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91_HB1370enr HB1370 Enrolled 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 HB1370 Enrolled -2- LRB9103536SMdv 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 HB1370 Enrolled -3- LRB9103536SMdv 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 HB1370 Enrolled -4- LRB9103536SMdv 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. HB1370 Enrolled -5- LRB9103536SMdv 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 HB1370 Enrolled -6- LRB9103536SMdv 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 HB1370 Enrolled -7- LRB9103536SMdv 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 HB1370 Enrolled -8- LRB9103536SMdv 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.