Different Types of Illinois Paternity Suits

In this article, our Illinois paternity attorneys explain the different types of paternity cases that we handle. There are three different primary types of paternity cases that can be filed in Illinois pursuant to the Illinois Parentage Act of 1984.  The Parentage Act controls issues arising from children born out of wedlock.  These suits are:

• A court action to establish paternity by mutual consent of both parents;
• Contested paternity cases; and
• Suits to prove that an individual is not the father of the child in question.

Who Can File a Paternity Suit

Our Illinois paternity lawyers explain who can file a paternity suit. A paternity suit to establish a father-child relationship may be filed by the child, the mother, anyone claiming to be the child's father, or any individual or government agency that is providing financial assistance to the child.

‍By contrast, only the child's mother or the child's "presumed father" have standing to file suit to establish the non-existence of a father-child relationship.   

When can a contested paternity suit be filed?

Contested paternity suits can be filed before the birth of the child.  However, all of the proceedings will be stayed until the child is born, except for depositions to preserve evidence and blood tests.

‍Suits to establish the existence of the father-child relationship may be filed until the child reaches the age of twenty.  However, the statute of limitations bars suits to establish the non-existence of the father-child relationship once two years have passed since the time that the father obtains knowledge of the relevant facts.

Our Illinois paternity attorneys have extensive experiences in all three types of paternity suits.

Read more by our Illinois paternity attorneys about the different types of Illinois paternity cases.

Establishing Paternity by Consent at Birth

In this article, our Illinois paternity lawyers explain how to establish paternity by consent at birth.

When a child is born to parents who are not married, hospitals and midwives are required by the Illinois Vital Records Act to provide the parents with the following forms that will allow the parents to simply and easily establish paternity by mutual consent, assuming that both parents agree.  These forms include:

• A petition to declare paternity by consent; and
• An agreed order to be entered by the court in which the petition is filed, which will establish paternity.
• If the parents are in agreement about paternity, they can execute these forms and deliver them to the clerk of the circuit court.  The judge will then enter the agreed order without requiring the parents to appear in court.

If a "presumed father" (defined below) exists and is different from the father consenting to paternity, either the "presumed father" must sign the petition documents, or the mother must submit an affidavit testifying that she has provided notice to the presumed father according to the requirements set forth in the Illinois Parentage Act. Our Illinois paternity attorneys will be happy to assist you in preparing and filing your consent paternity forms.

In this article, our Illinois paternity attorneys explain the concept of a "presumed father" in Illinois paternity cases.

If there is a "presumed father," as defined by the Illinois Parentage Act, there is a higher standard of proof required to show that the "presumed father" is not actually the father of the child.  The "presumed father" is also entitled to certain notices, described below, if the mother or a third party attempt to establish that someone other than the "presumed father" is the father of the child.

According to the Illinois Parentage Act, you are the "presumed father" of a child if any of the following is true:

• You were married to the child's mother, in a civil union, or in a substantially similar relationship at the time of birth;
• You were in a marriage, civil union, or a substantially similar relationship that was terminated within 300 days prior to the child being born;
• You were in an invalid marriage or civil union at the time of birth or within 300 days prior to the time of birth, which was entered into in apparent compliance with the law;
• You married the child's mother after the birth of the child and are listed as the child's father on the birth certificate.  

Read more by our Illinois paternity lawyers explaining how to prove paternity in Illinois.