of paternity shall be resolved accordingly.

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1 (b) If the experts disagree in their findings or

2 conclusions, the question shall be weighed with other competent

3 evidence of paternity.

4 (c) If the genetic testing results indicate that the

5 alleged father is not excluded and that the combined paternity

6 index is at least 1,000 to 1, and there is at least a 99.9%

7 probability of paternity, the alleged father is presumed to be

8 the father, and this evidence shall be admitted.

9 (d) A man identified under subsection (c) of this Section

10 as the father of the child may rebut the genetic testing

11 results by other genetic testing satisfying the requirements of

12 this Article which:

13 (1) excludes the man as a genetic father of the child;

14 or

15 (2) identifies another man as the possible father of

16 the child.

17 (e) Except as otherwise provided in this Article, if more

18 than one man is identified by genetic testing as the possible

19 father of the child, the court shall order them to submit to

20 further genetic testing to identify the genetic father.

21 Section 405. Cost of genetic testing. The expense of the

22 genetic testing shall be paid by the party who requests the

23 genetic testing, except that the court may apportion the costs

24 between the parties, upon request. When the genetic testing is

25 requested by the party seeking to establish paternity and that

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1 party is found to be indigent by the court, the expense shall

2 be paid by the public agency providing representation; except

3 that where a public agency is not providing representation, the

4 expense shall be paid by the county in which the action is

5 brought. When the genetic testing is ordered by the court on

6 its own motion or is requested by the alleged or presumed

7 father and that father is found to be indigent by the court,

8 the expense shall be paid by the county in which the action is

9 brought. Any part of the expense may be taxed as costs in the

10 action, except that no costs may be taxed against a public

11 agency that has not requested the genetic testing.

12 Section 406. Compensation of expert. The compensation of

13 each expert witness appointed by the court shall be paid as

14 provided in Section 405 of this Act. Any part of the payment

15 may be taxed as costs in the action, except that no costs may

16 be taxed against a public agency that has not requested the

17 services of the expert witness.

18 Section 407. Independent genetic testing. Nothing in this

19 Article shall prevent a party from obtaining genetic testing of

20 his or her own blood or tissue independent of those ordered by

21 the court or from presenting expert testimony interpreting

22 those tests or any other blood tests ordered under this

23 Article. Reports of all the independent tests, accompanied by

24 affidavit or certification pursuant to Section 1-109 of the

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1 Code of Civil Procedure, and notice of any expert witnesses to

2 be called to testify to the results of those tests shall be

3 submitted to all parties at least 30 days before any hearing

4 set to determine the issue of parentage.

5 Section 408. Additional persons to be tested.

6 (a) Subject to subsection (b), if a genetic-testing

7 specimen is not available from a man who may be the father of a

8 child, for good cause and under circumstances the court

9 considers to be just, the court may order the following

10 individuals to submit specimens for genetic testing:

11 (1) the parents of the man;

12 (2) brothers and sisters of the man;

13 (3) other children of the man and their mothers; and

14 (4) other relatives of the man necessary to complete

15 genetic testing.

16 (b) Issuance of an order under this Section requires a

17 finding that a need for genetic testing outweighs the

18 legitimate interests of the individual sought to be tested, and

19 in no event shall an order be issued until the individual is

20 joined as a party and given notice as required under the Code

21 of Civil Procedure.

22 ARTICLE 5. TEMPORARY RELIEF

23 Section 501. Temporary orders.

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1 (a) On a motion by a party and a showing of clear and

2 convincing evidence of parentage, the court shall issue a

3 temporary order for support of a child if the order is

4 appropriate and the individual ordered to pay support is:

5 (1) a presumed parent of the child;

6 (2) petitioning to have parentage adjudicated;

7 (3) identified as the father through genetic testing

8 under Article 4 of this Act;

9 (4) an alleged father who has declined to submit to

10 genetic testing;

11 (5) shown by clear and convincing evidence to be the

12 child's father;

13 (6) the mother of the child; or

14 (7) anyone else determined to be the child's parent.

15 In determining the amount of a temporary child support

16 award, the court shall use the guidelines and standards set

17 forth in Sections 505 and 505.2 of the Illinois Marriage and

18 Dissolution of Marriage Act.

19 (b) A temporary order may include provisions for custody

20 and parenting time as provided by the Illinois Marriage and

21 Dissolution of Marriage Act.

22 (c) Temporary orders issued under this Section shall not

23 have prejudicial effect with respect to final support, custody,

24 or parenting time orders.

25 Section 502. Injunctive relief.

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1 (a) In any action brought under this Act for the initial

2 determination of parentage, custody or parenting time of a

3 child, or for modification of a prior custody or parenting time

4 order, the court, upon application of a party, may enjoin a

5 party having physical possession or custody of a child from

6 temporarily removing the child from this State pending the

7 adjudication of the issues of parentage, custody, and parenting

8 time. When deciding whether to enjoin removal of a child, or to

9 order a party to return the child to this State, the court

10 shall consider factors including, but not limited to:

11 (1) the extent of previous involvement with the child

12 by the party seeking to enjoin removal or to have the

13 absent party return the child to this State;

14 (2) the likelihood that parentage will be established;

15 and

16 (3) the impact on the financial, physical, and

17 emotional health of the party being enjoined from removing

18 the child or the party being ordered to return the child to

19 this State.

