State of Illinois
2023 and 2024


Introduced 1/16/2024, by Rep. Travis Weaver


New Act
750 ILCS 46/802

    Creates the Pregnancy Expenses Act. Provides that the other party to a pregnancy or the other intended parent has a duty to pay 50% of the pregnant person's pregnancy expenses. Allows an action seeking the payment of pregnancy expenses to be brought during or after the pregnancy. Provides that only the pregnant person or the pregnant person's legally authorized designee in the event of death or incapacitation of the pregnant person may bring an action seeking the payment of pregnancy expenses. Allows the court to order the other party to the pregnancy or other intended parent to pay more than 50% of the pregnancy expenses. Makes a conforming change in the Illinois Parentage Act of 2015. Effective immediately.

LRB103 34719 LNS 64566 b





HB4314LRB103 34719 LNS 64566 b

1    AN ACT concerning civil law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short title. This Act may be cited as the
5Pregnancy Expenses Act.
6    Section 5. Definitions. As used in this Act:
7    "Donor" means an individual who participates in an
8assisted reproductive technology arrangement by providing
9gametes and relinquishes all rights and responsibility to the
10gametes so that another individual or individuals may become
11the legal parent or parents of any resulting child. "Donor"
12does not include a spouse in any assisted reproductive
13technology arrangement in which the other spouse will parent
14any resulting child.
15    "Gamete" means either a sperm or an egg.
16    "Other intended parent" means a person who has expressed
17an intent to be the legal parent of a child with a pregnant
18person but did not contribute sperm to the creation of the
20    "Party to the pregnancy" means a person who contributed
21sperm to the creation of the pregnancy. "Other party to the
22pregnancy" does not include a donor.
23    "Pregnancy expenses" means an amount equal to:



HB4314- 2 -LRB103 34719 LNS 64566 b

1        (1) the sum of a pregnant person's:
2            (A) health insurance premiums while pregnant that
3        are not paid by an employer or government program; and
4            (B) medical costs related to the pregnancy,
5        incurred after the date of implantation and before the
6        pregnancy ends, including any medical costs related to
7        the delivery of the child; minus
8        (2) any portion of the amount described in paragraph
9    (1) that a court determines is equitable based on the
10    totality of the circumstances, not including any amount
11    paid by the pregnant person, other party to the pregnancy,
12    or other intended parent.
13"Pregnancy expenses" does not include costs related to an
15    "Pregnant person" means a person who is carrying or has
16carried a pregnancy.
17    Section 10. Pregnancy expenses.
18    (a) Except as otherwise provided in this Section, the
19other party to the pregnancy or the other intended parent, if
20there is one, has a duty to pay 50% of the pregnant person's
21pregnancy expenses. If the other intended parent's parentage
22is disputed, the other party to the pregnancy owes no duty
23under this Section until the other intended parent's parentage
24is determined under the Illinois Parentage Act of 2015.
25    (b) Any portion of a pregnant person's pregnancy expenses



HB4314- 3 -LRB103 34719 LNS 64566 b

1paid by the pregnant person, other party to the pregnancy, or
2other intended parent reduces that party's 50% share under
3subsection (a), not the total amount of pregnancy expenses.
4This subsection applies regardless of when the pregnant
5person, other party to the pregnancy, or other intended parent
6pays the pregnancy expense.
7    (c) This Section does not apply if the court apportions
8pregnancy expenses under Article 8 of the Illinois Parentage
9Act of 2015 or Part V of the Illinois Marriage and Dissolution
10of Marriage Act.
11    (d) This Section does not apply to any pregnancy for which
12there is a valid gestational surrogacy contract pursuant to
13the Illinois Gestational Surrogacy Act.
14    Section 15. Actions seeking payment of pregnancy expenses.
15    (a) An action seeking the payment of pregnancy expenses
16may be brought during or after the pregnancy. The petitioner
17is not required to wait until the pregnancy ends to bring an
18action under this Act.
19    (b) An action seeking the payment of pregnancy expenses
20shall only be brought by the pregnant person or the pregnant
21person's legally authorized designee in the event of death or
22incapacitation of the pregnant person.
23    (c) In an action seeking the payment of pregnancy
24expenses, the court, in its determination of whether to order
25the other party to the pregnancy or other intended parent to



