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| Public Act 099-0675 | ||||
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AN ACT concerning health.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Vital Records Act is amended by changing | ||||
Section 12 as follows:
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(410 ILCS 535/12)
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Sec. 12. Live births; place of registration.
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(1) Each live birth which occurs in this State shall be | ||||
registered
with the local or subregistrar of the district in | ||||
which the birth occurred
as provided in this Section, within 7 | ||||
days after the birth. When a
birth occurs on a moving | ||||
conveyance, the city, village, township, or road
district in | ||||
which the child is first removed from the conveyance shall be
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considered the place of birth and a birth certificate shall be | ||||
filed in the
registration district in which the place is | ||||
located.
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(2) When a birth occurs in an institution, the person in | ||||
charge of the
institution or his designated representative | ||||
shall obtain and record all
the personal and statistical | ||||
particulars relative to the parents of the
child that are | ||||
required to properly complete the live birth certificate; shall
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secure the required
personal signatures on the hospital | ||||
worksheet; shall prepare the certificate
from this worksheet; | ||||
and shall file the certificate with the local
registrar. The | ||
institution shall retain the hospital worksheet permanently or
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as
otherwise specified by rule. The
physician in attendance | ||
shall verify or provide the date of birth and
medical | ||
information required by the certificate, within 24 hours after | ||
the
birth occurs.
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(3) When a birth occurs outside an institution, the | ||
certificate shall be
prepared and filed by one of the following | ||
in the indicated order of
priority:
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(a) The physician in attendance at or immediately after | ||
the birth, or in
the absence of such a person,
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(b) Any other person in attendance at or immediately | ||
after the birth, or
in the absence of such a person,
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(c) The father, the mother, or in the absence of the | ||
father and the
inability of the mother, the person in | ||
charge of the premises where the
birth occurred.
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(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 a | ||
voluntary an acknowledgment of paternity form parentage in | ||
accordance with subsection (5).
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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 a voluntary an
acknowledgment of | ||
paternity form parentage and (ii) the mother and presumed | ||
father have signed
a denial of parentage form paternity.
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(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:
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(a) Provide (i) an opportunity for the child's mother | ||
and father to sign a voluntary
an acknowledgment of | ||
paternity form 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 parentage form | ||
paternity. The signing and witnessing of the voluntary | ||
acknowledgment of paternity form
parentage or, if the | ||
presumed father of the child is not the biological father, | ||
the voluntary acknowledgment of paternity parentage and | ||
denial of parentage forms paternity conclusively establish
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establishes a parent and child relationship in accordance | ||
with Sections 5 and 6
of the Illinois Parentage Act of 1984 | ||
and with the Illinois Parentage Act of 2015 on and after | ||
the effective date of that Act.
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The Department of Healthcare and Family Services shall | ||
furnish
the voluntary acknowledgment of paternity and | ||
denial of parentage forms acknowledgment of parentage and | ||
denial of paternity form to institutions,
county clerks, | ||
and State and local registrars' offices. The forms form | ||
shall
include
instructions to send the
original signed and | ||
witnessed voluntary acknowledgment of paternity parentage | ||
and denial of
parentage paternity to the Department of | ||
Healthcare and Family Services. The voluntary | ||
acknowledgement of paternity and denial of parentage forms | ||
paternity form shall also include a statement informing the | ||
mother, the alleged father, and the presumed father, if | ||
any, that they have the right to request deoxyribonucleic | ||
acid (DNA) tests regarding the issue of the child's | ||
paternity and that by signing the form, they expressly | ||
waive such tests. The voluntary acknowledgment of | ||
paternity and denial of parentage forms shall contain the | ||
data elements required by federal law. The statement shall | ||
be set forth in bold-face capital letters not less than | ||
0.25 inches in height.
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(b) Provide the following documents, furnished by the | ||
Department
of Healthcare and Family Services, to the | ||
child's mother, biological father, and (if the person
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presumed to be the child's father is not the biological | ||
father) presumed father
for their review at
the time the | ||
opportunity is provided to establish a parent and child
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relationship:
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(i) An explanation of the implications of, | ||
alternatives to, legal
consequences of, and the rights | ||
and responsibilities
that arise from signing a | ||
voluntary an
acknowledgment of paternity form | ||
parentage and, if necessary, a denial of parentage form
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paternity, including an explanation of the parental | ||
rights and
responsibilities of child support, | ||
visitation, custody, retroactive support,
health | ||
insurance coverage, and payment of birth expenses.
