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| Public Act 093-1095 |
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AN ACT concerning family law.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Illinois Parentage Act of 1984 is amended by | ||||
changing Section 6 as follows:
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(750 ILCS 45/6) (from Ch. 40, par. 2506)
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Sec. 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, Section 10-17.7 of the Illinois
Public | ||||
Aid Code, or the provisions of the Gestational Surrogacy Act.
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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
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social security numbers of the persons signing a voluntary | ||||
acknowledgment of
parentage does not
invalidate the voluntary | ||||
acknowledgment of parentage.
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(1) A parent-child relationship may be established in | ||||
the event of
gestational surrogacy if all of the following | ||||
conditions are met prior to the birth of the
child:
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(A) The gestational surrogate certifies that she | ||||
is not the biological mother
of the child, and that she | ||||
is carrying the child for the intended parents.
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(B) The husband, if any, of the gestational
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surrogate certifies that he is
not the biological | ||||
father of the child.
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(C) The intended mother certifies that she | ||||
provided or an egg donor donated the egg from which
the | ||||
child being carried by the gestational surrogate was | ||||
conceived.
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(D) The intended father certifies that he provided | ||
or a sperm donor donated the sperm from which
the child | ||
being carried by the gestational
surrogate was | ||
conceived.
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(E) A physician licensed to practice medicine in | ||
all its branches in the
State of Illinois certifies | ||
that the child being carried by the gestational
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surrogate
is the biological child of the intended | ||
mother or the
and
intended father or both and that | ||
neither the gestational
surrogate nor the
gestational | ||
surrogate's husband, if any, is a biological parent of | ||
the child being
carried by the gestational surrogate.
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(E-5) The attorneys for the intended parents and | ||
the gestational surrogate each certifies that the | ||
parties entered into a gestational surrogacy contract | ||
intended to satisfy the requirements of Section 25 of | ||
the Gestational Surrogacy Act with respect to the | ||
child.
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(F) All certifications shall be in writing and | ||
witnessed by 2 competent
adults who are not the | ||
gestational surrogate, gestational surrogate's | ||
husband, if any,
intended mother, or intended father. | ||
Certifications shall be on forms
prescribed by the | ||
Illinois Department of Public Health, shall be | ||
executed prior
to the birth of the child, and shall be | ||
placed in the medical records of the
gestational
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surrogate prior to the birth of the child. Copies of | ||
all
certifications shall be delivered to the Illinois | ||
Department of Public Health
prior to the birth of the | ||
child.
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(2) Unless otherwise determined by order of the Circuit | ||
Court, the child
shall be presumed to be the child of the | ||
gestational surrogate and of the gestational surrogate's | ||
husband, if any, if all requirements of subdivision (a)(1) | ||
are not
met
prior to the birth of the child. This | ||
presumption may be rebutted by clear and
convincing | ||
evidence. The circuit court may order the gestational | ||
surrogate,
gestational surrogate's husband, intended | ||
mother, intended father, and child to
submit to such | ||
medical examinations and testing as the court deems
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appropriate.
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(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.
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(c) A judicial or administrative proceeding to ratify | ||
paternity
established
in accordance with subsection (a) is | ||
neither required nor permitted.
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(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
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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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(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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(Source: P.A. 92-16, eff. 6-28-01; 93-921, eff. 1-1-05.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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