HB4314- 4 -LRB103 34719 LNS 64566 b

1pay pregnancy expenses, shall consider:
2        (1) the income and property of each party;
3        (2) the needs of each party;
4        (3) the realistic present and future earning capacity
5    of each party;
6        (4) any impairment of the present and future earning
7    capacity of the pregnant person seeking pregnancy expenses
8    due to that person devoting time to domestic duties or
9    having forgone or delayed education, training, employment,
10    or career opportunities due to the pregnancy; and
11        (5) any other factor that the court expressly finds to
12    be just and equitable.
13    (d) In an action seeking the payment of pregnancy
14expenses, the court, in its discretion, may order the other
15party to the pregnancy or other intended parent to pay more
16than 50% of the pregnancy expenses.
17    (e) If a person seeks payment of pregnancy expenses under
18this Act by providing documentation of payments, medical
19expenses, and insurance premiums, the court may, after review,
20order the payment of the pregnancy expenses.
21    Section 90. The Illinois Parentage Act of 2015 is amended
22by changing Section 802 as follows:
23    (750 ILCS 46/802)
24    Sec. 802. Judgment.



HB4314- 5 -LRB103 34719 LNS 64566 b

1    (a) The court shall issue an order adjudicating whether a
2person alleged or claiming to be the parent is the parent of
3the child. An order adjudicating parentage must identify the
4child by name and date of birth.
5    The court may assess filing fees, reasonable attorney's
6fees, fees for genetic testing, other costs, necessary travel
7expenses, and other reasonable expenses incurred in a
8proceeding under this Act. The court may award attorney's
9fees, which may be paid directly to the attorney, who may
10enforce the order in the attorney's own name. The court may not
11assess fees, costs, or expenses against the
12support-enforcement agency of this State or another state,
13except as provided by other law.
14    The judgment shall contain or explicitly reserve
15provisions concerning any duty and amount of child support and
16may contain or explicitly reserve provisions concerning the
17allocation of parental responsibilities or guardianship of the
18child, parenting time privileges with the child, and the
19furnishing of bond or other security for the payment of the
20judgment, which the court shall determine in accordance with
21the relevant factors set forth in the Illinois Marriage and
22Dissolution of Marriage Act and any other applicable law of
23this State, to guide the court in a finding in the best
24interests of the child. In determining the allocation of
25parental responsibilities, relocation, parenting time,
26parenting time interference, support for a non-minor disabled



HB4314- 6 -LRB103 34719 LNS 64566 b

1child, educational expenses for a non-minor child, and related
2post-judgment issues, the court shall apply the relevant
3standards of the Illinois Marriage and Dissolution of Marriage
4Act. Specifically, in determining the amount of a child
5support award, the court shall use the guidelines and
6standards set forth in subsection (a) of Section 505 and in
7Section 505.2 of the Illinois Marriage and Dissolution of
8Marriage Act. The court shall order all child support
9payments, determined in accordance with such guidelines, to
10commence with the date summons is served. The level of current
11periodic support payments shall not be reduced because of
12payments set for the period prior to the date of entry of the
13support order.
14    (b) In an action brought during a pregnancy or within 2
15years after a child's birth, the judgment or order may direct
16the other party to the pregnancy or other intended parent
17either parent to pay 50% of pregnancy the reasonable expenses,
18as defined in the Pregnancy Expenses Act, incurred by the
19pregnant person either parent or the Department of Healthcare
20and Family Services. However, the court, in its discretion,
21may direct the other party to the pregnancy or other intended
22parent to pay more than 50% of pregnancy expenses related to
23the mother's pregnancy and the delivery of the child.
24    (c) In the absence of an explicit order or judgment for the
25allocation of parental responsibilities, to the extent the
26court has authority under the Uniform Child-Custody



