Bill Text: IL HB4447 | 2015-2016 | 99th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Illinois Parentage Act of 2015. Makes numerous changes in provisions concerning: definitions; the establishment of the parent-child relationship; presumption of parentage; proceedings to declare the non-existence of the parent-child relationship; voluntary acknowledgment; rules for acknowledgment and denial of parentage; temporary orders; injunctive relief; standing; venue; genetic testing; joinder of proceedings; men who father through sexual assault or sexual abuse; judgment; the provision of information to the State Case Registry; enforcement; modification; and the right to counsel.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2016-08-12 - Public Act . . . . . . . . . 99-0769 [HB4447 Detail]

Download: Illinois-2015-HB4447-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB4447 Introduced 1/15/2016, by Rep. Kelly Burke SYNOPSIS AS INTRODUCED:
750 ILCS 46/103
750 ILCS 46/201
750 ILCS 46/204
750 ILCS 46/205
750 ILCS 46/301
750 ILCS 46/302
750 ILCS 46/304
750 ILCS 46/501
750 ILCS 46/502
750 ILCS 46/602
750 ILCS 46/604
750 ILCS 46/610
750 ILCS 46/611
750 ILCS 46/622
750 ILCS 46/802
750 ILCS 46/803
750 ILCS 46/805
750 ILCS 46/808
750 ILCS 46/809
Amends the Illinois Parentage Act of 2015. Makes numerous changes in provisions concerning: definitions; the establishment of the parent-child relationship; presumption of parentage; proceedings to declare the non-existence of the parent-child relationship; voluntary acknowledgment; rules for acknowledgment and denial of parentage; temporary orders; injunctive relief; standing; venue; genetic testing; joinder of proceedings; men who father through sexual assault or sexual abuse; judgment; the provision of information to the State Case Registry; enforcement; modification; and the right to counsel.
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A BILL FOR
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AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Parentage Act of 2015 is amended by
changing Sections 103, 201, 204, 205, 301, 302, 304, 501, 502,
602, 604, 610, 611, 622, 802, 803, 805, 808, and 809 as
follows:
(750 ILCS 46/103)
Sec. 103. Definitions. In this Act:
(a) "Acknowledged father" means a man who has established a
father-child relationship under Article 3.
(b) "Adjudicated father" means a man who has been
adjudicated by a court of competent jurisdiction, or as
authorized under Article X of the Illinois Public Aid Code, to
be the father of a child.
(c) "Alleged father" means a man who alleges himself to be,
or is alleged to be, the biological father or a possible
biological father of a child, but whose paternity has not been
established. The term does not include:
(1) a presumed parent or acknowledged father; or
(2) a man whose parental rights have been terminated or
declared not to exist.
(d) (Reserved).

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(e) "Child" means an individual of any age whose parentage
may be established under this Act.
(f) "Combined paternity index" means the likelihood of
paternity calculated by computing the ratio between:
(1) the likelihood that the tested man is the father,
based on the genetic markers of the tested man, mother, and
child, conditioned on the hypothesis that the tested man is
the father of the child; and
(2) the likelihood that the tested man is not the
father, based on the genetic markers of the tested man,
mother, and child, conditioned on the hypothesis that the
tested man is not the father of the child and that the
father is of the same ethnic or racial group as the tested
man.
(g) "Commence" means to file the initial pleading seeking
an adjudication of parentage in the circuit court of this
State.
(h) "Determination of parentage" means the establishment
of the parent-child relationship by the signing of a voluntary
acknowledgment under Article 3 of this Act or adjudication by
the court or as authorized under Article X of the Illinois
Public Aid Code.
(i) (Reserved).
(j) "Ethnic or racial group" means, for purposes of genetic
testing, a recognized group that an individual identifies as
all or part of the individual's ancestry or that is so

