HB5775 EnrolledLRB099 18937 MJP 43326 b

1    AN ACT concerning health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Vital Records Act is amended by changing
5Section 12 as follows:
 
6    (410 ILCS 535/12)
7    Sec. 12. Live births; place of registration.
8    (1) Each live birth which occurs in this State shall be
9registered with the local or subregistrar of the district in
10which the birth occurred as provided in this Section, within 7
11days after the birth. When a birth occurs on a moving
12conveyance, the city, village, township, or road district in
13which the child is first removed from the conveyance shall be
14considered the place of birth and a birth certificate shall be
15filed in the registration district in which the place is
16located.
17    (2) When a birth occurs in an institution, the person in
18charge of the institution or his designated representative
19shall obtain and record all the personal and statistical
20particulars relative to the parents of the child that are
21required to properly complete the live birth certificate; shall
22secure the required personal signatures on the hospital
23worksheet; shall prepare the certificate from this worksheet;

 

 

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1and shall file the certificate with the local registrar. The
2institution shall retain the hospital worksheet permanently or
3as otherwise specified by rule. The physician in attendance
4shall verify or provide the date of birth and medical
5information required by the certificate, within 24 hours after
6the birth occurs.
7    (3) When a birth occurs outside an institution, the
8certificate shall be prepared and filed by one of the following
9in the indicated order of priority:
10        (a) The physician in attendance at or immediately after
11    the birth, or in the absence of such a person,
12        (b) Any other person in attendance at or immediately
13    after the birth, or in the absence of such a person,
14        (c) The father, the mother, or in the absence of the
15    father and the inability of the mother, the person in
16    charge of the premises where the birth occurred.
17    (4) Unless otherwise provided in this Act, if the mother
18was not married to the father of the child at either the time
19of conception or the time of birth, the name of the father
20shall be entered on the child's birth certificate only if the
21mother and the person to be named as the father have signed a
22voluntary an acknowledgment of paternity form parentage in
23accordance with subsection (5).
24    Unless otherwise provided in this Act, if the mother was
25married at the time of conception or birth and the presumed
26father (that is, the mother's husband) is not the biological

 

 

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1father of the child, the name of the biological father shall be
2entered on the child's birth certificate only if, in accordance
3with subsection (5), (i) the mother and the person to be named
4as the father have signed a voluntary an acknowledgment of
5paternity form parentage and (ii) the mother and presumed
6father have signed a denial of parentage form paternity.
7    (5) Upon the birth of a child to an unmarried woman, or
8upon the birth of a child to a woman who was married at the time
9of conception or birth and whose husband is not the biological
10father of the child, the institution at the time of birth and
11the local registrar or county clerk after the birth shall do
12the following:
13        (a) Provide (i) an opportunity for the child's mother
14    and father to sign a voluntary an acknowledgment of
15    paternity form parentage and (ii) if the presumed father is
16    not the biological father, an opportunity for the mother
17    and presumed father to sign a denial of parentage form
18    paternity. The signing and witnessing of the voluntary
19    acknowledgment of paternity form parentage or, if the
20    presumed father of the child is not the biological father,
21    the voluntary acknowledgment of paternity parentage and
22    denial of parentage forms paternity conclusively establish
23    establishes a parent and child relationship in accordance
24    with Sections 5 and 6 of the Illinois Parentage Act of 1984
25    and with the Illinois Parentage Act of 2015 on and after
26    the effective date of that Act.

 

 

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1        The Department of Healthcare and Family Services shall
2    furnish the voluntary acknowledgment of paternity and
3    denial of parentage forms acknowledgment of parentage and
4    denial of paternity form to institutions, county clerks,
5    and State and local registrars' offices. The forms form
6    shall include instructions to send the original signed and
7    witnessed voluntary acknowledgment of paternity parentage
8    and denial of parentage paternity to the Department of
9    Healthcare and Family Services. The voluntary
10    acknowledgement of paternity and denial of parentage forms
11    paternity form shall also include a statement informing the
12    mother, the alleged father, and the presumed father, if
13    any, that they have the right to request deoxyribonucleic
14    acid (DNA) tests regarding the issue of the child's
15    paternity and that by signing the form, they expressly
16    waive such tests. The voluntary acknowledgment of
17    paternity and denial of parentage forms shall contain the
18    data elements required by federal law. The statement shall
19    be set forth in bold-face capital letters not less than
20    0.25 inches in height.
21        (b) Provide the following documents, furnished by the
22    Department of Healthcare and Family Services, to the
23    child's mother, biological father, and (if the person
24    presumed to be the child's father is not the biological
25    father) presumed father for their review at the time the
26    opportunity is provided to establish a parent and child