20 (b) A temporary restraining order or preliminary

21 injunction under this Act shall be governed by the relevant

22 provisions of Part 1 of Article XI of the Code of Civil

23 Procedure.

24 (c) Notwithstanding the provisions of subsection (a) of

25 this Section, the court may decline to enjoin a domestic

26 violence victim having physical possession or custody of a

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1 child from temporarily or permanently removing the child from

2 this State pending the adjudication of issues of custody or

3 parenting time. In determining whether a person is a domestic

4 violence victim, the court shall consider the following

5 factors:

6 (1) a sworn statement by the person that the person has

7 good reason to believe that he or she is the victim of

8 domestic violence or stalking;

9 (2) a sworn statement that the person fears for his or

10 her safety or the safety of his or her children;

11 (3) evidence from police, court, or other government

12 agency records or files;

13 (4) documentation from a domestic violence program if

14 the person is alleged to be a victim of domestic violence;

15 (5) documentation from a legal, clerical, medical, or

16 other professional from whom the person has sought

17 assistance in dealing with the alleged domestic violence;

18 and

19 (6) any other evidence that supports the sworn

20 statements, such as a statement from any other individual

21 with knowledge of the circumstances that provides the basis

22 for the claim, or physical evidence of the domestic

23 violence.

24 ARTICLE 6. PROCEEDING TO ADJUDICATE PARENTAGE

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1 Section 601. Proceeding authorized. A civil proceeding may

2 be maintained to adjudicate the parentage of a child. The

3 proceeding is governed by the Code of Civil Procedure and

4 Illinois Supreme Court Rules. Administrative proceedings

5 adjudicating paternity shall be governed by Section 10-17.7 of

6 the Illinois Public Aid Code.

7 Section 602. Standing. A complaint to adjudicate parentage

8 shall be verified, shall be designated a petition, and shall

9 name the person or persons alleged to be the parent of the

10 child. Subject to Article 3 and Sections 607, 608, and 609 of

11 this Act, a proceeding to adjudicate parentage may be

12 maintained by:

13 (a) the child;

14 (b) the mother of the child;

15 (c) a pregnant woman;

16 (d) a man presumed or alleging himself to be the parent of

17 the child;

18 (e) a woman alleging herself to be the parent of the child;

19 (f) the support-enforcement agency or other governmental

20 agency authorized by other law;

21 (g) any person or public agency that has custody of, is

22 providing financial support to, or has provided financial

23 support to the child;

24 (h) the Department of Healthcare and Family Services if it

25 is providing, or has provided, financial support to the child

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1 or if it is assisting with child support collections services;

2 (i) an authorized adoption agency or licensed

3 child-placing agency;

4 (j) a representative authorized by law to act for an

5 individual who would otherwise be entitled to maintain a

6 proceeding but who is deceased, incapacitated, or a minor;

7 (k) an intended parent pursuant to the terms of a valid

8 gestational surrogacy contract; or

9 (l) an individual who has consented or has allegedly

10 consented to assisted reproduction pursuant to Article 7 of

11 this Act.

12 Section 603. Subject matter and personal jurisdiction.

13 (a) The circuit courts of this State shall have

14 jurisdiction of an action brought under this Act. In a civil

15 action not brought under this Act, the provisions of this Act

16 shall apply if parentage is at issue. The court may join any

17 action under this Act with any other civil action in which this

18 Act is applicable.

19 (b) An individual may not be adjudicated to be a parent

20 unless the court has personal jurisdiction over the individual.

21 (c) A court of this State having jurisdiction to adjudicate

22 parentage may exercise personal jurisdiction over a

23 nonresident individual, or the guardian or conservator of the

24 individual, if the conditions prescribed in Section 201 of the

25 Uniform Interstate Family Support Act are fulfilled.

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1 (d) Lack of jurisdiction over one individual does not

2 preclude the court from making an adjudication of parentage

3 binding on another individual over whom the court has personal

4 jurisdiction.

5 Section 604. Venue.

6 (a) Venue for a proceeding to adjudicate parentage is any

7 county of this State in which a party resides, or if the

8 presumed or alleged father is deceased, in which a proceeding

9 for probate or administration of the presumed or alleged

10 father's estate has been commenced, or could be commenced.

11 (b) A child custody proceeding is commenced in the county

12 where the child resides.

13 Section 605. Notice to presumed parent.

14 (a) In any action brought under Article 3 or Article 6 of

15 this Act where the individual signing the petition for an order

16 establishing the existence of the parent-child relationship by

17 consent or the individual alleged to be the parent in a

18 petition is different from an individual who is presumed to be

19 parent of the child under Article 2 of this Act, a notice shall

20 be served on the presumed parent in the same manner as

21 summonses are served in other civil proceedings or, in lieu of

22 personal service, service may be made as follows:

23 (1) The person requesting notice shall pay to the clerk

24 of the circuit court a mailing fee of $1.50 and furnish to

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1 the clerk of the circuit court an original and one copy of

2 a notice together with an affidavit setting forth the

3 presumed parent's last known address. The original notice

4 shall be retained by the clerk of the circuit court.

