2023 Illinois Compiled Statutes › Chapter 750 - FAMILIES › 750 ILCS 46/ - Illinois Parentage Act of 2015. › Article 6 - Proceeding to Adjudicate Parentage

(750 ILCS 46/Art. 6 heading)
ARTICLE 6.  PROCEEDING TO ADJUDICATE PARENTAGE
(Source: P.A. 99-85, eff. 1-1-16.)
(750 ILCS 46/601)
Sec. 601. Proceeding authorized. A civil proceeding may be maintained to adjudicate the parentage of a child. The proceeding is governed by the Code of Civil Procedure and Illinois Supreme Court Rules. Administrative proceedings adjudicating paternity shall be governed by Section 10-17.7 of the Illinois Public Aid Code.
(Source: P.A. 99-85, eff. 1-1-16.)
(750 ILCS 46/602)
Sec. 602. Standing. A complaint to adjudicate parentage shall be verified, shall be designated a petition, and shall name the person or persons alleged to be the parent of the child. Subject to Article 3 and Sections 607, 608, and 609 of this Act, a proceeding to adjudicate parentage may be maintained by:
(a) the child;
(b) the mother of the child;
(c) a pregnant woman;
(d) a man presumed or alleging himself to be the     parent of the child;
(e) a woman presumed or alleging herself to be the     parent of the child;
(f) the support-enforcement agency or other     governmental agency authorized by other law;
(g) any person or public agency that has physical     possession of or has custody of or has been allocated parental responsibilities for, is providing financial support to, or has provided financial support to the child;
(h) the Department of Healthcare and Family Services     if it is providing, or has provided, financial support to the child or if it is assisting with child support collections services;
(i) an authorized adoption agency or licensed child     welfare agency;
(j) a representative authorized by law to act for an     individual who would otherwise be entitled to maintain a proceeding but who is deceased, incapacitated, or a minor; or
(k) an intended parent.
(Source: P.A. 103-501, eff. 1-1-24.)
(750 ILCS 46/603)
Sec. 603. Subject matter and personal jurisdiction.
(a) The circuit courts of this State shall have jurisdiction of an action brought under this Act. In a civil action not brought under this Act, the provisions of this Act shall apply if parentage is at issue. The court may join any action under this Act with any other civil action in which this Act is applicable.
(b) An individual may not be adjudicated to be a parent unless the court has personal jurisdiction over the individual.
(c) A court of this State having jurisdiction to adjudicate parentage may exercise personal jurisdiction over a nonresident individual, or the guardian or conservator of the individual, if the conditions prescribed in Section 201 of the Uniform Interstate Family Support Act are fulfilled.
(d) Lack of jurisdiction over one individual does not preclude the court from making an adjudication of parentage binding on another individual over whom the court has personal jurisdiction.
(Source: P.A. 99-85, eff. 1-1-16.)
(750 ILCS 46/604)
Sec. 604. Venue.
(a) Venue for a proceeding to adjudicate parentage is any county of this State in which a party resides, or if the presumed or alleged father is deceased, in which a proceeding for probate or administration of the presumed or alleged father's estate has been commenced, or could be commenced.
(b) A proceeding for the allocation of parental responsibilities is commenced in the county where the child resides.
(Source: P.A. 99-85, eff. 1-1-16; 99-769, eff. 1-1-17.)
(750 ILCS 46/605)
Sec. 605. Notice to presumed parent.
(a) In any action brought under Article  3 or  Article 6 of this Act where the individual signing the petition for an order establishing the existence of the parent-child relationship by consent or the individual alleged to be the parent in a petition is different from an individual who is presumed to be the parent of the child under Article 2 of this Act, a notice shall be served on the presumed parent in the same manner as summonses are served in other civil proceedings or, in lieu of personal service, service may be made as follows:
(1) The person requesting notice shall pay to the     clerk of the circuit court a mailing fee of $1.50 and furnish to the clerk of the circuit court an original and one copy of a notice together with an affidavit setting forth the presumed parent's last known address.  The original notice shall be retained by the clerk of the circuit court.
