DADI Blog

Illinois Paternity

Posted by admin on April 27th, 2006

We all know how important it is to be a parent and step up to the responsibility that goes along with parenthood. But, many women that give birth without being married need to state who the father is, so they can receive help in raising their children. Other times, men want to prove or disprove they are in fact the father of the child in question. Just because two people are married to one another does not always mean that the husband is in fact the father of the child. There are many cases now, where the husband has found out years later that he has raised a child that was not his own. And many times, the father listed by the mother is not necessarily the biological father of the child.

Whether you are the mother wishing to prove paternity of your child or you are the alleged father wishing to disprove or prove paternity you will need to pay close attention to the law in your state as to the laws that determine paternity. You may find out, it is too late, if you are not the father, to prove that fact. And you will still have to pay child support for a child that is not yours.

The Illinois Parentage Act of 1984 states for “Presumption of Paternity”, the following must be true.
Be married to the mother at the time of conception or birth of the child
If you and the mother are married after the child is born and you are on the child’s birth certificate as the father.
If you and the mother of the child have signed an acknowledgment of paternity

If you intend on reputing the fact that you are the father, you have only 60 days after signing the acknowledgement of parentage.

The best time to state that you are not the father is as soon as possible. Many states are not up to date with their laws on paternity and fathers are finding out too late that they are in fact not the father and they are still paying child support after they learn the truth.

You can file an order with the court for blood tests and DNA testing to prove or disprove your parentage to the child. Just because a woman states who the father is on the birth certificate does not actually mean this is the truth. If you know you are the father of the child and you want your parental rights you can ask for test to be done, so you can have rights to see your child. If you do not believe you are the father, even if you are married you can also petition the court. But, you should seek legal counsel before the child is born and you name is placed on the birth certificate as the father.

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