5 (2) The clerk of the circuit court shall promptly mail

6 to the presumed parent, at the address appearing in the

7 affidavit, the copy of the notice by certified mail, return

8 receipt requested. The envelope and return receipt shall

9 bear the return address of the clerk of the circuit court.

10 The receipt for certified mail shall state the name and

11 address of the addressee and the date of mailing and shall

12 be attached to the original notice.

13 (3) The return receipt, when returned to the clerk of

14 the circuit court, shall be attached to the original notice

15 and shall constitute proof of service.

16 (4) The clerk of the circuit court shall note the fact

17 of service in a permanent record.

18 (b) The notice shall read as follows:

19 "IN THE MATTER OF NOTICE TO .......... PRESUMED PARENT.

20 You have been identified as the presumed parent of

21 ......... , born on ......... The birth parent of the child is

22 .........

23 An action is being brought to establish the parent-child

24 relationship between the named child and a parent named by the

25 person filing this action, .........

26 As the presumed parent, you have certain legal rights with

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1 respect to the named child, including the right to notice of

2 the filing of proceedings instituted for the establishment of

3 parentage of the named child and, if named as a parent in a

4 petition to establish parentage, the right to submit to, along

5 with the birth parent and child, deoxyribonucleic acid (DNA)

6 tests to determine inherited characteristics, subject to

7 Section 610 of the Illinois Parentage Act of 2014. If you wish

8 to assert your rights with respect to the child named in this

9 notice, you must file with the Clerk of this Circuit Court of

10 ......... County, Illinois, whose address is ........ , within

11 30 days after the date of receipt of this notice, a declaration

12 of parentage stating that you are, in fact, the parent of the

13 named child and that you intend to assert your legal rights

14 with respect to the child, or that you request to be notified

15 of any further proceedings with respect to the parentage of the

16 child.

17 If you do not file a declaration of parentage or a request

18 for notice, then whatever legal rights you have with respect to

19 the named child, including the right to notice of any future

20 proceedings for the establishment of parentage of the child,

21 may be terminated without any further notice to you. When your

22 legal rights with respect to the named child are terminated,

23 you will not be entitled to notice of any future proceedings.".

24 (c) The notice to a presumed parent under this Section in

25 any action brought by a public agency shall be prepared and

26 mailed by the public agency, and the mailing fee to the clerk

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1 of the circuit court shall be waived.

2 Section 606. Summons. The summons that is served on a

3 respondent shall include the return date on or by which the

4 respondent must appear and shall contain the following

5 information, in a prominent place and in conspicuous language,

6 in addition to the information required to be provided under

7 the laws of this State: "If you do not appear as instructed in

8 this summons, you may be required to support the child named in

9 this petition until the child is at least 18 years old. You may

10 also have to pay the pregnancy and delivery costs of the

11 mother.".

12 Section 607. No limitation; child having no presumed,

13 acknowledged, or adjudicated parent. A proceeding to

14 adjudicate the parentage of a child having no presumed,

15 acknowledged, or adjudicated parent may be commenced at any

16 time, even after:

17 (a) the child becomes an adult, but only if the child

18 initiates the proceeding; or

19 (b) an earlier proceeding to adjudicate parentage has been

20 dismissed based on the application of a statute of limitations

21 then in effect.

22 Section 608. Limitation; child having presumed parent.

23 (a) An alleged father, as that term is defined in Section

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1 103 of this Act, must commence an action to establish a

2 parent-child relationship for a child having a presumed parent

3 not later than 2 years after the petitioner knew or should have

4 known of the relevant facts. The time the petitioner is under

5 legal disability or duress or the ground for relief is

6 fraudulently concealed shall be excluded in computing the

7 period of 2 years.

8 (b) A proceeding seeking to declare the non-existence of

9 the parent-child relationship between a child and the child's

10 presumed father may be maintained at any time by a person

11 described in Section 204 of this Act if the court determines

12 that the presumed father and the mother of the child neither

13 cohabited nor engaged in sexual intercourse with each other

14 during the probable time of conception.

15 Section 609. Limitation; child having acknowledged or

16 adjudicated parent.

17 (a) If a child has an acknowledged parent, a signatory to

18 the acknowledgment described in Section 301 of this Act or

19 related denial may commence a proceeding seeking to challenge

20 the acknowledgment or denial or challenge the paternity of the

21 child only within the time allowed under Section 309 of this

22 Act.

23 (b) If a child has an acknowledged parent or an adjudicated

24 parent, an individual, other than the child, who is neither a

25 signatory to the acknowledgment nor a party to the adjudication

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1 and who seeks an adjudication of parentage of the child must

2 commence a proceeding not later than 2 years after the

3 effective date of the acknowledgment or adjudication.

