Public Act 093-1095
 
HB1021 Enrolled LRB093 05534 DRJ 05626 b

    AN ACT concerning family law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Parentage Act of 1984 is amended by
changing Section 6 as follows:
 
    (750 ILCS 45/6)  (from Ch. 40, par. 2506)
    Sec. 6. Establishment of Parent and Child Relationship by
Consent of the Parties.
    (a) A parent and child relationship may be established
voluntarily by the signing and witnessing of a voluntary
acknowledgment of parentage in accordance with Section 12 of
the Vital Records Act, Section 10-17.7 of the Illinois Public
Aid Code, or the provisions of the Gestational Surrogacy Act.
The voluntary acknowledgment of parentage shall contain the
social security numbers of the persons signing the voluntary
acknowledgment of parentage; however, failure to include the
social security numbers of the persons signing a voluntary
acknowledgment of parentage does not invalidate the voluntary
acknowledgment of parentage.
        (1) A parent-child relationship may be established in
    the event of gestational surrogacy if all of the following
    conditions are met prior to the birth of the child:
            (A) The gestational surrogate certifies that she
        is not the biological mother of the child, and that she
        is carrying the child for the intended parents.
            (B) The husband, if any, of the gestational
        surrogate certifies that he is not the biological
        father of the child.
            (C) The intended mother certifies that she
        provided or an egg donor donated the egg from which the
        child being carried by the gestational surrogate was
        conceived.
            (D) The intended father certifies that he provided
        or a sperm donor donated the sperm from which the child
        being carried by the gestational surrogate was
        conceived.
            (E) A physician licensed to practice medicine in
        all its branches in the State of Illinois certifies
        that the child being carried by the gestational
        surrogate is the biological child of the intended
        mother or the and intended father or both and that
        neither the gestational surrogate nor the gestational
        surrogate's husband, if any, is a biological parent of
        the child being carried by the gestational surrogate.
            (E-5) The attorneys for the intended parents and
        the gestational surrogate each certifies that the
        parties entered into a gestational surrogacy contract
        intended to satisfy the requirements of Section 25 of
        the Gestational Surrogacy Act with respect to the
        child.
            (F) All certifications shall be in writing and
        witnessed by 2 competent adults who are not the
        gestational surrogate, gestational surrogate's
        husband, if any, intended mother, or intended father.
        Certifications shall be on forms prescribed by the
        Illinois Department of Public Health, shall be
        executed prior to the birth of the child, and shall be
        placed in the medical records of the gestational
        surrogate prior to the birth of the child. Copies of
        all certifications shall be delivered to the Illinois
        Department of Public Health prior to the birth of the
        child.
        (2) Unless otherwise determined by order of the Circuit
    Court, the child shall be presumed to be the child of the
    gestational surrogate and of the gestational surrogate's
    husband, if any, if all requirements of subdivision (a)(1)
    are not met prior to the birth of the child. This
    presumption may be rebutted by clear and convincing
    evidence. The circuit court may order the gestational
    surrogate, gestational surrogate's husband, intended
    mother, intended father, and child to submit to such
    medical examinations and testing as the court deems
    appropriate.
    (b) Notwithstanding any other provisions of this Act,
paternity established in accordance with subsection (a) has the
full force and effect of a judgment entered under this Act and
serves as a basis for seeking a child support order without any
further proceedings to establish paternity.
    (c) A judicial or administrative proceeding to ratify
paternity established in accordance with subsection (a) is
neither required nor permitted.
    (d) A signed acknowledgment of paternity entered under this
Act may be challenged in court only on the basis of fraud,
duress, or material mistake of fact, with the burden of proof
upon the challenging party. Pending outcome of the challenge to
the acknowledgment of paternity, the legal responsibilities of
the signatories shall remain in full force and effect, except
upon order of the court upon a showing of good cause.
    (e) Once a parent and child relationship is established in
accordance with subsection (a), an order for support may be
established pursuant to a petition to establish an order for
support by consent filed with the clerk of the circuit court. A
copy of the properly completed acknowledgment of parentage form
shall be attached to the petition. The petition shall ask that
the circuit court enter an order for support. The petition may
ask that an order for visitation, custody, or guardianship be
entered. The filing and appearance fees provided under the
Clerks of Courts Act shall be waived for all cases in which an
acknowledgment of parentage form has been properly completed by
the parties and in which a petition to establish an order for
support by consent has been filed with the clerk of the circuit
court. This subsection shall not be construed to prohibit
filing any petition for child support, visitation, or custody
under this Act, the Illinois Marriage and Dissolution of
Marriage Act, or the Non-Support Punishment Act. This
subsection shall also not be construed to prevent the
establishment of an administrative support order in cases
involving persons receiving child support enforcement services
under Article X of the Illinois Public Aid Code.
(Source: P.A. 92-16, eff. 6-28-01; 93-921, eff. 1-1-05.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.