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identified by other information.
(k) "Gamete" means either a sperm or an egg.
(l) "Genetic testing" means an analysis of genetic markers
to exclude or identify a man as the father or a woman as the
mother of a child as provided in Article 4 of this Act.
(l-5) "Gestational surrogacy" means the process by which a
woman attempts to carry and give birth to a child created
through in vitro fertilization in which the gestational
surrogate has no genetic connection to any resulting child.
(m) "Gestational surrogate mother" means a an adult woman
who is not an intended parent and agrees to engage in a
gestational surrogacy arrangement gives birth to a child
pursuant to the terms of a valid gestational surrogacy
arrangement under the Gestational Surrogacy Act contract.
(m-5) "Intended parent" means a person who enters into an
assisted reproductive technology arrangement, including a
gestational surrogacy arrangement, under which he or she will
be the legal parent of the resulting child.
(n) "Parent" means an individual who has established a
parent-child relationship under Section 201 of this Act.
(o) "Parent-child relationship" means the legal
relationship between a child and a parent of the child.
(p) "Presumed parent" means an individual who, by operation
of law under Section 204 of this Act, is recognized as the
parent of a child until that status is rebutted or confirmed in
a judicial or administrative proceeding.

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(q) "Probability of paternity" means the measure, for the
ethnic or racial group to which the alleged father belongs, of
the probability that the man in question is the father of the
child, compared with a random, unrelated man of the same ethnic
or racial group, expressed as a percentage incorporating the
combined paternity index and a prior probability.
(r) "Record" means information that is inscribed on a
tangible medium or that is stored in an electronic or other
medium and is retrievable in perceivable form.
(s) "Signatory" means an individual who authenticates a
record and is bound by its terms.
(t) "State" means a state of the United States, the
District of Columbia, Puerto Rico, the United States Virgin
Islands, or any territory or insular possession subject to the
jurisdiction of the United States.
(u) "Substantially similar legal relationship" means a
relationship recognized in this State under Section 60 of the
Illinois Religious Freedom Protection and Civil Union Act.
(v) "Support-enforcement agency" means a public official
or agency authorized to seek:
(1) enforcement of support orders or laws relating to
the duty of support;
(2) establishment or modification of child support;
(3) determination of parentage; or
(4) location of child-support obligors and their
income and assets.

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(Source: P.A. 99-85, eff. 1-1-16.)
(750 ILCS 46/201)
Sec. 201. Establishment of parent-child relationship.
(a) The parent-child relationship is established between a
woman and a child by:
(1) the woman having given birth to the child, except
as otherwise provided in the Gestational Surrogacy Act a
valid gestational surrogacy contract;
(2) an adjudication of the woman's parentage;
(3) adoption of the child by the woman;
(4) a valid gestational surrogacy arrangement that
complies with the contract under the Gestational Surrogacy
Act or other law; or
(5) an unrebutted presumption of the woman's parentage
of the child under Section 204 of this Act.
(b) The parent-child relationship is established between a
man and a child by:
(1) an unrebutted presumption of the man's parentage of
the child under Section 204 of this Act;
(2) an effective voluntary acknowledgment of paternity
by the man under Article 3 of this Act, unless the
acknowledgment has been rescinded or successfully
challenged;
(3) an adjudication of the man's parentage;
(4) adoption of the child by the man; or

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(5) a valid gestational surrogacy arrangement that
complies with the contract under the Gestational Surrogacy
Act or other law.
(c) Insofar as practicable, the provisions of this Act
applicable to parent-child relationships shall apply equally
to men and women as parents, including, but not limited to, the
obligation to support.
(Source: P.A. 99-85, eff. 1-1-16.)
(750 ILCS 46/204)
Sec. 204. Presumption of parentage.
(a) A person is presumed to be the parent of a child if:
(1) the person and the mother of the child have entered
into a marriage, civil union, or substantially similar
legal relationship, and the child is born to the mother
during the marriage, civil union, or substantially similar
legal relationship, except as provided in the Gestational
Surrogacy Act by a valid gestational surrogacy contract, or
other law;
(2) the person and the mother of the child were in a
marriage, civil union, or substantially similar legal
relationship and the child is born to the mother within 300
days after the marriage, civil union, or substantially
similar legal relationship is terminated by death,
declaration of invalidity of marriage, judgment for
dissolution of marriage, civil union, or substantially

