Section 1650.271  Evidence of Parentage

a)         A child born to the wife of a member is presumed to be legitimate.

b)         A child conceived out of lawful wedlock shall not receive benefits as an eligible child until parentage has been established.

c)         The following evidence shall establish parentage:

1)         Certified copy of a court order finding the member was the natural father of the illegitimate child; or

2)         Certified copy of a Settlement Agreement which has been approved by a court for the support of an illegitimate child; or

3)         Written acknowledgment of paternity (e.g., pleadings filed in any proceeding pending before a court, or submittals to a public agency, or a document signed by the putative father) and evidence (e.g., cancelled checks or receipts from the mother) that the member contributed to the support of the child; or

4)         Certified copy of a court order entered pursuant to a declaratory judgment action establishing either a support obligation or visitation rights; or

5)         Copy of the public record of marriage when a child is born to a bigamous marriage; or

6)         Copy of the public record of marriage of the parents of an illegitimate child who marry and the putative father acknowledges parentage in writing (e.g., pleadings filed in any proceeding pending before a court, or submittals to a public agency, or a document signed by the putative father).

d)         Submission of the following evidence shall prohibit a finding of parentage.

1)         The child's mother has admitted someone other than the member is the father.

2)         The child has been adopted by a person other than the member.

(Source:  Added at 12 Ill. Reg. 16896, effective October 3, 1988)