Questions about Paternity in Illinois

 Posted on February 22, 2014 in Paternity

Regardless of whether you are a man or a woman, there may come a time in your life when you are forced to question the paternity of your son or daughter. This is never an easy question to confront because there is so much depending on the outcome. Paternity cases, like any family law cases, are difficult for all involved, and understanding your rights is essential.

The Law

The Illinois Parentage Act of 1984, promulgated at 750 ILCS 45, sets forth the rules which establish a parent-child relationship. Pursuant to the Illinois Parentage Act, the parent-child relationship is established if there is proof that the natural mother has given birth to the child. The natural father of the child or children can be shown through DNA Typing.

Under the law, the following statements are true:

• A man is presumed to be the father if the child is conceived or born while he and the mother are or have been married;
• A man is presumed to be the father if he and the mother marry after the child’s birth, and he has given written consent to be named on the child’s birth certificate;
• It is presumed that the man is the father if he and the mother have signed an acknowledgement of paternity;
• If the man is not the natural father though, he may deny paternity, but acknowledge parentage to establish the parent-child relationship.

Paternity Concerns

Various reasons can compel the mother, father, or both to want to verify the true paternity of the child or children. Most often, the question of paternity arises in connection with custody and visitation, but the issue of paternity also concerns child support. The Illinois Marriage and Dissolution of Marriage Act, found at 750 ILCS 5/505, sets forth the rules concerning child support.

Regardless of the reason that drives you to determine the paternity of the child in question, know that you have rights and responsibilities that coincide with that determination, and seeking legal help should be a priority.

Legal Help

If you or someone you know has questions about the laws concerning paternity, contact an experienced professional. As a mother or father, you have rights concerning the paternity of the child or children in question. The Professionals at Goostree Law Group, can guide you through the issues and laws concerning paternity. Call today 630-584-4800.