[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Enrolled ] | [ House Amendment 001 ] |
| [ Senate Amendment 001 ] | [ Senate Amendment 002 ] |
90_SB1259eng
735 ILCS 5/2-1401 from Ch. 110, par. 2-1401
Amends the Code of Civil Procedure. Provides that a
petition for relief from any judgment establishing a parent
and child relationship may be filed at any time to declare
the non-existence of the parent and child relationship by a
man adjudicated to be the father. Provides that an affidavit
shall be attached to the petition stating either (1) that the
parties have submitted to DNA tests and that the results of
those tests show that there is a reasonable probability that
the plaintiff is not the parent of the child, with a report
containing the results of the test attached, or (2) that the
affiant is willing to submit to and pay for DNA tests, but
that the natural mother or the child has refused to submit to
such test. Provides that if, as a result of the DNA tests
the plaintiff is determined not to be the father of the
child, the adjudication of paternity and any orders regarding
custody, visitation, and future payments of support shall be
vacated. Bars actions in cases in which the paternity of the
petitioner has previously been established by a DNA test.
Effective immediately.
LRB9008459SMdvA
SB1259 Engrossed LRB9008459SMdvA
1 AN ACT concerning parentage.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Parentage Act of 1984 is amended
5 by changing Sections 5, 7, and 8 as follows:
6 (750 ILCS 45/5) (from Ch. 40, par. 2505)
7 Sec. 5. Presumption of Paternity.
8 (a) A man is presumed to be the natural father of a
9 child if:
10 (1) he and the child's natural mother are or have
11 been married to each other, even though the marriage is
12 or could be declared invalid, and the child is born or
13 conceived during such marriage;
14 (2) after the child's birth, he and the child's
15 natural mother have married each other, even though the
16 marriage is or could be declared invalid, and he is
17 named, with his written consent, as the child's father on
18 the child's birth certificate;
19 (3) he and the child's natural mother have signed
20 an acknowledgment of paternity in accordance with rules
21 adopted by the Illinois Department of Public Aid under
22 Section 10-17.7 of the Illinois Public Aid Code; or
23 (4) he and the child's natural mother have signed
24 an acknowledgment of parentage or, if the natural father
25 is someone other than one presumed to be the father under
26 this Section, an acknowledgment of parentage and denial
27 of paternity in accordance with Section 12 of the Vital
28 Records Act.
29 (b) A presumption under subdivision (a)(1) or (a)(2) of
30 this Section may be rebutted only by clear and convincing
31 evidence. A presumption under subdivision (a)(1) or (a)(2) is
SB1259 Engrossed -2- LRB9008459SMdvA
1 rebutted if it is shown by a deoxyribonucleic acid (DNA) test
2 that the man is not the natural father of the child. A
3 presumption under subdivision (a)(3) or (a)(4) is conclusive,
4 unless the acknowledgment of parentage is rescinded under the
5 process provided in Section 12 of the Vital Records Act, upon
6 the earlier of:
7 (1) 60 days after the date the acknowledgment of
8 parentage is signed, or
9 (2) the date of an administrative or judicial
10 proceeding relating to the child (including a proceeding
11 to establish a support order) in which the signatory is a
12 party;
13 except that if a minor has signed the acknowledgment of
14 paternity or acknowledgment of parentage and denial of
15 paternity, the presumption becomes conclusive 6 months after
16 the minor reaches majority or is otherwise emancipated.
17 (Source: P.A. 89-641, eff. 8-9-96; 90-18, eff. 7-1-97.)
18 (750 ILCS 45/7) (from Ch. 40, par. 2507)
19 Sec. 7. Determination of Father and Child Relationship;
20 Who May Bring Action; Parties.
21 (a) An action to determine the existence of the father
22 and child relationship, whether or not such a relationship is
23 already presumed under Section 5 of this Act, may be brought
24 by the child; the mother; a pregnant woman; any person or
25 public agency who has custody of, or is providing or has
26 provided financial support to, the child; the Illinois
27 Department of Public Aid if it is providing or has provided
28 financial support to the child or if it is assisting with
29 child support collection services; or a man presumed or
30 alleging himself to be the father of the child or expected
31 child. The complaint shall be verified and shall name the
32 person or persons alleged to be the father of the child.
SB1259 Engrossed -3- LRB9008459SMdvA
1 (b) An action to declare the non-existence of the parent
2 and child relationship may be brought by the child, the
3 natural mother, or a man presumed to be the father under
4 subdivision (a)(1) or (a)(2) of Section 5 of this Act.