4 (c) A proceeding under this Section is subject to the

5 application of the principles of estoppel established in

6 Section 610 of this Act.

7 Section 610. Authority to deny motion for genetic testing.

8 (a) In a proceeding to adjudicate the parentage of a child

9 having a presumed, acknowledged, or adjudicated parent, the

10 court may deny a motion by a parent, presumed parent,

11 acknowledged parent, adjudicated parent, or alleged parent

12 seeking an order for genetic testing of the parents and child

13 if the court determines that:

14 (1) the conduct of the parent, acknowledged parent,

15 adjudicated parent, or the presumed parent estops that

16 party from denying parentage;

17 (2) it would be inequitable to disprove the

18 parent-child relationship between the child and the

19 presumed, acknowledged, or adjudicated parent; and

20 (3) it is in the child's best interests to deny genetic

21 testing, taking into account the following factors:

22 (A) the length of time between the current

23 proceeding to adjudicate parentage and the time that

24 the presumed, acknowledged, or adjudicated parent was

25 placed on notice that he or she might not be the

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1 biological parent;

2 (B) the length of time during which the presumed,

3 acknowledged, or adjudicated parent has assumed the

4 role of parent of the child;

5 (C) the facts surrounding the presumed,

6 acknowledged, or adjudicated parent's discovery of his

7 or her possible nonparentage;

8 (D) the nature of the relationship between the

9 child and the presumed, acknowledged, or adjudicated

10 parent;

11 (E) the age of the child;

12 (F) the harm that may result to the child if the

13 presumed, acknowledged, or adjudicated parentage is

14 successfully disproved;

15 (G) the nature of the relationship between the

16 child and any alleged parent;

17 (H) the extent to which the passage of time reduces

18 the chances of establishing the parentage of another

19 person and a child support obligation in favor of the

20 child;

21 (I) other factors that may affect the equities

22 arising from the disruption of the parent-child

23 relationship between the child and the presumed,

24 acknowledged, or adjudicated parent or the chance of

25 other harm to the child; and

26 (J) any other factors the court determines to be

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1 equitable.

2 (b) In a proceeding involving the application of this

3 Section, a minor or incapacitated child must be represented by

4 a guardian ad litem, child's representative, or attorney for

5 the child.

6 (c) If the court denies a motion seeking an order for

7 genetic testing, it shall issue an order adjudicating the

8 presumed parent to be the parent of the child.

9 Section 611. Joinder of proceedings.

10 (a) Except as otherwise provided in subsection (b), a

11 proceeding to adjudicate parentage may be joined with a

12 proceeding for adoption, termination of parental rights, child

13 custody or parenting time, child support, dissolution of

14 marriage or civil union, declaration of invalidity of marriage

15 or civil union, legal separation, probate or administration of

16 an estate, or other appropriate proceeding.

17 (b) A respondent may not join a proceeding described in

18 subsection (a) with a proceeding to adjudicate parentage

19 brought under the Uniform Interstate Family Support Act.

20 Section 612. Proceeding before birth. A proceeding to

21 establish parentage may be commenced before the birth of the

22 child, but may not be concluded until after the birth of the

23 child. The following actions may be taken before the birth of

24 the child:

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1 (a) service of process;

2 (b) the taking of depositions to perpetuate testimony; and

3 (c) except as prohibited by Article 4 of this Act,

4 collection of specimens for genetic testing.

5 Section 613. Child as party; representation.

6 (a) A minor child is a permissible party, but is not a

7 necessary party to a proceeding under this Article.

8 (b) The court shall appoint a guardian ad litem, child's

9 representative, or attorney for the child to represent a minor

10 or incapacitated child if the child is a party or the court

11 finds that the interests of the child are not adequately

12 represented.

13 Section 614. Admissibility of results of genetic testing;

14 expenses.

15 (a) If a child has a presumed, acknowledged, or adjudicated

16 parent, the results of genetic testing are inadmissible to

17 adjudicate parentage unless performed:

18 (1) with the consent of both the mother and the

19 presumed, acknowledged, or adjudicated parent; or

20 (2) pursuant to an order of the court under Section 402

21 of this Act.

22 (b) Copies of bills for genetic testing and for prenatal

23 and postnatal health care for the mother and child which are

24 furnished to the adverse party not less than 10 days before the

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1 date of a hearing are admissible to establish:

2 (1) the amount of the charges billed; and

3 (2) that the charges were reasonable, necessary, and

4 customary.

5 (c) Certified copies of the bills for costs incurred for

6 pregnancy and childbirth shall be admitted into evidence at

7 judicial or administrative proceedings without foundation

8 testimony or other proof of authenticity or accuracy.

9 Section 615. Consequences of declining genetic testing.

10 (a) An order for genetic testing is enforceable through a

11 proceeding for adjudication of contempt.

12 (b) If an individual whose parentage is being determined

13 declines to submit to genetic testing ordered by the court or

14 administrative agency, the court or administrative agency may

15 adjudicate parentage contrary to the position of that

16 individual.

17 (c) Genetic testing of the mother of a child is not a

18 condition precedent to genetically testing the child and a man

19 whose paternity is being determined. If the mother is

20 unavailable or declines to submit to genetic testing, the court

21 or administrative agency may order the genetic testing of the

22 child and every man whose paternity is being adjudicated.

23 Section 616. Admission of parentage authorized.

24 (a) A respondent in a proceeding to adjudicate parentage

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1 may admit to the parentage of a child by filing a pleading to

2 that effect or by admitting parentage under penalty of perjury

3 when making an appearance or during a hearing.

