093_SB1869ham001
LRB093 10966 LCB 16463 a
1 AMENDMENT TO SENATE BILL 1869
2 AMENDMENT NO. . Amend Senate Bill 1869 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The Frauds Act is amended by changing
5 Section 1 as follows:
6 (740 ILCS 80/1) (from Ch. 59, par. 1)
7 Sec. 1. Except as provided in Section 3 of the Illinois
8 Parentage Act in the case of the paternity of a child
9 conceived by artificial insemination, That no action shall be
10 brought, whereby to charge any executor or administrator upon
11 any special promise to answer any debt or damages out of his
12 own estate, or whereby to charge the defendant upon any
13 special promise to answer for the debt, default or
14 miscarriage of another person, or to charge any person upon
15 any agreement made upon consideration of marriage, or upon
16 any agreement that is not to be performed within the space of
17 one year from the making thereof, unless the promise or
18 agreement upon which such action shall be brought, or some
19 memorandum or note thereof, shall be in writing, and signed
20 by the party to be charged therewith, or some other person
21 thereunto by him lawfully authorized.
22 (Source: R.S. 1874, p. 540.)
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1 Section 10. The Illinois Parentage Act is amended by
2 changing the title of the Act and Section 3 as follows:
3 (750 ILCS 40/Act Title)
4 An Act to define the legal relationships of a child born
5 to a woman wife and a man husband requesting and consenting
6 to heterologous artificial insemination.
7 (750 ILCS 40/3) (from Ch. 40, par. 1453)
8 Sec. 3. (a) If, under the supervision of a licensed
9 physician and with the consent of the intended legal father
10 of the child her husband, a woman wife is inseminated
11 artificially with semen donated by a man other than the
12 intended legal father not her husband, the intended legal
13 father husband shall be treated in law as if he were the
14 natural father of a child thereby conceived. The intended
15 legal father's husband's consent (i) shall must be in writing
16 executed and acknowledged by both the intended legal father
17 husband and the woman wife or (ii) may be inferred from clear
18 and convincing evidence that the intended legal father
19 consented to the artificial insemination procedure. If the
20 intended legal father and the woman execute a written consent
21 to the procedure, the physician who is to perform the
22 technique shall certify their signatures and the date of the
23 insemination, and file the intended legal father's husband's
24 consent in the medical record where it shall be kept
25 confidential and held by the patient's physician. However,
26 the physician's failure to do so shall not affect the legal
27 relationship between father and child. All papers and records
28 pertaining to the insemination, whether part of the permanent
29 medical record held by the physician or not, are subject to
30 inspection only upon an order of the court for good cause
31 shown.
32 (b) The donor of semen provided to a licensed physician
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1 for use in artificial insemination of a woman other than the
2 donor's wife shall be treated in law as if he were not the
3 natural father of a child thereby conceived.
4 (Source: P.A. 83-1026.)".