Paternity is the relationship between one parent and their child, and establishing paternity is necessary when parents are unmarried. In Illinois, parents who are married when a child is born are presumed to be that child’s biological parents. If parents are not married or in a civil union, they must take additional steps to legally establish the parental rights of the parent who did not give birth. A Springfield, Illinois, paternity attorney can help parents review their options.
Parental rights mean that a parent has the ability to make important decisions for their children, a responsibility to support them, and the right to request custody or visitation. There are many other benefits to establishing paternity.
Options for Establishing Paternity as Unmarried Parents in Illinois
Illinois has three options for establishing a child’s second legal and biological parent. The option that is right for you will depend on whether you and the other party agree on the child’s parentage. The options include:
1.Voluntary Acknowledgement of Paternity
A Voluntary Acknowledgement of Paternity (VAP) is a form that parents can voluntarily complete and sign at the hospital after the child’s birth. The hospital staff can help parents properly complete this form. Once it is filed with the state Department of Healthcare and Family Services (HFS), both parent’s names can be added to the birth certificate.
If parents are not certain of paternity, it is recommended that they do not sign a VAP. Instead, parents should wait to complete genetic testing to be sure.
If parents do not sign the VAP at the hospital, they can get the form from a Child Support Services office, a County Clerk’s office, a state or local Vital Records registrar’s office, or the HFS website. As long as the form is witnessed properly, it is valid.
If either parent changes their mind about signing the VAP, they can contest it within 60 days of signing it. Otherwise, you will have to file a motion to vacate, and it is harder to overturn after the 60-day deadline.
2.Administrative Paternity Order
An Administrative Paternity Order is entered by the HFS Child Support Services to establish a child’s second parent. This is often done so that the child can receive financial support from both their legal and biological parents. The parent who gave birth to the child can request help from Child Support Services if they are in need of support to raise their child. The HFS Child Support Services can order genetic testing to determine paternity.
3.Judicial Paternity Order
When paternity is disputed, it can be established through an Order of Paternity in court. The parent who gave birth to the child or the person who believes they are the parent of the child can file a petition with the court to establish paternity. In rare cases, the child can also file to establish paternity.
Once a petition is filed, the court will schedule a hearing. The petitioner must give a notice to the other parent(s) involved in the case. The court typically orders genetic testing to determine paternity. Once both legal and biological parents are determined, the court can enter a judgment of paternity and custody or support orders when relevant.
The Benefits of Establishing Paternity
There are several benefits of legally determining paternity for both parents and children. For children, there are many emotional and psychological benefits. They also receive financial support from both of their parents, including governmental benefits, and have the right to inherit from both parents. Children also have access to medical histories from both sides of their family.
Parents receive the legal rights and responsibilities of parenthood, including being able to care for their child, provide financial support, and be notified of certain court proceedings.
FAQs
Q: How Is Paternity Legally Established in Illinois?
A:Paternity can be legally established in Illinois in the following ways:
- Presumed legal paternity through marriage
- Voluntary Acknowledgment of Paternity (VAP) form
- Filing of an Administrative Paternity Order by the HFS
- An Order of Paternity is established through the court
The method chosen will largely depend on the relationship between parents and whether they agree on the paternity of a child. A VAP form is the simplest way to establish paternity when parents agree.
Q: Does the Biological Father Have Rights if He Is Not on the Birth Certificate in Illinois?
A: A biological father may have rights if he is not on the birth certificate in Illinois. Whether a father has parental rights depends on whether he, the other parent, the HFS, or the court has established paternity. Just because a father’s name is on the birth certificate does not necessarily mean their rights have been established.
A father only has legal and parental rights to a biological child if he is married to the other parent, has signed a VAP, or paternity was established another way.
Q: What Is the Presumption of Paternity in Illinois?
A: The presumption of paternity in Illinois means that the parents of the child are married when the child was born, and both parents are presumed to be the child’s biological parents. Parents are also the presumed biological parents if:
- They were in a marriage that was terminated within 300 days before the child was born
- They enter a civil union after the child is born, and both parents are listed on the child’s birth certificate
- They were in an invalid marriage, and the child was born during or within 300 days of the marriage
Q: What Is the Illinois Parentage Act?
A: The Illinois Parentage Act determines the specifics of parent and child relationships in Illinois. Under the Parentage Act, children have the legal right to have emotional, physical, and financial support from both of their parents. This obligation of support is the same regardless of the relationship between the child’s parents and whether either parent is a minor.
Legal Support While Determining Your Child’s Paternity
Some paternity cases can be very straightforward; however, they can become more complex when parents do not agree on parentage. When paternity is contested, it is beneficial to work with skilled legal support. Contact Stange Law Firm today.