4 (b) If the court finds that the admission of parentage

5 satisfies the requirements of this Section and finds that there

6 is no reason to question the admission, the court shall enter

7 an order adjudicating the child to be the child of the person

8 admitting parentage.

9 Section 617. Rules for adjudication of parentage. The court

10 shall apply the following rules to adjudicate the parentage of

11 a child:

12 (a) The parentage of a child having an adjudicated parent

13 may be disproved only by admissible results of genetic testing,

14 or other means, excluding that person as the parent of the

15 child or identifying another person as the parent of the child.

16 (b) Unless the results of the genetic testing or other

17 evidence are admitted to rebut other results of genetic

18 testing, a person identified as the parent of a child under

19 Section 404 of this Act may be adjudicated the parent of the

20 child.

21 (c) If the court finds that genetic testing under Section

22 404 neither identifies nor excludes a person as the parent of a

23 child, the court may not dismiss the proceeding. In that event,

24 the results of genetic testing and other evidence are

25 admissible to adjudicate the issue of parentage.

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1 (d) Unless the results of genetic testing are admitted to

2 rebut other results of genetic testing, a person excluded as

3 the parent of a child by genetic testing may be adjudicated not

4 to be the parent of the child.

5 Section 618. Pre-trial proceedings. As soon as practicable

6 after an action to declare the existence or non-existence of

7 the parent-child relationship has been brought, and the parties

8 are at issue, the court may conduct a pre-trial conference.

9 Section 619. Jury prohibited. Trial by jury is not

10 available under this Act.

11 Section 620. Order on default. The court may issue an order

12 adjudicating the parentage of a person who is in default after

13 service of process.

14 Section 621. Binding effect of determination of parentage.

15 (a) Except as otherwise provided in subsection (b) of this

16 Section, a determination of parentage is binding on:

17 (1) all signatories to an acknowledgment or denial as

18 provided in Article 3 of this Act; and

19 (2) all parties to an adjudication by a court acting

20 under circumstances that satisfy the jurisdictional

21 requirements of Section 201 of the Uniform Interstate

22 Family Support Act.

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1 (b) A child is not bound by a determination of parentage

2 under this Act unless:

3 (1) the determination was based on an unrescinded

4 acknowledgment as provided in Article 3 of this Act and the

5 acknowledgment is consistent with the results of genetic

6 testing;

7 (2) the adjudication of parentage was based on a

8 finding consistent with the results of genetic testing and

9 the consistency is declared in the determination or is

10 otherwise shown;

11 (3) the child was a party or was represented in the

12 proceeding determining parentage by a guardian ad litem,

13 child's representative or attorney for the child.

14 (4) the child was no longer a minor at the time the

15 proceeding was initiated and was the moving party resulting

16 in the parentage determination.

17 (c) In a proceeding for dissolution of marriage, civil

18 union, or substantially similar legal relationship,

19 declaration of invalidity of marriage, civil union, or

20 substantially similar legal relationship, or legal separation,

21 the court is deemed to have made an adjudication of the

22 parentage of a child if the court acts under circumstances that

23 satisfy the jurisdictional requirements of Section 201 of the

24 Uniform Interstate Family Support Act, and the final order:

25 (1) expressly identifies a child as a "child of the

26 marriage, civil union, or substantially similar legal

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1 relationship", "issue of the marriage, civil union, or

2 substantially similar legal relationship", or uses similar

3 words indicating that a party to the marriage, civil union,

4 or substantially similar legal relationship is the parent

5 of the child; or

6 (2) provides for support of the child by the parties to

7 the marriage, civil union, or substantially similar legal

8 relationship, unless parentage is specifically disclaimed

9 in the order.

10 (d) Except as otherwise provided in subsection (b) of this

11 Section, a determination of parentage may be a defense in a

12 subsequent proceeding seeking to adjudicate parentage by an

13 individual who was not a party to the earlier proceeding.

14 (e) A party to an adjudication of parentage may challenge

15 the adjudication only under the laws of this State relating to

16 appeal, vacation of judgments, or other judicial review.

17 Section 622. Custody or visitation prohibited to men who

18 father through sexual assault or sexual abuse.

19 (a) This Section applies to a person who has been found to

20 be the father of a child under this Act and who:

21 (1) has been convicted of or who has pled guilty or

22 nolo contendere to a violation of Section 11-1.20 (criminal

23 sexual assault), Section 11-1.30 (aggravated criminal

24 sexual assault), Section 11-1.40 (predatory criminal

25 sexual assault of a child), Section 11-1.50 (criminal

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1 sexual abuse), Section 11-1.60 (aggravated criminal sexual

2 abuse), Section 11-11 (sexual relations within families),

3 Section 12-13 (criminal sexual assault), Section 12-14

4 (aggravated criminal sexual assault), Section 12-14.1

5 (predatory criminal sexual assault of a child), Section

6 12-15 (criminal sexual abuse), or Section 12-16

7 (aggravated criminal sexual abuse) of the Criminal Code of

8 1961 or the Criminal Code of 2012, or a similar statute in

9 another jurisdiction, for his conduct in fathering that

10 child; or

11 (2) at a fact-finding hearing, is found by clear and

12 convincing evidence to have committed an act of

13 non-consensual sexual penetration for his conduct in

14 fathering that child.

