Many individuals have questions regarding
the Voluntary Consent to Paternity process for unmarried
persons
occurring in Hospitals across the State of Illinois. This Paternity
Consent procedure is widely available without any attorney or court
involvement, so it is important to understand how it works.
To view Information regarding this Legal
process, click on a Topic below.
Frequently
Asked
Questions Regarding Voluntary Paternity Establishment Between Unmarried
Parents at Hospitals and Other Locations:
Does my child have a legal daddy?
What is the Voluntary Acknowledgment of Paternity Process?
What if my husband is not the father of my child?
What are the legal rights the Mother and Father are
waiving when they sign the form at the hospital?
Can I get child support now?
When is the father's name placed on the birth
certificate now?
What are the special rules regarding
domestic violence victims on public aid?
What if I made a mistake when I signed the Voluntary
Acknowledgment of Paternity form?
How can the Mother or the alleged father
find out who is named on the child's birth certificate?
Can I obtain a copy of the birth certificate?
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of Children (in Divorce or
Paternity)
Suggested Oral Explanation To be Given by
Hospital Personnel and Others to Unmarried Parents (From
Department of Public Aid)
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Sample Voluntary Paternity Forms:
Illinois Laws Regarding
Voluntary Acknowledgment
of Paternity:
Links to Paternity Websites:
Back to Custody of Children (in Divorce or
Paternity)
Does my child have a legal daddy?
My boyfriend and I signed SOMETHING at the hospital
when the baby was born, but I lost my copy. I never went to
Court and DNA was never done. Does my child have a legal daddy?
YES! Once a Voluntary Acknowledgment of
Paternity form is signed at the hospital, or anywhere else, it is a
legal document, and it waives the right to the Court process.
Many individuals have questions regarding
the voluntary paternity consent process for unmarried persons
occurring in hospitals across the State of Illinois. Whether or not
this common practice of legal paternity establishment at hospitals,
without DNA tests or any court involvement, is ultimately a wise
policy for battered women and their children is still being debated.
However, this paternity consent procedure is widely available, so it
is important to understand how it works.
The legislation mandating this latest
paternity procedure was enacted in August 1996. The purpose of the
law is to make it easier for unwed parents to establish paternity at
the time of the child's birth. The intent of the law is also to make
it easier for unmarried moms and Public Aid to collect child support
from the new dad. Illinois Department of Public Aid has a Child
Support website that gives information about how to apply for child
support.
http://www.state.il.us/dpa
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What is the Voluntary Acknowledgment of Paternity Process?
- When both parents sign the Voluntary
Acknowledgment of Paternity form, it eliminates the court process.
The form that the parents sign at the hospital, or elsewhere, is a
legal document on the face of the form. Once the form is signed in
front of a witness, it establishes the man as the legal father of
the child.
- The law states that the Illinois
Department of Public Aid shall furnish Voluntary Acknowledgment of
Paternity forms to hospitals, Public Aid, County Clerks and other
agencies like Head Start, etc. This way if the unmarried parents
do not sign the form at the hospital, they can sign it later at
other locations. The form may be signed for any child regardless of age.
- The hospital shall provide the child's
mom and father the opportunity to sign the paternity consent form
that immediately becomes a legal document without a court order.
The mom and father are given a copy and the hospital keeps a copy.
A copy of the form is then sent to Public Aid that forwards the
information to Public Health's Division of Vital Records.
- Custody of the child is presumed to be
with the mom. The biological father may petition the court for
visitation and/or custody.
- An unmarried father cannot have his name
added to a child's birth certificate if he does not sign the
Voluntary Acknowledgment of Paternity form along with the mom.
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What if my husband is not the father of my child?
What if the mom was married at the time of
conception or birth of the child and the biological father of her
child was not her husband?
The law presumes a woman's husband is the
father of her child so long as they were married at the time of
conception or birth of the child. If the husband is not the father,
the voluntary acknowledgment process attempts to have all 3 people
(mom, her husband, and biological father) take the proper steps to
establish biological father's paternity with the child:
- Mom and the husband must both sign Public
Aid's Denial of Paternity form. Again this form is a legal and
binding document once it is signed at the hospital or other
location. AND ALSO
- The mom and the man to be named as the
biological father must sign the Voluntary Acknowledgment of
Paternity form.
If either of the above two requirements is
not met, the husband is presumed to be the father of the child by
law, and his name must be placed on the birth certificate.
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What are the legal rights the Mother and Father are
waiving when they sign the form at the hospital?
The unmarried mom and the father of the
child give up the following legal rights when they sign the
Voluntary Acknowledgment of Paternity form.
- There will be no court or administrative
hearings regarding paternity of the child if the form is used.
- The mom and father do not have a right to
genetic testing after they have established paternity when they
use this form.
- Once the form is signed, the mom and the
father are bound by the paternity decision, even though they did
not seek any legal advice from an attorney prior to signing.
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Can I get child support now?
My ex-boyfriend signed something at the hospital,
but now he says he isn't the father. Can I get child support
now?
There are benefits of paternity
establishment at the hospital. Victims need child support.
