Full Text of HB5775 99th General Assembly
HB5775enr 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning health.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Vital Records Act is amended by changing | 5 | | Section 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 | 9 | | registered
with the local or subregistrar of the district in | 10 | | which the birth occurred
as provided in this Section, within 7 | 11 | | days after the birth. When a
birth occurs on a moving | 12 | | conveyance, the city, village, township, or road
district in | 13 | | which the child is first removed from the conveyance shall be
| 14 | | considered the place of birth and a birth certificate shall be | 15 | | filed in the
registration district in which the place is | 16 | | located.
| 17 | | (2) When a birth occurs in an institution, the person in | 18 | | charge of the
institution or his designated representative | 19 | | shall obtain and record all
the personal and statistical | 20 | | particulars relative to the parents of the
child that are | 21 | | required to properly complete the live birth certificate; shall
| 22 | | secure the required
personal signatures on the hospital | 23 | | worksheet; shall prepare the certificate
from this worksheet; |
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| 1 | | and shall file the certificate with the local
registrar. The | 2 | | institution shall retain the hospital worksheet permanently or
| 3 | | as
otherwise specified by rule. The
physician in attendance | 4 | | shall verify or provide the date of birth and
medical | 5 | | information required by the certificate, within 24 hours after | 6 | | the
birth occurs.
| 7 | | (3) When a birth occurs outside an institution, the | 8 | | certificate shall be
prepared and filed by one of the following | 9 | | in 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 | 18 | | was not married
to the father of the child at either the time | 19 | | of conception or the time of
birth, the name of the father | 20 | | shall be entered on the child's
birth certificate only if the | 21 | | mother and the person to be named as the father
have signed a | 22 | | voluntary an acknowledgment of paternity form parentage in | 23 | | accordance with subsection (5).
| 24 | | Unless otherwise provided in this Act, if the mother was | 25 | | married at the time
of conception or birth and the presumed | 26 | | father (that is, the mother's husband)
is not the biological |
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| 1 | | father of the child, the name of the
biological father shall be | 2 | | entered on the child's birth certificate only if, in
accordance | 3 | | with subsection (5), (i)
the mother and the person to be named | 4 | | as the father have signed a voluntary an
acknowledgment of | 5 | | paternity form parentage and (ii) the mother and presumed | 6 | | father have signed
a denial of parentage form paternity .
| 7 | | (5) Upon the birth of a child to an unmarried woman, or | 8 | | upon the birth of
a child to a woman who was married at the time | 9 | | of conception or birth and whose
husband is not the biological | 10 | | father of the child, the institution at the time
of birth and | 11 | | the local registrar or county clerk after the birth shall do | 12 | | the
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 | 9 | | clerk shall provide
an
opportunity for the child's father or | 10 | | mother to sign a rescission of voluntary acknowledgment of | 11 | | paternity or denial of parentage form parentage .
The signing | 12 | | and witnessing of the rescission of voluntary acknowledgment of | 13 | | paternity or denial of parentage form parentage voids the | 14 | | voluntary
acknowledgment of paternity form parentage and | 15 | | nullifies the presumption of paternity if
executed and filed | 16 | | with the Department of Healthcare and Family Services (formerly | 17 | | Illinois Department of Public Aid) within the
time frame | 18 | | contained in Section 5
of the Illinois Parentage Act of 1984 or | 19 | | Section 307 of the Illinois Parentage Act of 2015 on and after | 20 | | the effective date of that Act.
The Department of Healthcare | 21 | | and Family Services shall furnish the rescission of voluntary | 22 | | acknowledgment of paternity or denial of parentage form | 23 | | parentage
form to institutions, county clerks, and State and | 24 | | local registrars' offices.
The form shall include instructions | 25 | | to send the original signed and witnessed
rescission of | 26 | | voluntary acknowledgment of paternity or denial of parentage |
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| 1 | | form parentage to the Department of Healthcare and Family | 2 | | Services. The rescission of voluntary acknowledgment of | 3 | | paternity or denial of parentage form shall contain the data | 4 | | elements required by federal law.
| 5 | | (7) A voluntary An acknowledgment of paternity form signed | 6 | | pursuant to Section 6 of the
Illinois Parentage Act of 1984 or | 7 | | Section 302 of the Illinois Parentage Act of 2015 on and after | 8 | | the effective date of that Act may be challenged in court only | 9 | | on the basis of
fraud, duress, or material mistake of fact, | 10 | | with the burden of proof upon the
challenging party. Pending | 11 | | outcome of a challenge to the voluntary acknowledgment of
| 12 | | paternity form , the legal responsibilities of the signatories | 13 | | shall remain in full
force and effect, except upon order of the | 14 | | court upon a showing of good cause.
| 15 | | (8) When the process for acknowledgment of parentage as | 16 | | provided for under
subsection (5) establishes the paternity of | 17 | | a child whose certificate of birth
is on file in
another state, | 18 | | the Department of Healthcare and Family Services shall forward | 19 | | a copy of
the voluntary acknowledgment of paternity, denial of | 20 | | parentage, and
acknowledgment of parentage, the denial of | 21 | | paternity , if applicable, rescission of voluntary | 22 | | acknowledgment of paternity or denial of parentage forms and | 23 | | the
rescission of parentage, if applicable, to the birth record | 24 | | agency of the state
where the child's certificate of birth is | 25 | | on file.
| 26 | | (9) In the event the parent-child relationship has been |
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| 1 | | established in
accordance with subdivision (a)(1) of Section 6 | 2 | | of the Parentage Act of 1984,
the names of the biological | 3 | | mother and biological father so established shall
be entered on | 4 | | the child's birth certificate, and the names of the surrogate
| 5 | | mother and surrogate mother's husband, if any, shall not be on | 6 | | the birth
certificate.
| 7 | | (10) In the event new data elements are included in the | 8 | | voluntary acknowledgment of paternity form, denial of | 9 | | parentage form, or rescission of voluntary acknowledgment of | 10 | | paternity or denial of parentage form, the Department of | 11 | | Healthcare and Family Services, in conjunction with the | 12 | | Department of Public Health, shall provide instructions that | 13 | | have been prescribed by the Department of Healthcare and Family | 14 | | Services about the new data elements to the hospital personnel | 15 | | responsible for assisting the child's mother, biological | 16 | | father, or presumed father with completing the forms. | 17 | | (Source: P.A. 99-85, eff. 1-1-16 .)
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