The term “paternity” refers to fatherhood. Mothers and fathers in Illinois often have questions about how paternity works. Contrary to what many believe, paternity is not always automatically established by a baby’s birth. In some cases, parents must take additional action to formalize the child’s legal relationship with his or her father. The situation becomes especially complex when a mother is unsure of who the father is, or the father denies his paternity.
How Can I Establish a Child’s Legal Relationship with His or Her Father?
If parents are unmarried, they must establish paternity. The easiest way is to sign a document called a Voluntary Acknowledgement of Paternity (VAP) and submit it to the Illinois Department of Healthcare and Family Services (HFS). Paternity may also be established through an administrative order through the HFS or through a court order.
What if I Signed a VAP and Then Found Out I Am Not the Father?
If you signed a VAP because you thought you were a child’s biological father and then found out you were not the father, you can complete a Rescission of Voluntary Acknowledgment of Paternity within 60 days of signing the VAP and file it with the HFS.