5 Actions brought by the child, the natural mother or a
6 presumed father shall be brought by verified complaint.
7 After the presumption that a man presumed to be the
8 father under subdivision (a)(1) or (a)(2) of Section 5 has
9 been rebutted, paternity of the child by another man may be
10 determined in the same action, if he has been made a party.
11 (b-5) An action to declare the non-existence of the
12 parent and child relationship may be brought subsequent to an
13 adjudication of paternity in any judgment by the man
14 adjudicated to be the father pursuant to the presumptions in
15 Section 5 of this Act if, as a result of deoxyribonucleic
16 acid (DNA) tests, it is discovered that the man adjudicated
17 to be the father is not the natural father of the child.
18 Actions brought by the adjudicated father shall be brought by
19 verified complaint. If, as a result of the deoxyribonucleic
20 acid (DNA) tests, the plaintiff is determined not to be the
21 father of the child, the adjudication of paternity and any
22 orders regarding custody, visitation, and future payments of
23 support may be vacated.
24 (c) If any party is a minor, he or she may be
25 represented by his or her general guardian or a guardian ad
26 litem appointed by the court, which may include an
27 appropriate agency. The court may align the parties.
28 (d) Regardless of its terms, an agreement, other than a
29 settlement approved by the court, between an alleged or
30 presumed father and the mother or child, does not bar an
31 action under this Section.
32 (e) If an action under this Section is brought before
33 the birth of the child, all proceedings shall be stayed until
34 after the birth, except for service or process, the taking of
SB1259 Engrossed -4- LRB9008459SMdvA
1 depositions to perpetuate testimony, and the ordering of
2 blood tests under appropriate circumstances.
3 (Source: P.A. 89-674, eff. 8-14-96; 90-18, eff. 7-1-97.)
4 (750 ILCS 45/8) (from Ch. 40, par. 2508)
5 Sec. 8. Statute of limitations.
6 (a) (1) An action brought by or on behalf of a child, an
7 action brought by a party alleging that he or she is the
8 child's natural parent, or an action brought by the
9 Illinois Department of Public Aid, if it is providing or
10 has provided financial support to the child or if it is
11 assisting with child support collection services, shall
12 be barred if brought later than 2 years after the child
13 reaches the age of majority; however, if the action on
14 behalf of the child is brought by a public agency, other
15 than the Illinois Department of Public Aid if it is
16 providing or has provided financial support to the child
17 or if it is assisting with child support collection
18 services, it shall be barred 2 years after the agency has
19 ceased to provide assistance to the child.
20 (2) Failure to bring an action within 2 years shall
21 not bar any party from asserting a defense in any action
22 to declare the non-existence of the parent and child
23 relationship.
24 (3) An action to declare the non-existence of the
25 parent and child relationship brought under Section 7(b)
26 of this Act shall be barred if brought later than 2 years
27 after the petitioner obtains knowledge of relevant facts.
28 The 2-year period for bringing an action to declare the
29 nonexistence of the parent and child relationship shall
30 not extend beyond the date on which the child reaches the
31 age of 18 years. Failure to bring an action within 2
32 years shall not bar any party from asserting a defense in
SB1259 Engrossed -5- LRB9008459SMdvA
1 any action to declare the existence of the parent and
2 child relationship.
3 (4) An action to declare the nonexistence of the
4 parent and child relationship brought under Section
5 7(b-5) of this Act shall be barred if brought more than 3
6 months after the effective date of this amendatory Act of
7 1998 or more than 2 years after the petitioner obtains
8 actual knowledge of relevant facts, whichever is later.
9 The 2 year period shall not apply to periods of time
10 where the natural mother or the child refuses to submit
11 to deoxyribonucleic acid (DNA) tests. The 2-year period
12 for bringing an action to declare the nonexistence of the
13 parent and child relationship shall not extend beyond the
14 date on which the child reaches the age of 18 years.
15 Failure to bring an action within 2 years shall not bar
16 any party from asserting a defense in any action to
17 declare the existence of the parent and child
18 relationship.
19 (b) The time during which any party is not subject to
20 service of process or is otherwise not subject to the
21 jurisdiction of the courts of this State shall toll the
22 aforementioned periods.
23 (c) This Act does not affect the time within which any
24 rights under the Probate Act of 1975 may be asserted beyond
25 the time provided by law relating to distribution and closing
26 of decedent's estates or to the determination of heirship, or
27 otherwise.
28 (Source: P.A. 89-674, eff. 8-14-96; 90-18, eff. 7-1-97.)
29 Section 99. Effective date. This Act takes effect upon
30 becoming law.