Sen. John J. Cullerton
Filed: 11/15/2004
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1 | AMENDMENT TO HOUSE BILL 1021
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2 | AMENDMENT NO. ______. Amend House Bill 1021 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Parentage Act of 1984 is amended | ||||||
5 | by changing Section 6 as follows:
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6 | (750 ILCS 45/6) (from Ch. 40, par. 2506)
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7 | Sec. 6. Establishment of Parent and Child Relationship by | ||||||
8 | Consent of
the Parties. | ||||||
9 | (a) A parent and child relationship may be established | ||||||
10 | voluntarily by the
signing and witnessing of a voluntary | ||||||
11 | acknowledgment of parentage in accordance
with Section 12 of | ||||||
12 | the Vital Records Act, Section 10-17.7 of the Illinois
Public | ||||||
13 | Aid Code, or the provisions of the Gestational Surrogacy Act.
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14 | The voluntary acknowledgment of parentage shall contain the | ||||||
15 | social security
numbers of the persons signing the voluntary | ||||||
16 | acknowledgment of parentage;
however,
failure to include the
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17 | social security numbers of the persons signing a voluntary | ||||||
18 | acknowledgment of
parentage does not
invalidate the voluntary | ||||||
19 | acknowledgment of parentage.
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20 | (1) A parent-child relationship may be established in | ||||||
21 | the event of
gestational surrogacy if all of the following | ||||||
22 | conditions are met prior to the birth of the
child:
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23 | (A) The gestational surrogate certifies that she | ||||||
24 | is not the biological mother
of the child, and that she |
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1 | is carrying the child for the intended parents.
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2 | (B) The husband, if any, of the gestational
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3 | surrogate certifies that he is
not the biological | ||||||
4 | father of the child.
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5 | (C) The intended mother certifies that she | ||||||
6 | provided or an egg donor donated the egg from which
the | ||||||
7 | child being carried by the gestational surrogate was | ||||||
8 | conceived.
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9 | (D) The intended father certifies that he provided | ||||||
10 | or a sperm donor donated the sperm from which
the child | ||||||
11 | being carried by the gestational
surrogate was | ||||||
12 | conceived.
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13 | (E) A physician licensed to practice medicine in | ||||||
14 | all its branches in the
State of Illinois certifies | ||||||
15 | that the child being carried by the gestational
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16 | surrogate
is the biological child of the intended | ||||||
17 | mother or the
and
intended father or both and that | ||||||
18 | neither the gestational
surrogate nor the
gestational | ||||||
19 | surrogate's husband, if any, is a biological parent of | ||||||
20 | the child being
carried by the gestational surrogate.
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21 | (E-5) The attorneys for the intended parents and | ||||||
22 | the gestational surrogate each certifies that the | ||||||
23 | parties entered into a gestational surrogacy contract | ||||||
24 | intended to satisfy the requirements of Section 25 of | ||||||
25 | the Gestational Surrogacy Act with respect to the | ||||||
26 | child.
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27 | (F) All certifications shall be in writing and | ||||||
28 | witnessed by 2 competent
adults who are not the | ||||||
29 | gestational surrogate, gestational surrogate's | ||||||
30 | husband, if any,
intended mother, or intended father. | ||||||
31 | Certifications shall be on forms
prescribed by the | ||||||
32 | Illinois Department of Public Health, shall be | ||||||
33 | executed prior
to the birth of the child, and shall be | ||||||
34 | placed in the medical records of the
gestational
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1 | surrogate prior to the birth of the child. Copies of | ||||||
2 | all
certifications shall be delivered to the Illinois | ||||||
3 | Department of Public Health
prior to the birth of the | ||||||
4 | child.
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5 | (2) Unless otherwise determined by order of the Circuit | ||||||
6 | Court, the child
shall be presumed to be the child of the | ||||||
7 | gestational surrogate and of the gestational surrogate's | ||||||
8 | husband, if any, if all requirements of subdivision (a)(1) | ||||||
9 | are not
met
prior to the birth of the child. This | ||||||
10 | presumption may be rebutted by clear and
convincing | ||||||
11 | evidence. The circuit court may order the gestational | ||||||
12 | surrogate,
gestational surrogate's husband, intended | ||||||
13 | mother, intended father, and child to
submit to such | ||||||
14 | medical examinations and testing as the court deems
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15 | appropriate.
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16 | (b) Notwithstanding any other provisions of this Act, | ||||||
17 | paternity established
in accordance with subsection (a) has the | ||||||
18 | full force and effect of a judgment
entered under this Act and | ||||||
19 | serves as a basis for seeking a child support order
without any | ||||||
20 | further proceedings to establish paternity.
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21 | (c) A judicial or administrative proceeding to ratify | ||||||
22 | paternity
established
in accordance with subsection (a) is | ||||||
23 | neither required nor permitted.
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24 | (d) A signed acknowledgment of paternity entered under this | ||||||
25 | Act may be
challenged in court only on the basis of fraud, | ||||||
26 | duress, or material mistake of
fact, with the burden of proof | ||||||
27 | upon the challenging party. Pending outcome of
the challenge to | ||||||
28 | the acknowledgment of paternity, the legal responsibilities of
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29 | the signatories shall remain in full force and effect, except | ||||||
30 | upon order of the
court upon a showing of good cause.
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31 | (e) Once a parent and child relationship is established in | ||||||
32 | accordance with
subsection (a), an order for support may be | ||||||
33 | established pursuant to a petition
to establish an order for | ||||||
34 | support by consent filed with the clerk of the
circuit court. A |
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1 | copy of the properly completed acknowledgment of parentage
form | ||||||
2 | shall be attached to the petition. The petition shall ask that | ||||||
3 | the
circuit court enter an order for support. The petition may | ||||||
4 | ask that an order
for visitation, custody, or guardianship be | ||||||
5 | entered. The filing and appearance
fees provided under the | ||||||
6 | Clerks of Courts Act shall be waived for all cases in
which an | ||||||
7 | acknowledgment of parentage form has been properly completed by | ||||||
8 | the
parties and in which a petition to establish an order for | ||||||
9 | support by consent
has been filed with the clerk of the circuit | ||||||
10 | court. This subsection shall not
be construed to prohibit | ||||||
11 | filing any petition for child support, visitation, or
custody | ||||||
12 | under this Act, the Illinois Marriage and Dissolution of | ||||||
13 | Marriage Act,
or the Non-Support Punishment Act. This | ||||||
14 | subsection shall also not
be construed to prevent the | ||||||
15 | establishment of
an administrative support order in cases | ||||||
16 | involving persons receiving child
support enforcement services | ||||||
17 | under Article X of the Illinois Public Aid Code.
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18 | (Source: P.A. 92-16, eff. 6-28-01; 93-921, eff. 1-1-05.)
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19 | Section 99. Effective date. This Act takes effect upon | ||||||
20 | becoming law.".
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