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91_HB1370
LRB9103536SMdv
1 AN ACT regarding surrogate parents.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Vital Records Act is amended by changing
5 Section 12 as follows:
6 (410 ILCS 535/12) (from Ch. 111 1/2, par. 73-12)
7 Sec. 12. Live births; place of registration.
8 (1) Each live birth which occurs in this State shall be
9 registered with the local or subregistrar of the district in
10 which the birth occurred as provided in this Section, within
11 7 days after the birth. When a birth occurs on a moving
12 conveyance, the city, village, township, or road district in
13 which the child is first removed from the conveyance shall be
14 considered the place of birth and a birth certificate shall
15 be filed in the registration district in which the place is
16 located.
17 (2) When a birth occurs in an institution, the person in
18 charge of the institution or his designated representative
19 shall obtain and record all the personal and statistical
20 particulars relative to the parents of the child that are
21 required to properly complete the live birth certificate;
22 shall secure the required personal signatures on the hospital
23 worksheet; shall prepare the certificate from this worksheet;
24 and shall file the certificate with the local registrar. The
25 institution shall retain the hospital worksheet permanently
26 or as otherwise specified by rule. The physician in
27 attendance shall verify or provide the date of birth and
28 medical information required by the certificate, within 24
29 hours after the birth occurs.
30 (3) When a birth occurs outside an institution, the
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1 certificate shall be prepared and filed by one of the
2 following in the indicated order of priority:
3 (a) The physician in attendance at or immediately
4 after the birth, or in the absence of such a person,
5 (b) Any other person in attendance at or
6 immediately after the birth, or in the absence of such a
7 person,
8 (c) The father, the mother, or in the absence of
9 the father and the inability of the mother, the person in
10 charge of the premises where the birth occurred.
11 (4) Unless otherwise provided in this Act, if the mother
12 was not married to the father of the child at either the time
13 of conception or the time of birth, the name of the father
14 shall be entered on the child's birth certificate only if the
15 mother and the person to be named as the father have signed
16 an acknowledgment of parentage in accordance with subsection
17 (5).
18 Unless otherwise provided in this Act, if the mother was
19 married at the time of conception or birth and the presumed
20 father (that is, the mother's husband) is not the biological
21 father of the child, the name of the biological father shall
22 be entered on the child's birth certificate only if, in
23 accordance with subsection (5), (i) the mother and the person
24 to be named as the father have signed an acknowledgment of
25 parentage and (ii) the mother and presumed father have signed
26 a denial of paternity.
27 (5) Upon the birth of a child to an unmarried woman, or
28 upon the birth of a child to a woman who was married at the
29 time of conception or birth and whose husband is not the
30 biological father of the child, the institution at the time
31 of birth and the local registrar or county clerk after the
32 birth shall do the following:
33 (a) Provide (i) an opportunity for the child's
34 mother and father to sign an acknowledgment of parentage
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1 and (ii) if the presumed father is not the biological
2 father, an opportunity for the mother and presumed father
3 to sign a denial of paternity. The signing and
4 witnessing of the acknowledgment of parentage or, if the
5 presumed father of the child is not the biological
6 father, the acknowledgment of parentage and denial of
7 paternity conclusively establishes a parent and child
8 relationship in accordance with Sections 5 and 6 of the
9 Illinois Parentage Act of 1984.
10 The Illinois Department of Public Aid shall furnish
11 the acknowledgment of parentage and denial of paternity
12 form to institutions, county clerks, and State and local
13 registrars' offices. The form shall include instructions
14 to send the original signed and witnessed acknowledgment
15 of parentage and denial of paternity to the Illinois
16 Department of Public Aid.
17 (b) Provide the following documents, furnished by
18 the Illinois Department of Public Aid, to the child's
19 mother, biological father, and (if the person presumed to
20 be the child's father is not the biological father)
21 presumed father for their review at the time the
22 opportunity is provided to establish a parent and child
23 relationship:
24 (i) An explanation of the implications of,
25 alternatives to, legal consequences of, and the
26 rights and responsibilities that arise from signing
27 an acknowledgment of parentage and, if necessary, a
28 denial of paternity, including an explanation of the
29 parental rights and responsibilities of child
30 support, visitation, custody, retroactive support,
31 health insurance coverage, and payment of birth
32 expenses.
