[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
91_HB3842
LRB9111030WHcs
1 AN ACT to amend the Illinois Parentage Act of 1984 by
2 changing Section 7.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Parentage Act of 1984 is amended
6 by changing Section 7 as follows:
7 (750 ILCS 45/7) (from Ch. 40, par. 2507)
8 Sec. 7. Determination of Father and Child Relationship;
9 Who May Bring Action; Parties.
10 (a) An action to determine the existence of the father
11 and child relationship, whether or not such a relationship is
12 already presumed under Section 5 of this Act, may be brought
13 by the child; the mother; a pregnant woman; any person or
14 public agency who has custody of, or is providing or has
15 provided financial support to, the child; the Illinois
16 Department of Public Aid if it is providing or has provided
17 financial support to the child or if it is assisting with
18 child support collection services; or a man presumed or
19 alleging himself to be the father of the child or expected
20 child. The complaint shall be verified and shall name the
21 person or persons alleged to be the father of the child.
22 If a man who is not presumed to be the natural father of
23 a child under Section 5 of this Act brings an action to
24 determine the existence of the father and child relationship,
25 the court shall hold a hearing before it orders the parties
26 to submit to deoxyribonucleic acid (DNA) tests or other tests
27 to determine inherited characteristics. At the hearing, the
28 court shall determine whether it is in the best interests of
29 the child to allow the action to proceed. In determining
30 whether it is in the best interests of the child to allow the
31 action to proceed, the court shall consider the child's home
-2- LRB9111030WHcs
1 environment and established relationships, the child's
2 physical, mental, moral or emotional well-being, and any
3 other factors deemed relevant by the court. If the court
4 determines after the hearing that it is in the best interests
5 of the child to allow the action to proceed, the action shall
6 proceed. If the court determines after the hearing that it
7 is not in the best interests of the child to allow the action
8 to proceed, the court shall dismiss the action.
9 (b) An action to declare the non-existence of the parent
10 and child relationship may be brought by the child, the
11 natural mother, or a man presumed to be the father under
12 subdivision (a)(1) or (a)(2) of Section 5 of this Act.
13 Actions brought by the child, the natural mother or a
14 presumed father shall be brought by verified complaint.
15 After the presumption that a man presumed to be the
16 father under subdivision (a)(1) or (a)(2) of Section 5 has
17 been rebutted, paternity of the child by another man may be
18 determined in the same action, if he has been made a party.
19 (b-5) An action to declare the non-existence of the
20 parent and child relationship may be brought subsequent to an
21 adjudication of paternity in any judgment by the man
22 adjudicated to be the father pursuant to the presumptions in
23 Section 5 of this Act if, as a result of deoxyribonucleic
24 acid (DNA) tests, it is discovered that the man adjudicated
25 to be the father is not the natural father of the child.
26 Actions brought by the adjudicated father shall be brought by
27 verified complaint. If, as a result of the deoxyribonucleic
28 acid (DNA) tests, the plaintiff is determined not to be the
29 father of the child, the adjudication of paternity and any
30 orders regarding custody, visitation, and future payments of
31 support may be vacated.
32 (c) If any party is a minor, he or she may be
33 represented by his or her general guardian or a guardian ad
34 litem appointed by the court, which may include an
-3- LRB9111030WHcs
1 appropriate agency. The court may align the parties.
2 (d) Regardless of its terms, an agreement, other than a
3 settlement approved by the court, between an alleged or
4 presumed father and the mother or child, does not bar an
5 action under this Section.
6 (e) If an action under this Section is brought before
7 the birth of the child, all proceedings shall be stayed until
8 after the birth, except for service or process, the taking of
9 depositions to perpetuate testimony, and the ordering of
10 blood tests under appropriate circumstances.
11 (Source: P.A. 89-674, eff. 8-14-96; 90-18, eff. 7-1-97;
12 90-715, eff. 8-7-98.)