 

 

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1    relationship:
2            (i) An explanation of the implications of,
3        alternatives to, legal consequences of, and the rights
4        and responsibilities that arise from signing a
5        voluntary an acknowledgment of paternity form
6        parentage and, if necessary, a denial of parentage form
7        paternity, including an explanation of the parental
8        rights and responsibilities of child support,
9        visitation, custody, retroactive support, health
10        insurance coverage, and payment of birth expenses.
11            (ii) An explanation of the benefits of having a
12        child's parentage established and the availability of
13        parentage establishment and child support enforcement
14        services.
15            (iii) A request for an application for child
16        support enforcement services from the Department of
17        Healthcare and Family Services.
18            (iv) Instructions concerning the opportunity to
19        speak, either by telephone or in person, with staff of
20        the Department of Healthcare and Family Services who
21        are trained to clarify information and answer
22        questions about paternity establishment.
23            (v) Instructions for completing and signing the
24        voluntary acknowledgment of paternity parentage and
25        denial of parentage forms paternity.
26        (c) Provide an oral explanation of the documents and

 

 

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1    instructions set forth in subdivision (5)(b), including an
2    explanation of the implications of, alternatives to, legal
3    consequences of, and the rights and responsibilities that
4    arise from signing a voluntary an acknowledgment of
5    paternity form parentage and, if necessary, a denial of
6    parentage form paternity. The oral explanation may be given
7    in person or through the use of video or audio equipment.
8    (6) The institution, State or local registrar, or county
9clerk shall provide an opportunity for the child's father or
10mother to sign a rescission of voluntary acknowledgment of
11paternity or denial of parentage form parentage. The signing
12and witnessing of the rescission of voluntary acknowledgment of
13paternity or denial of parentage form parentage voids the
14voluntary acknowledgment of paternity form parentage and
15nullifies the presumption of paternity if executed and filed
16with the Department of Healthcare and Family Services (formerly
17Illinois Department of Public Aid) within the time frame
18contained in Section 5 of the Illinois Parentage Act of 1984 or
19Section 307 of the Illinois Parentage Act of 2015 on and after
20the effective date of that Act. The Department of Healthcare
21and Family Services shall furnish the rescission of voluntary
22acknowledgment of paternity or denial of parentage form
23parentage form to institutions, county clerks, and State and
24local registrars' offices. The form shall include instructions
25to send the original signed and witnessed rescission of
26voluntary acknowledgment of paternity or denial of parentage

 

 

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1form parentage to the Department of Healthcare and Family
2Services. The rescission of voluntary acknowledgment of
3paternity or denial of parentage form shall contain the data
4elements required by federal law.
5    (7) A voluntary An acknowledgment of paternity form signed
6pursuant to Section 6 of the Illinois Parentage Act of 1984 or
7Section 302 of the Illinois Parentage Act of 2015 on and after
8the effective date of that Act may be challenged in court only
9on the basis of fraud, duress, or material mistake of fact,
10with the burden of proof upon the challenging party. Pending
11outcome of a challenge to the voluntary acknowledgment of
12paternity form, the legal responsibilities of the signatories
13shall remain in full force and effect, except upon order of the
14court upon a showing of good cause.
15    (8) When the process for acknowledgment of parentage as
16provided for under subsection (5) establishes the paternity of
17a child whose certificate of birth is on file in another state,
18the Department of Healthcare and Family Services shall forward
19a copy of the voluntary acknowledgment of paternity, denial of
20parentage, and acknowledgment of parentage, the denial of
21paternity, if applicable, rescission of voluntary
22acknowledgment of paternity or denial of parentage forms and
23the rescission of parentage, if applicable, to the birth record
24agency of the state where the child's certificate of birth is
25on file.
26    (9) In the event the parent-child relationship has been

 

 

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1established in accordance with subdivision (a)(1) of Section 6
2of the Parentage Act of 1984, the names of the biological
3mother and biological father so established shall be entered on
4the child's birth certificate, and the names of the surrogate
5mother and surrogate mother's husband, if any, shall not be on
6the birth certificate.
7    (10) In the event new data elements are included in the
8voluntary acknowledgment of paternity form, denial of
9parentage form, or rescission of voluntary acknowledgment of
10paternity or denial of parentage form, the Department of
11Healthcare and Family Services, in conjunction with the
12Department of Public Health, shall provide instructions that
13have been prescribed by the Department of Healthcare and Family
14Services about the new data elements to the hospital personnel
15responsible for assisting the child's mother, biological
16father, or presumed father with completing the forms.
17(Source: P.A. 99-85, eff. 1-1-16.)