33 (ii) An explanation of the benefits of having
34 a child's parentage established and the availability
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1 of parentage establishment and support enforcement
2 services.
3 (iii) A request for an application for child
4 support services from the Illinois Department of
5 Public Aid.
6 (iv) Instructions concerning the opportunity
7 to speak, either by telephone or in person, with
8 staff of the Illinois Department of Public Aid who
9 are trained to clarify information and answer
10 questions about paternity establishment.
11 (v) Instructions for completing and signing
12 the acknowledgment of parentage and denial of
13 paternity.
14 (c) Provide an oral explanation of the documents
15 and instructions set forth in subdivision (5)(b),
16 including an explanation of the implications of,
17 alternatives to, legal consequences of, and the rights
18 and responsibilities that arise from signing an
19 acknowledgment of parentage and, if necessary, a denial
20 of paternity. The oral explanation may be given in
21 person or through the use of video or audio equipment.
22 (6) The institution, State or local registrar, or county
23 clerk shall provide an opportunity for the child's father or
24 mother to sign a rescission of parentage. The signing and
25 witnessing of the rescission of parentage voids the
26 acknowledgment of parentage and nullifies the presumption of
27 paternity if executed and filed with the Illinois Department
28 of Public Aid within the time frame contained in Section 5 of
29 the Illinois Parentage Act of 1984. The Illinois Department
30 of Public Aid shall furnish the rescission of parentage form
31 to institutions, county clerks, and State and local
32 registrars' offices. The form shall include instructions to
33 send the original signed and witnessed rescission of
34 parentage to the Illinois Department of Public Aid.
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1 (7) An acknowledgment of paternity signed pursuant to
2 Section 6 of the Illinois Parentage Act of 1984 may be
3 challenged in court only on the basis of fraud, duress, or
4 material mistake of fact, with the burden of proof upon the
5 challenging party. Pending outcome of a challenge to the
6 acknowledgment of paternity, the legal responsibilities of
7 the signatories shall remain in full force and effect, except
8 upon order of the court upon a showing of good cause.
9 (8) When the process for acknowledgment of parentage as
10 provided for under subsection (5) establishes the paternity
11 of a child whose certificate of birth is on file in another
12 state, the Illinois Department of Public Aid shall forward a
13 copy of the acknowledgment of parentage, the denial of
14 paternity, if applicable, and the rescission of parentage, if
15 applicable, to the birth record agency of the state where the
16 child's certificate of birth is on file.
17 (9) In the event the parent-child relationship has been
18 established in accordance with subdivision (a)(1) of Section
19 6 of the Parentage Act of 1984, the names of the biological
20 mother and biological father so established shall be entered
21 on the child's birth certificate, and the names of the
22 surrogate mother and surrogate mother's husband, if any,
23 shall not be on the birth certificate.
24 (Source: P.A. 89-641, eff. 8-9-96; 90-18, eff. 7-1-97;
25 90-790, eff. 8-14-98.)
26 Section 10. The Illinois Parentage Act of 1984 is
27 amended by changing Section 6 as follows:
28 (750 ILCS 45/6) (from Ch. 40, par. 2506)
29 Sec. 6. Establishment of Parent and Child Relationship
30 by Consent of the Parties.
31 (a) A parent and child relationship may be established
32 voluntarily by the signing and witnessing of a voluntary
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1 acknowledgment of parentage in accordance with Section 12 of
2 the Vital Records Act or Section 10-17.7 of the Illinois
3 Public Aid Code. The voluntary acknowledgment of parentage
4 shall contain the social security numbers of the persons
5 signing the voluntary acknowledgment of parentage; however,
6 failure to include the social security numbers of the persons
7 signing a voluntary acknowledgment of parentage does not
8 invalidate the voluntary acknowledgment of parentage.