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similar legal relationship, or after a judgment for legal
separation, except as provided in the Gestational
Surrogacy Act by a valid gestational surrogacy contract, or
other law;
(3) before the birth of the child, the person and the
mother of the child entered into a marriage, civil union,
or substantially similar legal relationship in apparent
compliance with law, even if the attempted marriage, civil
union, or substantially similar legal relationship is or
could be declared invalid, and the child is born during the
invalid marriage, civil union, or substantially similar
legal relationship or within 300 days after its termination
by death, declaration of invalidity of marriage, judgment
for dissolution of marriage, civil union, or substantially
similar legal relationship, or after a judgment for legal
separation, except as provided in the Gestational
Surrogacy Act by a valid gestational surrogacy contract, or
other law; or
(4) after the child's birth, the person and the child's
mother have entered into a marriage, civil union, or
substantially similar legal relationship, even if the
marriage, civil union, or substantially similar legal
relationship is or could be declared invalid, and the
person is named, with the person's written consent, as the
child's parent on the child's birth certificate.
(b) If 2 or more conflicting presumptions arise under this

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Section, the presumption which on the facts is founded on the
weightier considerations of policy and logic, especially the
policy of promoting the child's best interests, controls.
(Source: P.A. 99-85, eff. 1-1-16.)
(750 ILCS 46/205)
Sec. 205. Proceedings to declare the non-existence of the
parent-child relationship.
(a) An action to declare the non-existence of the
parent-child relationship may be brought by the child, the
birth mother, or a person presumed to be a parent under Section
204 of this Act. Actions brought by the child, the birth
mother, or a presumed parent shall be brought by verified
complaint, which shall be designated a petition. After a
presumption under Section 204 of this Act has been rebutted,
parentage of the child by another man or woman may be
established in the same action, if he or she has been made a
party.
(b) An action to declare the non-existence of the
parent-child relationship brought under subsection (a) of this
Section shall be barred if brought later than 2 years after the
petitioner knew or should have known of the relevant facts. The
2-year period for bringing an action to declare the
non-existence of the parent-child relationship shall not
extend beyond the date on which the child reaches the age of 18
years. Failure to bring an action within 2 years shall not bar

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any party from asserting a defense in any action to declare the
existence of the parent-child relationship.
(c) An action to declare the non-existence of the
parent-child relationship may be brought subsequent to an
adjudication of parentage in any judgment by the man
adjudicated to be the parent pursuant to a presumption in
paragraphs (a)(1) through (a)(4) of Section 204 if, as a result
of deoxyribonucleic acid (DNA) testing, it is discovered that
the man adjudicated to be the parent is not the father of the
child. Actions brought by the adjudicated father shall be
brought by verified petition. If, as a result of the
deoxyribonucleic acid (DNA) testing that is admissible under
Section 614 of this Act, the petitioner is determined not to be
the father of the child, the adjudication of paternity and any
orders regarding the allocation of parental responsibilities
custody, parenting time, and future payments of support may be
vacated.
(d) An action to declare the non-existence of the
parent-child relationship brought under subsection (c) of this
Section shall be barred if brought more than 2 years after the
petitioner obtains actual knowledge of relevant facts. The
2-year period shall not apply to periods of time where the
birth mother or the child refuses to submit to deoxyribonucleic
acid (DNA) testing. The 2-year period for bringing an action to
declare the non-existence of the parent-child relationship
shall not extend beyond the date on which the child reaches the