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(ii) An explanation of the benefits of having a | ||
child's parentage
established and the availability of | ||
parentage establishment and child
support
enforcement | ||
services.
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(iii) A request for an application for child | ||
support enforcement
services from
the
Department of | ||
Healthcare and Family Services.
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(iv) Instructions concerning the opportunity to | ||
speak, either by
telephone or in person, with staff of
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the Department of Healthcare and Family Services who | ||
are trained to clarify information
and answer | ||
questions about paternity establishment.
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(v) Instructions for completing and signing the | ||
voluntary acknowledgment of paternity
parentage and | ||
denial of parentage forms paternity.
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(c) Provide an oral explanation of the documents and | ||
instructions set
forth in subdivision (5)(b), including an | ||
explanation of the implications of,
alternatives to, legal | ||
consequences of, and the rights and responsibilities
that | ||
arise from signing a voluntary an acknowledgment of | ||
paternity form parentage and, if necessary, a
denial of | ||
parentage form paternity. The oral explanation may be given | ||
in person or through
the use of video or audio equipment.
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(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 voluntary acknowledgment of | ||
paternity or denial of parentage form parentage.
The signing | ||
and witnessing of the rescission of voluntary acknowledgment of | ||
paternity or denial of parentage form parentage voids the | ||
voluntary
acknowledgment of paternity form parentage and | ||
nullifies the presumption of paternity if
executed and filed | ||
with the Department of Healthcare and Family Services (formerly | ||
Illinois Department of Public Aid) within the
time frame | ||
contained in Section 5
of the Illinois Parentage Act of 1984 or | ||
Section 307 of the Illinois Parentage Act of 2015 on and after | ||
the effective date of that Act.
The Department of Healthcare | ||
and Family Services shall furnish the rescission of voluntary | ||
acknowledgment of paternity or denial of parentage form | ||
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 | ||
voluntary acknowledgment of paternity or denial of parentage | ||
form parentage to the Department of Healthcare and Family | ||
Services. The rescission of voluntary acknowledgment of | ||
paternity or denial of parentage form shall contain the data | ||
elements required by federal law.
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(7) A voluntary An acknowledgment of paternity form signed | ||
pursuant to Section 6 of the
Illinois Parentage Act of 1984 or | ||
Section 302 of the Illinois Parentage Act of 2015 on and after | ||
the effective date of that 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 a challenge to the voluntary acknowledgment of
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paternity form, 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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(8) When the process for acknowledgment of parentage as | ||
provided for under
subsection (5) establishes the paternity of | ||
a child whose certificate of birth
is on file in
another state, | ||
the Department of Healthcare and Family Services shall forward | ||
a copy of
the voluntary acknowledgment of paternity, denial of | ||
parentage, and
acknowledgment of parentage, the denial of | ||
paternity, if applicable, rescission of voluntary | ||
acknowledgment of paternity or denial of parentage forms and | ||
the
rescission of parentage, if applicable, to the birth record | ||
agency of the state
where the child's certificate of birth is | ||
on file.
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(9) In the event the parent-child relationship has been | ||
established in
accordance with subdivision (a)(1) of Section 6 | ||
of the Parentage Act of 1984,
the names of the biological | ||
mother and biological father so established shall
be entered on | ||
the child's birth certificate, and the names of the surrogate
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mother and surrogate mother's husband, if any, shall not be on | ||
the birth
certificate.
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(10) In the event new data elements are included in the | ||
voluntary acknowledgment of paternity form, denial of | ||
parentage form, or rescission of voluntary acknowledgment of | ||
paternity or denial of parentage form, the Department of | ||
Healthcare and Family Services, in conjunction with the | ||
Department of Public Health, shall provide instructions that | ||
have been prescribed by the Department of Healthcare and Family | ||
Services about the new data elements to the hospital personnel | ||
responsible for assisting the child's mother, biological | ||
father, or presumed father with completing the forms. | ||
(Source: P.A. 99-85, eff. 1-1-16.)
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