(2) The clerk of the circuit court shall promptly     mail to the presumed parent, at the address appearing in the affidavit, the copy of the notice by  certified mail, return receipt requested. The envelope and return receipt shall bear the return address of the clerk of the circuit court. The receipt for certified mail shall state the name and address of the addressee and the date of mailing and shall be attached to the original notice.
(3) The return receipt, when returned to the clerk of     the circuit court, shall be attached to the original notice and shall constitute proof of service.
(4) The clerk of the circuit court shall note the     fact of service in a permanent record.
(b) The notice shall read as follows:
"IN THE MATTER OF NOTICE TO .......... PRESUMED PARENT.
You have been identified as the presumed parent of ......... , born on .........
    The birth parent of the child is .........
An action is being brought to establish the parent-child relationship between the named child and a parent named by the person filing this action, .........
As the presumed parent, you have certain legal rights with respect to the named child, including the right to notice of the filing of proceedings instituted for the establishment of parentage of the named child and, if named as a parent in a petition to establish parentage, the right to submit to, along with the birth parent and child, deoxyribonucleic acid (DNA) tests to determine inherited characteristics, subject to Section 610 of the Illinois Parentage Act of 2015. If you wish to assert your rights with respect to the child named in this notice, you must file with the Clerk of this Circuit Court of ......... County, Illinois, whose address is ........ , within 30 days after the date of receipt of this notice, a declaration of parentage stating that you are, in fact, the parent of the named child and that you intend to assert your legal rights with respect to the child, or that you request to be notified of any further proceedings with respect to the parentage of the child.
If you do not file a declaration of parentage or a request for notice, then whatever legal rights you have with respect to the named child, including the right to notice of any future proceedings for the establishment of parentage of the child, may be terminated without any further notice to you. When your legal rights with respect to the named child are terminated, you will not be entitled to notice of any future proceedings.".
(c) The notice to a presumed parent under this Section in any action brought by a public agency shall be prepared and mailed by the public agency, and the mailing fee to the clerk of the circuit court shall be waived.
(Source: P.A. 99-85, eff. 1-1-16.)
(750 ILCS 46/606)
Sec. 606. Summons. The summons that is served on a respondent shall include the return date on or by which the respondent must appear and shall contain the following information, in a prominent place and in conspicuous language, in addition to the information required to be provided under the laws of this State: "If you do not appear as instructed in this summons, you may be required to support the child named in this petition until the child is at least 18 years old.  You may also have to pay the pregnancy and delivery costs of the mother.".
(Source: P.A. 99-85, eff. 1-1-16.)
(750 ILCS 46/607)
Sec. 607. No limitation; child having no presumed, acknowledged, or adjudicated parent. A proceeding to adjudicate the parentage of a child having no presumed, acknowledged, or adjudicated parent may be commenced at any time, even after:
(a) the child becomes an adult, but only if the child     initiates the proceeding; or
(b) an earlier proceeding to adjudicate parentage has     been dismissed based on the application of a statute of limitations then in effect.
(Source: P.A. 99-85, eff. 1-1-16.)
(750 ILCS 46/608)
Sec. 608. Limitation; child having presumed parent.
(a) An alleged father, as that term is defined in Section
103 of this Act, must commence an action to establish a parent-child
relationship for a child having a presumed parent not later than 2 years after the petitioner knew or
should have known of the relevant facts. The time the petitioner is under legal disability or duress or the ground for
relief is fraudulently concealed shall be excluded in computing the
period of 2 years.
(b) A proceeding seeking to declare the non-existence of the parent-child relationship between a child and the child's presumed father may be maintained at any time by a person described in paragraphs (1) through (4) of subsection (a) of Section 204 of this Act if the court determines that the presumed father and the mother of the child neither cohabited nor engaged in sexual intercourse with each other during the probable time of conception.