15 (b) A person described in subsection (a) shall not be

16 entitled to custody of or visitation with that child without

17 the consent of the child's mother or guardian. If the person

18 described in subsection (a) is also the guardian of the child,

19 he does not have the authority to consent to visitation or

20 custody under this Section. If the mother of the child is a

21 minor, and the person described in subsection (a) is also the

22 father or guardian of the mother, then he does not have the

23 authority to consent to custody or visits.

24 (c) Notwithstanding any other provision of this Act,

25 nothing in this Section shall be construed to relieve the

26 father described in subsection (a) of any support and

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1 maintenance obligations to the child under this Act. The

2 child's mother or guardian may decline support and maintenance

3 obligations from the father.

4 (d) Notwithstanding any other provision of law, the father

5 described in subsection (a) of this Section is not entitled to

6 any inheritance or other rights from the child without the

7 consent of the child's mother or guardian.

8 (e) Notwithstanding any provision of the Illinois Marriage

9 and Dissolution of Marriage Act, the parent, grandparent,

10 great-grandparent, or sibling of the person described in

11 subsection (a) of this Section does not have standing to bring

12 an action requesting custody or visitation with the child

13 without the consent of the child's mother or guardian.

14 (f) A petition under this Section may be filed by the

15 child's mother or guardian either as an affirmative petition in

16 circuit court or as an affirmative defense in any proceeding

17 filed by the person described in subsection (a) of this Section

18 regarding the child.

19 ARTICLE 7. CHILD OF ASSISTED REPRODUCTION

20 Section 701. Scope of Article. This Article does not apply

21 to the birth of a child conceived by means of sexual

22 intercourse or as a result of a valid gestational surrogacy

23 contract under the Gestational Surrogacy Act or other law.

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1 Section 702. Parental status of donor. Except as provided

2 in this Act, a donor is not a parent of a child conceived by

3 means of assisted reproduction.

4 Section 703. Parentage of a child of assisted reproduction.

5 A person who provides gametes for, or consents to, assisted

6 reproduction by a woman as provided in Section 704 of this Act

7 with the intent to be the parent of her child is a parent of the

8 resulting child.

9 Section 704. Consent to assisted reproduction.

10 (a) Consent by an individual who intends to be a parent of

11 a child born to a woman must be in a writing signed by the woman

12 and the individual consenting to be the parent. A writing

13 includes a certificate of birth naming both intended parents or

14 a written ratification of a prior oral agreement to assisted

15 reproduction.

16 (b) Failure to establish the consent required by subsection

17 (a) of this Section, before or after the birth of the child,

18 does not preclude a presumption under Section 204 of this Act.

19 (c) In order to be valid, both parties signing a consent

20 under this Section must be at least 18 years of age at the time

21 the writing is executed.

22 (d) A consent may not be entered that would result in the

23 birth of a child created by sperm and eggs of parties who are

24 blood relatives of the first degree.

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1 Section 705. Effect of petition or withdrawal of consent.

2 (a) If a petition for legal separation or for the

3 dissolution or declaration of invalidity of a marriage, civil

4 union, or substantially similar legal relationship is filed and

5 properly served or notice is given of the filing of the

6 petition to the other party before implantation of existing

7 gametes or an embryo or embryos, then consent to assisted

8 reproduction shall be treated as being withdrawn unless the

9 party and the woman, after the filing of the petition or the

10 giving of notice of the filing of the petition to the other

11 party, sign a new writing consenting to the assisted

12 reproduction or ratify, in writing, a prior written consent.

13 (b) Consent to assisted reproduction may be withdrawn by an

14 individual in a writing given with proper notice to the other

15 party at any time before implantation of the gametes or an

16 embryo or embryos. An individual who withdraws consent under

17 this Section is not a parent of any resulting child.

18 Section 706. Parental status of deceased individual. If an

19 individual does not consent in a writing to be a parent by

20 assisted reproduction after death and dies before the

21 implantation of gametes or an embryo or embryos, the deceased

22 individual is not a parent of the resulting child.

23 Section 707. Burden of proof. A consent executed under

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1 Section 704 of this Act or a withdrawal of consent under

2 Section 705 of this Act must be proven by clear and convincing

3 evidence.

4 ARTICLE 8. SUPPORT AND JUDGMENT

5 Section 801. Child support orders.

6 (a) Notwithstanding any other law to the contrary, pending

7 the outcome of a judicial determination of parentage, the court

8 shall issue an order for child support upon motion by a party

9 and a showing of clear and convincing evidence of parentage. In

10 determining the amount of the child support award, the court

11 shall use the guidelines and standards set forth in Sections

12 505 and 505.2 of the Illinois Marriage and Dissolution of

13 Marriage Act.

14 (b) Any new or existing support order entered by the court

15 under this Section shall be deemed to be a series of judgments

16 against the person obligated to pay support thereunder, each

17 judgment to be in the amount of each payment or installment of

18 support and each judgment to be deemed entered as of the date

19 the corresponding payment or installment becomes due under the

20 terms of the support order. Each judgment shall have the full

21 force, effect, and attributes of any other judgment of this

22 State, including the ability to be enforced. A judgment under

23 this Section is subject to modification or termination only in

24 accordance with Section 510 of the Illinois Marriage and

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1 Dissolution of Marriage Act. Notwithstanding any other state or

2 local law to the contrary, a lien arises by operation of law

3 against the real and personal property of the noncustodial

4 parent for each installment of overdue support owed by the

5 noncustodial parent.