9 (1) A parent-child relationship may be established
10 in the event of surrogacy if all of the following
11 conditions are met prior to the birth of the child:
12 (A) The surrogate mother certifies that she is
13 not the biological mother of the child, and that she
14 is carrying the child of the biological father
15 (sperm donor) and of the biological mother (egg
16 donor).
17 (B) The husband, if any, of the surrogate
18 mother certifies that he is not the biological
19 father of the child and that the child is that of
20 the biological father (sperm donor) and of the
21 biological mother (egg donor).
22 (C) The biological mother certifies that she
23 donated the egg from which the child being carried
24 by the surrogate mother was conceived.
25 (D) The biological father certifies that he
26 donated the sperm from which the child being carried
27 by the surrogate mother was conceived.
28 (E) A physician licensed to practice medicine
29 in all its branches in the State of Illinois
30 certifies that the child being carried by the
31 surrogate mother is the biological child of the
32 biological mother (egg donor) and biological father
33 (sperm donor), and that neither the surrogate mother
34 nor the surrogate mother's husband, if any, is a
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1 biological parent of the child being carried by the
2 surrogate mother.
3 (F) All certifications shall be in writing and
4 witnessed by 2 competent adults who are not the
5 surrogate mother, surrogate mother's husband, if
6 any, biological mother, or biological father.
7 Certifications shall be on forms prescribed by the
8 Illinois Department of Public Health, shall be
9 executed prior to the birth of the child, and shall
10 be placed in the medical records of the surrogate
11 mother prior to the birth of the child. Copies of
12 all certifications shall be delivered to the
13 Illinois Department of Public Health prior to the
14 birth of the child.
15 (2) Unless otherwise determined by order of the
16 Circuit Court, the child shall be presumed to be the
17 child of the surrogate mother and of the surrogate
18 mother's husband, if any, if all requirements of
19 subdivision (a)(1) are not met prior to the birth of the
20 child. This presumption may be rebutted by clear and
21 convincing evidence. The circuit court may order the
22 surrogate mother, surrogate mother's husband, biological
23 mother, biological father, and child to submit to such
24 medical examinations and testing as the court deems
25 appropriate.
26 (b) Notwithstanding any other provisions of this Act,
27 paternity established in accordance with subsection (a) has
28 the full force and effect of a judgment entered under this
29 Act and serves as a basis for seeking a child support order
30 without any further proceedings to establish paternity.
31 (c) A judicial or administrative proceeding to ratify
32 paternity established in accordance with subsection (a) is
33 neither required nor permitted.
34 (d) A signed acknowledgment of paternity entered under
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1 this Act may be challenged in court only on the basis of
2 fraud, duress, or material mistake of fact, with the burden
3 of proof upon the challenging party. Pending outcome of the
4 challenge to the acknowledgment of paternity, the legal
5 responsibilities of the signatories shall remain in full
6 force and effect, except upon order of the court upon a
7 showing of good cause.
8 (e) Once a parent and child relationship is established
9 in accordance with subsection (a), an order for support may
10 be established pursuant to a petition to establish an order
11 for support by consent filed with the clerk of the circuit
12 court. A copy of the properly completed acknowledgment of
13 parentage form shall be attached to the petition. The
14 petition shall ask that the circuit court enter an order for
15 support. The petition may ask that an order for visitation,
16 custody, or guardianship be entered. The filing and
17 appearance fees provided under the Clerks of Courts Act shall
18 be waived for all cases in which an acknowledgment of
19 parentage form has been properly completed by the parties and
20 in which a petition to establish an order for support by
21 consent has been filed with the clerk of the circuit court.
22 This subsection shall not be construed to prohibit filing any
23 petition for child support, visitation, or custody under this
24 Act, the Illinois Marriage and Dissolution of Marriage Act,
25 or the Non-Support of Spouse and Children Act. This
26 subsection shall also not be construed to prevent the
27 establishment of an administrative support order in cases
28 involving persons receiving child support enforcement
29 services under Article X of the Illinois Public Aid Code.
30 (Source: P.A. 89-641, eff. 8-9-96; 90-18, eff. 7-1-97.)
31 Section 99. Effective date. This Act takes effect upon
32 becoming law.