(c) An adjudication under this Section shall serve as a rebuttal or confirmation of a presumed parent as defined in subsection (p) of Section 103.
(Source: P.A. 99-85, eff. 1-1-16.)
(750 ILCS 46/609)
Sec. 609. Limitation; child having acknowledged or adjudicated parent.
(a) If a child has an acknowledged parent, a signatory to the acknowledgment described in Section 301 of this Act or related denial may commence a proceeding seeking to challenge the acknowledgment or denial or challenge the paternity of the child only within the time allowed under Section 309 of this Act.
(b) If a child has an acknowledged parent or an adjudicated parent, an individual, other than the child, who is neither a signatory to the acknowledgment nor a party to the adjudication and who seeks an adjudication of parentage of the child must commence a proceeding not later than 2 years after the effective date of the acknowledgment or adjudication.
(c) A proceeding under this Section is subject to the application of the principles of estoppel established in Section 610 of this Act.
(Source: P.A. 99-85, eff. 1-1-16.)
(750 ILCS 46/610)
Sec. 610. Authority to deny motion for genetic testing.
(a) In a proceeding in which the parentage of a child having a presumed, acknowledged, or adjudicated parent is at issue, the court may deny a motion by a parent, presumed parent, acknowledged parent, adjudicated parent, alleged parent, or the child seeking an order for genetic testing of the parents and child if the court determines that:
(1) the conduct of the parent, acknowledged parent,     adjudicated parent, or the presumed parent estops that party from denying parentage;
(2) it would be inequitable to disprove the     parent-child relationship between the child and the presumed, acknowledged, or adjudicated parent; and
(3) it is in the child's best interests to deny     genetic testing, taking into account the following factors:
(A) the length of time between the current         proceeding to adjudicate parentage and the time that the presumed, acknowledged, or adjudicated parent was placed on notice that he or she might not be the biological parent;
(B) the length of time during which the presumed,         acknowledged, or adjudicated parent has assumed the role of parent of the child;
(C) the facts surrounding the presumed,         acknowledged, or adjudicated parent's discovery of his or her possible nonparentage;
(D) the nature of the relationship between the         child and the presumed, acknowledged, or adjudicated parent;
(E) the age of the child;
(F) the harm that may result to the child if the         presumed, acknowledged, or adjudicated parentage is successfully disproved;
(G) the nature of the relationship between the         child and any alleged parent;
(H) the extent to which the passage of time         reduces the chances of establishing the parentage of another person and a child support obligation in favor of the child;
(I) other factors that may affect the equities         arising from the disruption of the parent-child relationship between the child and the presumed, acknowledged, or adjudicated parent or the chance of other harm to the child; and
(J) any other factors the court determines to be         equitable.
(b) In a proceeding involving the application of this Section, a minor or incapacitated child must be represented by a guardian ad litem, child's representative, or attorney for the child.
It shall be presumed to be equitable and in the best interests of the child to grant a motion by the child seeking an order for genetic testing. The presumption may be overcome by clear and convincing evidence that extraordinary circumstances exist making the genetic testing contrary to the child's best interests. The court's order denying a child's request for genetic testing must state the basis upon which the presumption was overcome. The court's order granting a child's request for genetic testing must specify the ways in which the testing results may be used for purposes of protecting the child's best interests.
(c) If the court denies a motion seeking an order for genetic testing, it shall issue an order adjudicating the presumed parent to be the parent of the child.
(Source: P.A. 99-85, eff. 1-1-16; 99-769, eff. 1-1-17.)
(750 ILCS 46/611)
Sec. 611. Joinder of proceedings.
(a) Except as otherwise provided in subsection (b), a proceeding to adjudicate parentage may be joined with a proceeding for adoption, termination of parental rights, the allocation of parental responsibilities or parenting time, child support, dissolution of marriage or civil union, declaration of invalidity of marriage or civil union, legal separation, probate or administration of an estate, or other appropriate proceeding.