6 (c) An order for support, when entered or modified, shall

7 include a provision requiring the non-custodial parent to

8 notify the court and, in cases in which a party is receiving

9 child support enforcement services under Article X of the

10 Illinois Public Aid Code, the Department of Healthcare and

11 Family Services, within 7 days: (i) of the name and address of

12 any new employer of the non-custodial parent; (ii) whether the

13 non-custodial parent has access to health insurance coverage

14 through the employer or other group coverage and, if so, of the

15 policy name and number and the names of adults and initials of

16 minors covered under the policy; and (iii) of any new

17 residential or mailing address or telephone number of the

18 non-custodial parent. In any subsequent action to enforce a

19 support order, upon a sufficient showing that a diligent effort

20 has been made to ascertain the location of the non-custodial

21 parent, service of process or provision of notice necessary in

22 the case may be made at the last known address of the

23 non-custodial parent in any manner expressly provided by this

24 Act or the Code of Civil Procedure, and shall be sufficient for

25 purposes of due process.

26 (d) An order for support shall include a date on which the

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1 current support obligation terminates. The termination date

2 shall be no earlier than the date on which the child covered by

3 the order will attain the age of 18. However, if the child will

4 not graduate from high school until after attaining the age of

5 18, then the termination date shall be no earlier than the

6 earlier of the date on which the child's high school graduation

7 will occur or the date on which the child will attain the age

8 of 19. The order for support shall state that the termination

9 date does not apply to any arrearage that may remain unpaid on

10 that date. Nothing in this subsection shall be construed to

11 prevent the court from modifying the order or terminating the

12 order in the event the child is otherwise emancipated.

13 (e) If there is an unpaid arrearage or delinquency (as

14 those terms are defined in the Income Withholding for Support

15 Act) equal to at least one month's support obligation on the

16 termination date stated in the order for support or, if there

17 is no termination date stated in the order, on the date the

18 child attains the age of majority or is otherwise emancipated,

19 the periodic amount required to be paid for current support of

20 that child immediately prior to that date shall automatically

21 continue to be an obligation, not as current support but as

22 periodic payment toward satisfaction of the unpaid arrearage or

23 delinquency. The periodic payment shall be in addition to any

24 periodic payment previously required for satisfaction of the

25 arrearage or delinquency. The total periodic amount to be paid

26 toward satisfaction of the arrearage or delinquency may be

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1 enforced and collected by any method provided by law for the

2 enforcement and collection of child support including, but not

3 limited to, income withholding under the Income Withholding for

4 Support Act. Each order for support entered or modified must

5 contain a statement notifying the parties of the requirements

6 of this subsection. Failure to include the statement in the

7 order for support does not affect the validity of the order or

8 the operation of the provisions of this subsection with regard

9 to the order. This subsection shall not be construed to prevent

10 or affect the establishment or modification of an order for the

11 support of a minor child or the establishment or modification

12 of an order for the support of a non-minor child or educational

13 expenses under Section 513 of the Illinois Marriage and

14 Dissolution of Marriage Act.

15 (f) An order entered under this Section shall include a

16 provision requiring the obligor to report to the obligee and to

17 the clerk of the circuit court within 7 days each time the

18 obligor obtains new employment, and each time the obligor's

19 employment is terminated for any reason. The report shall be in

20 writing and shall, in the case of new employment, include the

21 name and address of the new employer. Failure to report new

22 employment or the termination of current employment, if coupled

23 with nonpayment of support for a period in excess of 60 days,

24 is indirect criminal contempt. For an obligor arrested for

25 failure to report new employment, bond shall be set in the

26 amount of the child support that should have been paid during

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1 the period of unreported employment. An order entered under

2 this Section shall also include a provision requiring the

3 obligor and obligee parents to advise each other of a change in

4 residence within 5 days of the change except when the court

5 finds that the physical, mental, or emotional health of a party

6 or that of a minor child, or both, would be seriously

7 endangered by disclosure of the party's address.

8 Section 802. Judgment.

9 (a) The court shall issue an order adjudicating whether a

10 person alleged or claiming to be the parent is the parent of

11 the child. An order adjudicating parentage must identify the

12 child by initials and year of birth.

13 The court may assess filing fees, reasonable attorney's

14 fees, fees for genetic testing, other costs, necessary travel

15 expenses, and other reasonable expenses incurred in a

16 proceeding under this Act. The court may award attorney's fees,

17 which may be paid directly to the attorney, who may enforce the

18 order in the attorney's own name. The court may not assess

19 fees, costs, or expenses against the support-enforcement

20 agency of this State or another state, except as provided by

21 other law.