HB4314- 7 -LRB103 34719 LNS 64566 b

1Jurisdiction and Enforcement Act or any other appropriate
2State law, the establishment of a child support obligation or
3the allocation of parenting time to one parent shall be
4construed as an order or judgment allocating all parental
5responsibilities to the other parent. If the parentage order
6or judgment contains no such provisions, all parental
7responsibilities shall be presumed to be allocated to the
8mother; however, the presumption shall not apply if the child
9has resided primarily with the other parent for at least 6
10months prior to the date that the mother seeks to enforce the
11order or judgment of parentage.
12    (c-5) Notwithstanding the limitations regarding the
13establishment of custody under the Uniform Interstate Family
14Support Act, that Act is not exclusive, and custody/allocation
15of parental responsibilities may be determined concurrently
16under other appropriate State laws, where this determination
17may be validly made.
18    (d) The court, if necessary to protect and promote the
19best interests of the child, may set aside a portion of the
20separately held estates of the parties in a separate fund or
21trust for the support, education, physical and mental health,
22and general welfare of a minor or mentally or physically
23disabled child of the parties.
24    (e) The court may order child support payments to be made
25for a period prior to the commencement of the action. In
26determining whether and to what extent the payments shall be



HB4314- 8 -LRB103 34719 LNS 64566 b

1made for the prior period, the court shall consider all
2relevant facts, including but not limited to:
3        (1) The factors for determining the amount of support
4    specified in the Illinois Marriage and Dissolution of
5    Marriage Act.
6        (2) The prior knowledge of the person obligated to pay
7    support of the fact and circumstances of the child's
8    birth.
9        (3) The father's prior willingness or refusal to help
10    raise or support the child.
11        (4) The extent to which the mother or the public
12    agency bringing the action previously informed the person
13    obligated to pay support of the child's needs or attempted
14    to seek or require the help of the person obligated to pay
15    support in raising or supporting the child.
16        (5) The reasons the mother or the public agency did
17    not file the action earlier.
18        (6) The extent to which the person obligated to pay
19    support would be prejudiced by the delay in bringing the
20    action.
21    For purposes of determining the amount of child support to
22be paid for the period before the date the order for current
23child support is entered, there is a rebuttable presumption
24that the net income of the person obligated to pay support for
25the prior period was the same as the net income of the person
26obligated to pay support at the time the order for current



HB4314- 9 -LRB103 34719 LNS 64566 b

1child support is entered.
2    If (i) the person obligated to pay support was properly
3served with a request for discovery of financial information
4relating to the ability to provide child support of the person
5obligated to pay support; (ii) the person obligated to pay
6support failed to comply with the request, despite having been
7ordered to do so by the court; and (iii) the person obligated
8to pay support is not present at the hearing to determine
9support despite having received proper notice, then any
10relevant financial information concerning the ability to
11provide child support of the person obligated to pay support
12that was obtained pursuant to subpoena and proper notice shall
13be admitted into evidence without the need to establish any
14further foundation for its admission.
15    (f) A new or existing support order entered by the court
16under this Section shall be deemed to be a series of judgments
17against the person obligated to pay support thereunder, each
18judgment to be in the amount of each payment or installment of
19support and each judgment to be deemed entered as of the date
20the corresponding payment or installment becomes due under the
21terms of the support order. Each judgment shall have the full
22force, effect, and attributes of any other judgment of this
23State, including the ability to be enforced. A judgment under
24this Section is subject to modification or termination only in
25accordance with Section 510 of the Illinois Marriage and
26Dissolution of Marriage Act. Notwithstanding any State or



HB4314- 10 -LRB103 34719 LNS 64566 b

1local law to the contrary, a lien arises by operation of law
2against the real and personal property of the noncustodial
3parent for each installment of overdue support owed by the
4noncustodial parent.
5    (g) If the judgment or order of the court is at variance
6with the child's birth certificate, the court shall order that
7a new birth certificate be issued under the Vital Records Act.
8    (h) On the request of both parents, the court shall order a
9change in the child's name.
10    (i) After hearing evidence, the court may stay payment of
11support during the period of the father's minority or period
12of disability.
13    (j) If, upon a showing of proper service, the father fails
14to appear in court or otherwise appear as provided by law, the
15court may proceed to hear the cause upon testimony of the
16mother or other parties taken in open court and shall enter a
17judgment by default. The court may reserve any order as to the
18amount of child support until the father has received notice,
19by regular mail, of a hearing on the matter.
20    (k) An order for support, when entered or modified, shall
21include a provision requiring the non-custodial parent to
22notify the court and, in cases in which a party is receiving
23child support enforcement services under Article X of the
24Illinois Public Aid Code, the Department of Healthcare and
25Family Services, within 7 days: (i) of the name and address of
26any new employer of the non-custodial parent; (ii) whether the



