[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] | [ Enrolled ] |
| [ Senate Amendment 001 ] | [ Senate Amendment 002 ] |
90_SB1259ham001
LRB9008459SMdvam06
1 AMENDMENT TO SENATE BILL 1259
2 AMENDMENT NO. . Amend Senate Bill 1259 by replacing
3 the title with the following:
4 "AN ACT concerning parentage."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The Illinois Parentage Act of 1984 is
8 amended by changing Sections 7 and 8 as follows:
9 (750 ILCS 45/7) (from Ch. 40, par. 2507)
10 Sec. 7. Determination of Father and Child Relationship;
11 Who May Bring Action; Parties.
12 (a) An action to determine the existence of the father
13 and child relationship, whether or not such a relationship is
14 already presumed under Section 5 of this Act, may be brought
15 by the child; the mother; a pregnant woman; any person or
16 public agency who has custody of, or is providing or has
17 provided financial support to, the child; the Illinois
18 Department of Public Aid if it is providing or has provided
19 financial support to the child or if it is assisting with
20 child support collection services; or a man presumed or
21 alleging himself to be the father of the child or expected
-2- LRB9008459SMdvam06
1 child. The complaint shall be verified and shall name the
2 person or persons alleged to be the father of the child.
3 (b) An action to declare the non-existence of the parent
4 and child relationship may be brought by the child, the
5 natural mother, or a man presumed to be the father under
6 subdivision (a)(1) or (a)(2) of Section 5 of this Act.
7 Actions brought by the child, the natural mother or a
8 presumed father shall be brought by verified complaint.
9 After the presumption that a man presumed to be the
10 father under subdivision (a)(1) or (a)(2) of Section 5 has
11 been rebutted, paternity of the child by another man may be
12 determined in the same action, if he has been made a party.
13 (b-5) An action to declare the non-existence of the
14 parent and child relationship may be brought subsequent to an
15 adjudication of paternity in any judgment by the man
16 adjudicated to be the father pursuant to the presumptions in
17 Section 5 of this Act if, as a result of deoxyribonucleic
18 acid (DNA) tests, it is discovered that the man adjudicated
19 to be the father is not the natural father of the child.
20 Actions brought by the adjudicated father shall be brought by
21 verified complaint. If, as a result of the deoxyribonucleic
22 acid (DNA) tests, the plaintiff is determined not to be the
23 father of the child, the adjudication of paternity and any
24 orders regarding custody, visitation, and future payments of
25 support may be vacated.
26 (c) If any party is a minor, he or she may be
27 represented by his or her general guardian or a guardian ad
28 litem appointed by the court, which may include an
29 appropriate agency. The court may align the parties.
30 (d) Regardless of its terms, an agreement, other than a
31 settlement approved by the court, between an alleged or
32 presumed father and the mother or child, does not bar an
33 action under this Section.
34 (e) If an action under this Section is brought before
-3- LRB9008459SMdvam06
1 the birth of the child, all proceedings shall be stayed until
2 after the birth, except for service or process, the taking of
3 depositions to perpetuate testimony, and the ordering of
4 blood tests under appropriate circumstances.
5 (Source: P.A. 89-674, eff. 8-14-96; 90-18, eff. 7-1-97.)
6 (750 ILCS 45/8) (from Ch. 40, par. 2508)
7 Sec. 8. Statute of limitations.
8 (a) (1) An action brought by or on behalf of a child, an
9 action brought by a party alleging that he or she is the
10 child's natural parent, or an action brought by the
11 Illinois Department of Public Aid, if it is providing or
12 has provided financial support to the child or if it is
13 assisting with child support collection services, shall
14 be barred if brought later than 2 years after the child
15 reaches the age of majority; however, if the action on
16 behalf of the child is brought by a public agency, other
17 than the Illinois Department of Public Aid if it is
18 providing or has provided financial support to the child
19 or if it is assisting with child support collection
20 services, it shall be barred 2 years after the agency has
21 ceased to provide assistance to the child.
22 (2) Failure to bring an action within 2 years shall
23 not bar any party from asserting a defense in any action
24 to declare the non-existence of the parent and child
25 relationship.
26 (3) An action to declare the non-existence of the
27 parent and child relationship brought under subsection
28 (b) of Section 7 of this Act shall be barred if brought
29 later than 2 years after the petitioner obtains knowledge
30 of relevant facts. The 2-year period for bringing an
31 action to declare the nonexistence of the parent and
32 child relationship shall not extend beyond the date on
33 which the child reaches the age of 18 years. Failure to
-4- LRB9008459SMdvam06
1 bring an action within 2 years shall not bar any party
2 from asserting a defense in any action to declare the
3 existence of the parent and child relationship.
4 (4) An action to declare the nonexistence of the
5 parent and child relationship brought under subsection
6 (b-5) of Section 7 of this Act shall be barred if brought
7 more than 6 months after the effective date of this
8 amendatory Act of 1998 or more than 2 years after the
9 petitioner obtains actual knowledge of relevant facts,
10 whichever is later. The 2 year period shall not apply to
11 periods of time where the natural mother or the child
12 refuses to submit to deoxyribonucleic acid (DNA) tests.
13 The 2-year period for bringing an action to declare the
14 nonexistence of the parent and child relationship shall
15 not extend beyond the date on which the child reaches the
16 age of 18 years. Failure to bring an action within 2
17 years shall not bar any party from asserting a defense in
18 any action to declare the existence of the parent and
19 child relationship.
20 (b) The time during which any party is not subject to
21 service of process or is otherwise not subject to the
22 jurisdiction of the courts of this State shall toll the
23 aforementioned periods.
24 (c) This Act does not affect the time within which any
25 rights under the Probate Act of 1975 may be asserted beyond
26 the time provided by law relating to distribution and closing
27 of decedent's estates or to the determination of heirship, or
28 otherwise.
29 (Source: P.A. 89-674, eff. 8-14-96; 90-18, eff. 7-1-97.)
30 Section 99. Effective date. This Act takes effect upon
31 becoming law.".