22 The judgment shall contain or explicitly reserve

23 provisions concerning any duty and amount of child support and

24 may contain provisions concerning the custody and guardianship

25 of the child, parenting time privileges with the child, and the

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1 furnishing of bond or other security for the payment of the

2 judgment, which the court shall determine in accordance with

3 the relevant factors set forth in the Illinois Marriage and

4 Dissolution of Marriage Act and any other applicable law of

5 this State, to guide the court in a finding in the best

6 interests of the child. In determining custody, joint custody,

7 removal, parenting time, parenting time interference, support

8 for a non-minor disabled child, educational expenses for a

9 non-minor child, and related post-judgment issues, the court

10 shall apply the relevant standards of the Illinois Marriage and

11 Dissolution of Marriage Act. Specifically, in determining the

12 amount of a child support award, the court shall use the

13 guidelines and standards set forth in subsection (a) of Section

14 505 and in Section 505.2 of the Illinois Marriage and

15 Dissolution of Marriage Act. The court shall order all child

16 support payments, determined in accordance with such

17 guidelines, to commence with the date summons is served. The

18 level of current periodic support payments shall not be reduced

19 because of payments set for the period prior to the date of

20 entry of the support order.

21 (b) In an action brought within 2 years after a child's

22 birth, the judgment or order may direct either parent to pay

23 the reasonable expenses incurred by either parent or the

24 Department of Healthcare and Family Services related to the

25 mother's pregnancy and the delivery of the child.

26 (c) If a judgment of parentage contains no explicit award

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1 of custody, the establishment of a child support obligation or

2 of parenting time rights in one parent shall be considered a

3 judgment granting custody to the other parent. If the parentage

4 judgment contains no such provisions, custody shall be presumed

5 to be with the mother; however, the presumption shall not apply

6 if the father has had physical custody for at least 6 months

7 prior to the date that the mother seeks to enforce custodial

8 rights.

9 (d) The court, if necessary to protect and promote the best

10 interests of the child, may set aside a portion of the

11 separately held estates of the parties in a separate fund or

12 trust for the support, education, physical and mental health,

13 and general welfare of a minor or mentally or physically

14 disabled child of the parties.

15 (e) The court may order child support payments to be made

16 for a period prior to the commencement of the action. In

17 determining whether and to what extent the payments shall be

18 made for the prior period, the court shall consider all

19 relevant facts, including but not limited to:

20 (1) The factors for determining the amount of support

21 specified in the Illinois Marriage and Dissolution of

22 Marriage Act.

23 (2) The father's prior knowledge of the fact and

24 circumstances of the child's birth.

25 (3) The father's prior willingness or refusal to help

26 raise or support the child.

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1 (4) The extent to which the mother or the public agency

2 bringing the action previously informed the father of the

3 child's needs or attempted to seek or require his help in

4 raising or supporting the child.

5 (5) The reasons the mother or the public agency did not

6 file the action earlier.

7 (6) The extent to which the father would be prejudiced

8 by the delay in bringing the action.

9 For purposes of determining the amount of child support to

10 be paid for the period before the date the order for current

11 child support is entered, there is a rebuttable presumption

12 that the father's net income for the prior period was the same

13 as his net income at the time the order for current child

14 support is entered.

15 If (i) the non-custodial parent was properly served with a

16 request for discovery of financial information relating to the

17 non-custodial parent's ability to provide child support; (ii)

18 the non-custodial parent failed to comply with the request,

19 despite having been ordered to do so by the court; and (iii)

20 the non-custodial parent is not present at the hearing to

21 determine support despite having received proper notice, then

22 any relevant financial information concerning the

23 non-custodial parent's ability to provide child support that

24 was obtained pursuant to subpoena and proper notice shall be

25 admitted into evidence without the need to establish any

26 further foundation for its admission.

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1 (f) A new or existing support order entered by the court

2 under this Section shall be deemed to be a series of judgments

3 against the person obligated to pay support thereunder, each

4 judgment to be in the amount of each payment or installment of

5 support and each judgment to be deemed entered as of the date

6 the corresponding payment or installment becomes due under the

7 terms of the support order. Each judgment shall have the full

8 force, effect, and attributes of any other judgment of this

9 State, including the ability to be enforced. A judgment under

10 this Section is subject to modification or termination only in

11 accordance with Section 510 of the Illinois Marriage and

12 Dissolution of Marriage Act. Notwithstanding any State or local

13 law to the contrary, a lien arises by operation of law against

14 the real and personal property of the noncustodial parent for

15 each installment of overdue support owed by the noncustodial

16 parent.

17 (g) If the judgment or order of the court is at variance

18 with the child's birth certificate, the court shall order that

19 a new birth certificate be issued under the Vital Records Act.

20 (h) On the request of both parents, the court shall order a

21 change in the child's name.

22 (i) After hearing evidence, the court may stay payment of

23 support during the period of the father's minority or period of

24 disability.

25 (j) If, upon a showing of proper service, the father fails

26 to appear in court or otherwise appear as provided by law, the

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1 court may proceed to hear the cause upon testimony of the

2 mother or other parties taken in open court and shall enter a

3 judgment by default. The court may reserve any order as to the

4 amount of child support until the father has received notice,

5 by regular mail, of a hearing on the matter.

6 (k) An order for support, when entered or modified, shall