(b) A respondent may not join a proceeding described in subsection (a) with a proceeding to adjudicate parentage brought under the Uniform Interstate Family Support Act.
(Source: P.A. 99-85, eff. 1-1-16; 99-769, eff. 1-1-17.)
(750 ILCS 46/612)
Sec. 612. Proceeding before birth. A proceeding to establish parentage may be commenced before the birth of the child, but may not be concluded until after the birth of the child. The following actions may be taken before the birth of the child:
(a) service of process;
(b) the taking of depositions to perpetuate     testimony; and
(c) except as prohibited by Article 4 of this Act,     collection of specimens for genetic testing.
(Source: P.A. 99-85, eff. 1-1-16.)
(750 ILCS 46/613)
Sec. 613. Child as party; representation.
(a) A minor child is a permissible party, but is not a necessary party to a proceeding under this Article.
(b) The court shall appoint a guardian ad litem, child's representative, or attorney for the child to represent a minor or incapacitated child if the child is a party or the court finds that the interests of the child are not adequately represented.
(Source: P.A. 99-85, eff. 1-1-16.)
(750 ILCS 46/613.5)
Sec. 613.5. Special immigrant child findings.
(a) For the purpose of making a finding under this Section:
"Abuse" has the meaning ascribed to that term in      subsection (1) of Section 103 of the Illinois Domestic Violence Act of 1986.
"Abandonment" includes, but is not limited to, the     failure of a parent to maintain a reasonable degree of interest, concern, or responsibility for the welfare of the child or when one or both of the child's parents are deceased or cannot be reasonably located.
"Neglect" includes the meaning ascribed to the term     in paragraph (a) of subsection (1) of Section 2-3 of the Juvenile Court Act of 1987 and the failure to perform  caretaking functions as defined  in subsection (c) of Section 600 of the Illinois Marriage and Dissolution of Marriage Act.
(b) A court of this State that is competent to adjudicate parentage has jurisdiction to make the findings necessary to enable a child, who is the subject of a proceeding to adjudicate parentage, to petition the United States Citizenship and Immigration Services for classification as a Special Immigrant Juvenile under Section 1101(a)(27)(J) of Title 8 of the United States Code.
(c) If a motion requests findings regarding Special Immigrant Juvenile Status under Section 1101(a)(27)(J) of Title 8 of the United States Code, and the evidence, which may consist solely of, but is not limited to, a declaration by the child, supports the findings, the court shall issue an order, that includes the following findings:
(1)(A) the child is declared a dependent of the     court; or  (B) the child is placed under the custody of an individual or entity appointed by the court; and
(2) that reunification of the child with one or both     of the child's parents is not viable due to abuse, neglect, abandonment, or other similar basis; and
(3) that it is not in the best interest of the child     to be returned to the child's or parent's previous country of nationality or last habitual residence.
(d) In any proceedings in response to a motion that the court make the findings necessary to support a petition for classification as a Special Immigrant Juvenile, information regarding  the immigration status of the child, the child's parent, or the child's guardian that is not otherwise protected by State confidentiality laws shall remain confidential and shall be available for inspection only by the court, the child who is the subject of the proceeding, the parties, the attorneys for the parties, the child's counsel, and the child's parent or guardian.
(Source: P.A. 101-121, eff. 11-25-19 (see P.A. 101-592 for the effective date of changes made by P.A. 101-121).)
(750 ILCS 46/614)
Sec. 614. Admissibility of results of genetic testing; expenses.
(a) If a child has a presumed, acknowledged, or adjudicated parent, the results of genetic testing are inadmissible to adjudicate parentage unless performed:
(1) with the consent of both the mother and the     presumed, acknowledged, or adjudicated parent; or
(2) pursuant to an order of the court under Section     402 of this Act.
(b) Copies of bills for genetic testing and for prenatal and postnatal health care for the mother and child which are furnished to the adverse party not less than 10 days before the date of a hearing are admissible to establish:
(1) the amount of the charges billed; and
(2) that the charges were reasonable, necessary, and     customary.
