Can a Father Refuse to Sign the Birth Certificate to Get Out of Child Support?

 Posted on September 29, 2025 in Child Support

In Illinois, both parents have a legal responsibility to support their children. Child support is meant to make sure that a child’s needs are met, whether or not the parents are married or living together. Many fathers have questions about when support payments begin. They may also wonder how paternity is established, and whether they can avoid having to pay child support if they do not sign the birth certificate.

The short answer is no. Refusing to sign a birth certificate does not mean a biological father does not have to pay child support. Illinois law gives children the right to financial support from both parents, and that right cannot be waived because one parent does not want to pay or to claim the child.

At Goostree Law Group, our Kane County family law attorneys help clients navigate tough questions of paternity, custody, and support. With decades of combined experience, we know how to protect both your rights and your child’s best interests.

How Does Parentage and Paternity Work in Illinois?

To understand how child support works, you must first understand paternity. "Parentage" refers to the legal relationship between a child and a parent. When the parent is the father, this is referred to as paternity. Once paternity is established, the father has both rights — such as the ability to ask for parenting time — and responsibilities, including the obligation to pay child support.

Under the Illinois Parentage Act of 2015 (750 ILCS 46/101), paternity can be established in three main ways:

• Voluntary Acknowledgment of Paternity (VAP): This form is often signed at the hospital when the child is born, but it can also be completed later. Signing a VAP creates a legal parent-child relationship immediately.

• Genetic (DNA) Testing Ordered by the Court: If paternity is disputed, the court may order DNA testing. If the test confirms fatherhood, the court issues an order of paternity.

• Petition to Establish Parentage: Either parent, or the state’s child support agency, can file a petition in family court. Even without the father’s consent, the court can legally establish paternity.

Can Fathers Just Not Sign the Birth Certificate?

Many men assume that if they simply do not sign the birth certificate, they can avoid being legally tied to the child. This is not true. While refusing to sign the birth certificate may delay the process of establishing paternity, it does not prevent it.

The child’s mother, or the Illinois Department of Healthcare and Family Services (HFS), can start a paternity action. Once DNA testing confirms who the father is, the father can be ordered to pay child support regardless of whether he signed. The father cannot "opt out" of child support by ignoring paperwork.

The only way to avoid paying support is if paternity testing proves the man is not the biological father. Otherwise, the legal obligation remains.

Child Support Basics in Illinois

Since 2017, Illinois has used an income shares model to calculate child support. This formula takes both parents’ incomes, the number of children, and each parent’s share of parenting time.

Support is intended to cover basic needs such as food, a place to live, clothes, healthcare, and school. Additional expenses like child care or extracurricular activities may also be part of support.

In most cases, the parent with less parenting time (sometimes called the "non-residential" parent) pays support to the parent with more parenting time. Fathers often fall into this role, but mothers can also pay child support if they are the higher-earning or non-residential parent.

Can a Father Give Up His Parental Rights to Avoid Child Support?

Another common question is whether a father can voluntarily surrender his parental rights in order to avoid paying support. In Illinois, this is rarely allowed.

Courts are required to prioritize the best interests of the child. Illinois courts will not allow a parent to give up rights simply to avoid making payments.

There are only limited circumstances where voluntary termination of parental rights is approved: When another adult, such as a stepparent, is ready and willing to adopt the child; and when the court determines that termination is necessary due to neglect, abuse, or unfitness.

Even then, the court will carefully think about the child’s needs. Unless there is an adoption, a father cannot legally end his obligation to pay child support.

Does a Father Have to Pay Support if He Never Sees His Child?

Parenting time and child support are separate legal issues. Even if a father never visits or has contact with his child, he is still responsible for paying support. A father cannot withhold child support because the mother is limiting his visitation.

The solution for denied parenting time is to ask the court to enforce visitation, not to stop paying support. Judges in Illinois take child support seriously. A father can face serious penalties for not paying.

Illinois law also makes clear that age does not excuse support obligations. If a minor male is legally established as the father, he is responsible for paying child support. The court may consider his limited income, but the duty exists regardless of age.

Retroactive Child Support

Some fathers wonder if support can be ordered retroactively if paternity is established later. The answer is yes. Under Illinois law, once paternity is confirmed, courts can order the father to pay support dating back to the child’s birth. This may include reimbursement for medical costs related to the pregnancy and delivery, as well as child-rearing expenses incurred before the court order.

Consequences of Trying to Avoid Child Support

Attempting to dodge child support by refusing to sign documents or ignoring court notices often backfires. The court can order wage garnishment, taking money directly from a father’s paycheck. It may intercept tax refunds or file liens against property or other assets. The court can suspend professional licenses and driver’s licenses, and even prosecute criminal penalties like contempt of court. The law treats child support as the right of the child, not of the parent, so courts enforce it strictly.

Contact a St. Charles, IL Child Support Lawyer

If you have questions about paternity, child support, or your parental rights, do not wait to get answers. At Goostree Law Group, our experienced Kane County family law attorneys can explain your rights and responsibilities and represent you in court if necessary. We serve clients throughout Northern Illinois. Call 630-584-4800 today to schedule your free consultation.