HB4314- 11 -LRB103 34719 LNS 64566 b

1non-custodial parent has access to health insurance coverage
2through the employer or other group coverage and, if so, of the
3policy name and number and the names of adults and initials of
4minors covered under the policy; and (iii) of any new
5residential or mailing address or telephone number of the
6non-custodial parent. In a subsequent action to enforce a
7support order, upon a sufficient showing that a diligent
8effort has been made to ascertain the location of the
9non-custodial parent, service of process or provision of
10notice necessary in the case may be made at the last known
11address of the non-custodial parent in any manner expressly
12provided by this Act or the Code of Civil Procedure, and shall
13be sufficient for purposes of due process.
14    (l) An order for support shall include a date on which the
15current support obligation terminates. The termination date
16shall be no earlier than the date on which the child covered by
17the order will attain the age of 18. However, if the child will
18not graduate from high school until after attaining the age of
1918, then the termination date shall be no earlier than the
20earlier of the date on which the child's high school
21graduation will occur or the date on which the child will
22attain the age of 19. The order for support shall state that
23the termination date does not apply to any arrearage that may
24remain unpaid on that date. Nothing in this subsection shall
25be construed to prevent the court from modifying the order or
26terminating the order in the event the child is otherwise



HB4314- 12 -LRB103 34719 LNS 64566 b

2    (m) If there is an unpaid arrearage or delinquency (as
3those terms are defined in the Income Withholding for Support
4Act) equal to at least one month's support obligation on the
5termination date stated in the order for support or, if there
6is no termination date stated in the order, on the date the
7child attains the age of majority or is otherwise emancipated,
8the periodic amount required to be paid for current support of
9that child immediately prior to that date shall automatically
10continue to be an obligation, not as current support but as
11periodic payment toward satisfaction of the unpaid arrearage
12or delinquency. The periodic payment shall be in addition to
13any periodic payment previously required for satisfaction of
14the arrearage or delinquency. The total periodic amount to be
15paid toward satisfaction of the arrearage or delinquency may
16be enforced and collected by any method provided by law for
17enforcement and collection of child support, including but not
18limited to income withholding under the Income Withholding for
19Support Act. Each order for support entered or modified must
20contain a statement notifying the parties of the requirements
21of this subsection. Failure to include the statement in the
22order for support does not affect the validity of the order or
23the operation of the provisions of this subsection with regard
24to the order. This subsection shall not be construed to
25prevent or affect the establishment or modification of an
26order for support of a minor child or the establishment or



HB4314- 13 -LRB103 34719 LNS 64566 b

1modification of an order for support of a non-minor child or
2educational expenses under Section 513 of the Illinois
3Marriage and Dissolution of Marriage Act.
4    (n) An order entered under this Section shall include a
5provision requiring the obligor to report to the obligee and
6to the clerk of court within 7 days each time the obligor
7obtains new employment, and each time the obligor's employment
8is terminated for any reason. The report shall be in writing
9and shall, in the case of new employment, include the name and
10address of the new employer. Failure to report new employment
11or the termination of current employment, if coupled with
12nonpayment of support for a period in excess of 60 days, is
13indirect criminal contempt. For an obligor arrested for
14failure to report new employment, bond shall be set in the
15amount of the child support that should have been paid during
16the period of unreported employment. An order entered under
17this Section shall also include a provision requiring the
18obligor and obligee parents to advise each other of a change in
19residence within 5 days of the change except when the court
20finds that the physical, mental, or emotional health of a
21party or that of a minor child, or both, would be seriously
22endangered by disclosure of the party's address.
23(Source: P.A. 102-541, eff. 8-20-21.)
24    Section 99. Effective date. This Act takes effect upon
25becoming law.