(c)  Certified copies of the bills for costs incurred for pregnancy and childbirth shall be admitted into evidence at judicial or administrative proceedings without foundation testimony or other proof of authenticity or accuracy.
(Source: P.A. 99-85, eff. 1-1-16.)
(750 ILCS 46/615)
Sec. 615. Consequences of declining genetic testing.
(a) An order for genetic testing is enforceable through a proceeding for adjudication of contempt.
(b) If an individual whose parentage is being determined declines to submit to genetic testing ordered by the court or administrative agency, the court or administrative agency may adjudicate parentage contrary to the position of that individual.
(c) Genetic testing of the mother of a child is not a condition precedent to genetically testing the child and a man whose paternity is being determined. If the mother is unavailable or declines to submit to genetic testing, the court or administrative agency may order the genetic testing of the child and every man whose paternity is being adjudicated.
(Source: P.A. 99-85, eff. 1-1-16.)
(750 ILCS 46/616)
Sec. 616. Admission of parentage authorized.
(a) A respondent in a proceeding to adjudicate parentage may admit to the parentage of a child by filing a pleading to that effect or by admitting parentage under penalty of perjury when making an appearance or during a hearing.
(b) If the court finds that the admission of parentage satisfies the requirements of this Section and finds that there is no reason to question the admission, the court shall enter an order adjudicating the child to be the child of the person admitting parentage.
(Source: P.A. 99-85, eff. 1-1-16.)
(750 ILCS 46/617)
Sec. 617. Rules for adjudication of parentage. The court shall apply the following rules to adjudicate the parentage of a child:
(a) The parentage of a child having an adjudicated     parent may be disproved only by admissible results of genetic testing, or other means, excluding that person as the parent of the child or identifying another person as the parent of the child.
(b) Unless the results of the genetic testing or     other evidence are admitted to rebut other results of genetic testing, a person identified as the parent of a child under Section 404 of this Act may be adjudicated the parent of the child.
(c) If the court finds that genetic testing under     Section 404 neither identifies nor excludes a person as the parent of a child, the court may not dismiss the proceeding. In that event, the results of genetic testing and other evidence are admissible to adjudicate the issue of parentage.
(d) Unless the results of genetic testing are     admitted to rebut other results of genetic testing, a person excluded as the parent of a child by genetic testing may be adjudicated not to be the parent of the child.
(Source: P.A. 99-85, eff. 1-1-16.)
(750 ILCS 46/618)
Sec. 618. Pre-trial proceedings.   As soon as practicable after an action
to declare the existence or non-existence of the parent-child relationship has been brought, and the parties are at issue, the court may conduct a pre-trial conference.
(Source: P.A. 99-85, eff. 1-1-16.)
(750 ILCS 46/619)
Sec. 619. Jury prohibited. Trial by jury is not available under this Act.
(Source: P.A. 99-85, eff. 1-1-16.)
(750 ILCS 46/620)
Sec. 620. Order on default. The court may issue an order adjudicating the parentage of a person who is in default after service of process.
(Source: P.A. 99-85, eff. 1-1-16.)
(750 ILCS 46/621)
Sec. 621. Binding effect of determination of parentage.
(a) Except as otherwise provided in subsection (b) of this Section, a determination of parentage is binding on:
(1) all signatories to an acknowledgment or denial as     provided in Article 3 of this Act; and
(2) all parties to an adjudication by a court acting     under circumstances that satisfy the jurisdictional requirements of Section 201 of the Uniform Interstate Family Support Act.
(b) A child is not bound by a determination of parentage under this Act unless:
(1) the determination was based on an unrescinded     acknowledgment as provided in Article 3 of this Act and the acknowledgment is consistent with the results of genetic testing;
(2) the adjudication of parentage was based on a     finding consistent with the results of genetic testing and the consistency is declared in the determination or is otherwise shown;
(3) the child was a party or was represented in the     proceeding determining parentage by a guardian ad litem, child's representative or attorney for the child; and
(4) the child was no longer a minor at the time the     proceeding was initiated and was the moving party resulting in the parentage determination.