Once a mom and an alleged father sign a
Voluntary Acknowledgment of Paternity form in front of a witness,
the man becomes the legal father of the child. This establishes
paternity so that child support can be sought. Once legal paternity
is established, the child also has the right to the legal father's
benefits such as his medical coverage, social security, veteran
benefits, pensions and inheritance.
If a child has a legal father, the father's
medical, genetic records should be available for that child in case
of diagnosis and treatment of the child's medical problems.
Back to Questions
When is the father's name
placed on the birth
certificate now?
If the mom was not married to the father of
the child at either the time of conception or the time of birth, the name of the father will only be entered on the birth certificate if the mom and father have signed the
Voluntary Acknowledgment of Paternity form.
Back to Questions
What are the special rules regarding
domestic violence victims on public aid?
Moms on public assistance must participate
in the establishment of paternity as a condition for receiving
Public Aid benefits. A mom who refuses to provide paternity
establishment information can lose her Public Aid benefits.
Victims of domestic violence, rape or incest
can be exempt from cooperation in the paternity establishment. The
victim may need an advocate to help her explain her situation to
Public Aid so she will not be penalized.
A legal aid office should be contacted if a
victim's benefits are cut because she does not want to risk her
safety by giving information about the abuser to Public Aid.
Back to Questions
What if I made a mistake when I signed the Voluntary
Acknowledgment of Paternity form?
Parties can request a Rescission of Voluntary Acknowledgement of Paternity form.
Either the mom or the father who signed the Voluntary
Acknowledgment of Paternity form may withdraw the
acknowledgment by signing a
Request for Rescission form in front of
a witness within 60 days. This form is also printed by Public Aid and
available at the same locations that the Voluntary Acknowledgment of
Paternity form is obtained. After the 60 days are up, it is much more
difficult to contest paternity that has been established. Once the 60-
day period has expired, persons wanting to withdraw their consent to
paternity must challenge paternity in court on the basis of fraud,
duress, or material mistake of fact. An attorney should be consulted
regarding the rights of the parties in these situations.
Back to Questions
How can the Mother or the alleged father
find out who is named on the child's birth certificate?
The mom can check in her hospital records to
see if the hospital has placed the signed Acknowledgment form in her
files.
Or, either the mom or the father can request
a copy of the child's birth certificate. Birth records are not open
to the public; however, a named parent can receive a copy. So, if a
man were denied a copy of a birth certificate, it would mean he is
not listed as the father of that child.
Back to Questions
Can I obtain a copy of the birth certificate?
An Application for Search of Birth Record
must be filled out when requesting a copy of the birth
certificate. The Application is available from the offices that
supply the birth certificates. A copy of the form is also
available via the Internet. The Internet website to obtain a copy
of the Application for Search of Birth Record Files is located in
the Vital Records Section of Illinois Department of Public Health
at http://www.idph.state.il.us
One of the locations that the mom or
father can get a copy of the child's birth certificate is from the
County Clerk's office. The fee will vary throughout the counties.
Another place the certificate can be obtained is from the Illinois
Department of Public Health, Division of Vital Records, 605 West
Jefferson, Springfield, Illinois 62702. There is a charge of $15
to obtain a certified birth certificate.
Back to Questions
Illinois Laws
Regarding Voluntary
Acknowledgment of Paternity
Voluntary
Acknowledgment of Paternity Act
From
Vital Records Act
(410 ILCS 535/12 in part)
(4) Unless otherwise
provided in this Act, if the mother was not married to the father of
the child at either the time of conception or the time of birth, the
name of the father shall be entered on the child's birth certificate
only if the mother and the person to be named as the father have
signed an acknowledgment of parentage in accordance with subsection
(5).
Unless otherwise provided in this
Act, if the mother was married at the time of conception or birth
and the presumed father (that is, the mother's husband) is not the
biological father of the child, the name of the biological father
shall be entered on the child's birth certificate only if, in
accordance with subsection (5), (i) the mother and the person to be
named as the father have signed an acknowledgment of parentage and
(ii) the mother and presumed father have signed a denial of
paternity.
(5) Upon the birth of a child to an
unmarried woman, or upon the birth of a child to a woman who was
married at the time of conception or birth and whose husband is not
the biological father of the child, the institution at the time of
birth and the local registrar or county clerk after the birth shall
do the following:
(a) Provide (i) an
opportunity for the child's mother and father to sign an
acknowledgment of parentage and (ii) if the presumed father is not
the biological father, an opportunity for the mother and presumed
father to sign a denial of paternity. The signing and witnessing of
the acknowledgment of parentage or, if the presumed father of the
child is not the biological father, the acknowledgment of parentage
and denial of paternity conclusively establishes a parent and child
relationship in accordance with Sections 5 and 6 of the Illinois
Parentage Act of 1984.