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age of 18 years.
(Source: P.A. 99-85, eff. 1-1-16.)
(750 ILCS 46/301)
Sec. 301. Voluntary acknowledgment. A parent-child
relationship may be established voluntarily by the signing and
witnessing of a voluntary acknowledgment in accordance with
Section 12 of the Vital Records Act and Section 10-17.7 of the
Illinois Public Aid Code. The voluntary acknowledgment shall
contain the last four digits of the social security numbers or
tax identification numbers of the persons signing the voluntary
acknowledgment; however, failure to include the social
security numbers of the persons signing a voluntary
acknowledgment does not invalidate the voluntary
acknowledgment.
(Source: P.A. 99-85, eff. 1-1-16.)
(750 ILCS 46/302)
Sec. 302. Execution of voluntary acknowledgment.
(a) A voluntary acknowledgment described in Section 301 of
this Act must:
(1) be in a record;
(2) be signed, or otherwise authenticated, under
penalty of perjury by the mother and by the man seeking to
establish his parentage;
(3) state that the child whose parentage is being

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acknowledged:
(A) does not have a presumed parent, or has a
presumed parent whose full name is stated; and
(B) does not have another acknowledged or
adjudicated parent;
(4) be witnessed; and
(5) state that the signatories understand that the
acknowledgment is the equivalent of a judicial
adjudication of parentage of the child and that a challenge
to the acknowledgment may be is permitted only under
limited circumstances that must include a showing of fraud,
duress, or material mistake of fact and is barred after 2
years.
(b) An acknowledgment is void if it:
(1) states that another person is a presumed parent,
unless a denial signed or otherwise authenticated by the
presumed parent is filed with the Department of Healthcare
and Family Services, as provided by law;
(2) states that another person is an acknowledged or
adjudicated parent; or
(3) falsely denies the existence of a presumed,
acknowledged, or adjudicated parent of the child.
(c) A presumed father may sign or otherwise authenticate an
acknowledgment.
(Source: P.A. 99-85, eff. 1-1-16.)

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(750 ILCS 46/304)
Sec. 304. Rules for acknowledgment and denial of parentage.
(a) An acknowledgment as described in Section 301 of this
Act and a denial may be contained in a single document or may
be signed in counterparts, and may be filed separately or
simultaneously. If the acknowledgment and denial are both
necessary, neither is valid until both are filed.
(b) An acknowledgment or a denial may be signed before the
birth of the child.
(c) Subject to subsection (a), an acknowledgment or denial
takes effect on the birth of the child or the filing of the
document with the Department of Healthcare and Family Services,
as provided by law, whichever occurs later.
(d) An acknowledgment or denial signed by a minor is valid
if it is otherwise in compliance with this Act.
(Source: P.A. 99-85, eff. 1-1-16.)
(750 ILCS 46/501)
Sec. 501. Temporary orders.
(a) On a motion by a party and a showing of clear and
convincing evidence of parentage, the court shall issue a
temporary order for support of a child if the order is
appropriate and the individual ordered to pay support is:
(1) a presumed parent of the child;
(2) petitioning to have parentage adjudicated;
(3) identified as the father through genetic testing

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under Article 4 of this Act;
(4) an alleged father who has declined to submit to
genetic testing;
(5) shown by clear and convincing evidence to be the
child's father;
(6) the mother of the child; or
(7) anyone else determined to be the child's parent.
In determining the amount of a temporary child support
award, the court shall use the guidelines and standards set
forth in Sections 505 and 505.2 of the Illinois Marriage and
Dissolution of Marriage Act.
(b) A temporary order may include provisions for the
allocation of parental responsibilities custody and parenting
time as provided by the Illinois Marriage and Dissolution of
Marriage Act. A temporary order may, in accordance with the
provisions of subsection (a) of Section 508 of the Illinois
Marriage and Dissolution of Marriage Act that relate to
proceedings other than pre-judgment dissolution proceedings,
include an award for interim attorney's fees and costs.
(c) Temporary orders issued under this Section shall not
have prejudicial effect with respect to final child support,
the allocation of parental responsibilities custody, or
parenting time orders.
(Source: P.A. 99-85, eff. 1-1-16.)
(750 ILCS 46/502)