(c) In a proceeding for dissolution of marriage, civil union, or substantially similar legal relationship, declaration of invalidity of marriage, civil union, or substantially similar legal relationship, or legal separation, the court is deemed to have made an adjudication of the parentage of a child if the court acts under circumstances that satisfy the jurisdictional requirements of Section 201 of the Uniform Interstate Family Support Act, and the final order:
(1) expressly identifies a child as a "child of the     marriage, civil union, or substantially similar legal relationship", "issue of the marriage, civil union, or substantially similar legal relationship", or uses similar words indicating that a party to the marriage, civil union, or substantially similar legal relationship is the parent of the child; or
(2) provides for support of the child by the parties     to the marriage, civil union, or substantially similar legal relationship, unless parentage is specifically disclaimed in the order.
(d) Except as otherwise provided in subsection (b) of this Section, a determination of parentage may be a defense in a subsequent proceeding seeking to adjudicate parentage by an individual who was not a party to the earlier proceeding.
(e) A party to an adjudication of parentage may challenge the adjudication only under the laws of this State relating to appeal, vacation of judgments, or other judicial review.
(Source: P.A. 99-85, eff. 1-1-16.)
(750 ILCS 46/622)
Sec. 622. Allocation of parental responsibilities or parenting time prohibited to men who father through sexual assault or sexual abuse.
(a) This Section applies to a person who has been found to be the father of a child under this Act and who:
(1) has been convicted of or who has pled guilty or     nolo contendere to a violation of Section 11-1.20 (criminal sexual assault), Section 11-1.30 (aggravated criminal sexual assault), Section 11-1.40 (predatory criminal sexual assault of a child), Section 11-1.50 (criminal sexual abuse), Section 11-1.60 (aggravated criminal sexual abuse), Section 11-11 (sexual relations within families), Section 12-13 (criminal sexual assault), Section 12-14 (aggravated criminal sexual assault), Section 12-14.1 (predatory criminal sexual assault of a child), Section 12-15 (criminal sexual abuse), or Section 12-16 (aggravated criminal sexual abuse) of the Criminal Code of 1961 or the Criminal Code of 2012, or a similar statute in another jurisdiction, for his conduct in fathering that child; or
(2) at a fact-finding hearing, is found by clear and     convincing evidence to have committed an act of non-consensual sexual penetration for his conduct in fathering that child.
(b) A person described in subsection (a) shall not be entitled to an allocation of any parental responsibilities or parenting time with that child without the consent of the child's mother or guardian.  If the person described in subsection (a) is also the guardian of the child, he does not have the authority to consent to parenting time or the allocation of parental responsibilities under this Section. If the mother of the child is a minor, and the person described in subsection (a) is also the father or guardian of the mother, then he does not have the authority to consent to the allocation of parental responsibilities or parenting time.
(c) Notwithstanding any other provision of this Act, nothing in this Section shall be construed to relieve the father described in subsection (a) of any support and maintenance obligations to the child under this Act. The child's mother or guardian may decline support and maintenance obligations from the father.
(d) Notwithstanding any other provision of law, the father described in subsection (a) of this Section is not entitled to any inheritance or other rights from the child without the consent of the child's mother or guardian.
(e) Notwithstanding any provision of the Illinois Marriage and Dissolution of Marriage Act, the parent, grandparent, great-grandparent, or sibling of the person described in subsection (a) of this Section does not have standing to bring an action requesting the allocation of parental responsibilities or parenting time with the child without the consent of the child's mother or guardian.
(f) A petition under this Section may be filed by the child's mother or guardian either as an affirmative petition in circuit court or as an affirmative defense in any proceeding filed by the person described in subsection (a) of this Section regarding the child.
(Source: P.A. 99-85, eff. 1-1-16; 99-769, eff. 1-1-17.)