The Illinois Department of
Public Aid shall furnish the acknowledgment of parentage and denial
of paternity form to institutions, county clerks, and State and
local registrars offices. The form shall include instructions to
send the original signed and witnessed acknowledgment of parentage
and denial of paternity to the Illinois Department of Public Aid. *
* *
(6) The institution, State or local registrar, or
county clerk shall provide an opportunity for the child's father or
mother to sign a rescission of parentage. The signing and witnessing
of the rescission of parentage voids the acknowledgment of parentage
and nullifies the presumption of paternity if executed and filed
with the Illinois Department of Public Aid within the time frame
contained in Section 5 of the Illinois Parentage Act of 1984. The
Illinois Department of Public Aid shall furnish the rescission of
parentage form to institutions, county clerks, and State and local
registrars' offices. The form shall include instructions to send the
original signed and witnessed rescission of parentage to the
Illinois Department of Public Aid.
(7) An acknowledgment of paternity signed pursuant to Section 6 of
the Illinois Parentage Act of 1984 may be challenged in court only
on the basis of fraud, duress, or material mistake of fact, with the
burden of proof upon the challenging party. Pending outcome of a
challenge to the acknowledgment of paternity, the legal
responsibilities of the signatories shall remain in full force and
effect, except upon order of the court upon a showing of good cause.
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Voluntary Acknowledgment of Paternity
From Illinois Parentage
Act
(750 ILCS 45/6)
Establishment of Parent and Child
Relationship by Consent of the Parties.
(a) A
parent and child relationship may be established voluntarily by the
signing and witnessing of a voluntary acknowledgment of parentage in
accordance with Section 12 of the Vital Records Act or Section
10-17.7 of the Illinois Public Aid Code. The voluntary
acknowledgment of parentage shall contain the social security
numbers of the persons signing the voluntary acknowledgment of
parentage; however, failure to include the social security numbers
of the persons a voluntary acknowledgment of parentage does not
invalidate the voluntary acknowledgment of parentage.
(b)
Notwithstanding any other provisions of this Act, paternity
established in accordance with subsection (a) has the full force and
effect of a judgment entered under this Act and serves as a basis
for seeking a child support order without any further proceedings to
establish paternity.
(c) A
judicial or administrative proceeding to ratify paternity
established in accordance with subsection (a) is neither required
nor permitted.
(d) A
signed acknowledgment of paternity entered under this Act may be
challenged in court only on the basis of fraud, duress, or material
mistake of fact, with the burden of proof upon the challenging
party. Pending outcome of the challenge to the acknowledgment of
paternity, the legal responsibilities of the signatories shall
remain in full force and effect, except upon order of the court upon
a showing of good cause.
(e) Once a parent and
child relationship is established in accordance with subsection (a),
an order for support may be established pursuant to a petition to
establish an order for support by consent filed with the clerk of
the circuit court. A copy of the properly completed acknowledgment
of parentage form shall be attached to the petition. The petition
shall ask that the circuit court enter an order for support. The
petition may ask that an order for visitation, custody, or
guardianship be entered. The filing and appearance fees provided
under the Clerks of Courts Act shall be waived for all cases in
which an acknowledgment of parentage form has been properly
completed by the parties and in which a petition to establish an
order for support by consent has been filed with the clerk of the
circuit court. This subsection shall not be construed to prohibit
filing any petition for child support, visitation, or custody under
this Act, the Illinois Marriage and Dissolution of Marriage Act, or
the Non-Support Punishment Act. This subsection shall also not be
construed to prevent the establishment of an administrative support
order in cases involving persons receiving child support enforcement
services under Article X of the Illinois Public Aid Code.
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Questions
Presumption of Paternity
- From Illinois Parentage Act
(750 ILCS
45/5)
Presumption of
Paternity.
(a) A man is
presumed to be the natural father of a child if:
(1) he and the
child's natural mother are or have been married to each other, even
though the marriage is or could be declared invalid, and the child
is born or conceived during such marriage;
(2) after the
child's birth, he and the child's natural mother have married each
other, even though the marriage is or could be declared invalid, and
he is named, with his written consent, as the child's father on the
child's birth certificate;
(3) he and the
child's natural mother have signed an acknowledgment of paternity in
accordance with rules adopted by the Illinois Department of Public
Aid under Section 10-17.7 of the Illinois Public Aid Code;
or
(4) he
and the child's natural mother have signed an acknowledgment of
parentage or, if the natural father is someone other than one
presumed to be the father under this Section, an acknowledgment of
parentage and denial of paternity in accordance with Section 12 of
the Vital Records Act.
(b) A presumption
under subdivision (a)(1) or (a)(2) of this Section may be rebutted
only by clear and convincing evidence. A presumption under
subdivision (a)(3) or (a)(4) is conclusive, unless the
acknowledgment of parentage is rescinded under the process provided
in Section 12 of the Vital Records Act, upon the earlier
of:
(1) 60 days after the date the
acknowledgment of parentage is signed, or
(2) the date of an administrative or
judicial proceeding relating to the child (including a proceeding to
establish a support order) in which the signatory is a party; except
that if a minor has signed the acknowledgment of paternity or
acknowledgment of parentage and denial of paternity, the presumption
becomes conclusive 6 months after the minor reaches majority or is
otherwise emancipated.
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