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Sec. 502. Injunctive relief.
(a) In any action brought under this Act for the initial
determination of parentage, the allocation of parental
responsibilities custody or parenting time of a child, or for
modification of a prior allocation order or judgment custody or
parenting time order, the court, upon application of a party,
may enjoin a party having physical possession or an allocation
order or judgment custody of a child from temporarily
relocating removing the child from this State pending the
adjudication of the issues of parentage, the allocation of
parental responsibilities custody, and parenting time. When
deciding whether to enjoin relocation removal of a child, or to
order a party to return the child to this State, the court
shall consider factors including, but not limited to:
(1) the extent of previous involvement with the child
by the party seeking to enjoin relocation removal or to
have the absent party return the child to this State;
(2) the likelihood that parentage will be established;
and
(3) the impact on the financial, physical, and
emotional health of the party being enjoined from
relocating removing the child or the party being ordered to
return the child to this State.
(b) A temporary restraining order or preliminary
injunction under this Act shall be governed by the relevant
provisions of Part 1 of Article XI of the Code of Civil

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Procedure.
(c) Notwithstanding the provisions of subsection (a) of
this Section, the court may decline to enjoin a domestic
violence victim having physical possession or an allocation
order or judgment custody of a child from temporarily or
permanently relocating removing the child from this State
pending an allocation of parental responsibilities the
adjudication of issues of custody or an adjudication of
parenting time. In determining whether a person is a domestic
violence victim, the court shall consider the following
factors:
(1) a sworn statement by the person that the person has
good reason to believe that he or she is the victim of
domestic violence or stalking;
(2) a sworn statement that the person fears for his or
her safety or the safety of his or her children;
(3) evidence from police, court, or other government
agency records or files;
(4) documentation from a domestic violence program if
the person is alleged to be a victim of domestic violence;
(5) documentation from a legal, clerical, medical, or
other professional from whom the person has sought
assistance in dealing with the alleged domestic violence;
and
(6) any other evidence that supports the sworn
statements, such as a statement from any other individual

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with knowledge of the circumstances that provides the basis
for the claim, or physical evidence of the domestic
violence.
(Source: P.A. 99-85, eff. 1-1-16.)
(750 ILCS 46/602)
Sec. 602. Standing. A complaint to adjudicate parentage
shall be verified, shall be designated a petition, and shall
name the person or persons alleged to be the parent of the
child. Subject to Article 3 and Sections 607, 608, and 609 of
this Act, a proceeding to adjudicate parentage may be
maintained by:
(a) the child;
(b) the mother of the child;
(c) a pregnant woman;
(d) a man presumed or alleging himself to be the parent
of the child;
(e) a woman presumed or alleging herself to be the
parent of the child;
(f) the support-enforcement agency or other
governmental agency authorized by other law;
(g) any person or public agency that has been awarded
physical possession of or the allocation of parental
responsibilities for custody of, is providing financial
support to, or has provided financial support to the child;
(h) the Department of Healthcare and Family Services if

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it is providing, or has provided, financial support to the
child or if it is assisting with child support collections
services;
(i) an authorized adoption agency or licensed
child-placing agency;
(j) a representative authorized by law to act for an
individual who would otherwise be entitled to maintain a
proceeding but who is deceased, incapacitated, or a minor;
or
(k) an intended parent pursuant to the terms of a valid
gestational surrogacy contract.
(Source: P.A. 99-85, eff. 1-1-16.)
(750 ILCS 46/604)
Sec. 604. Venue.
(a) Venue for a proceeding to adjudicate parentage is any
county of this State in which a party resides, or if the
presumed or alleged father is deceased, in which a proceeding
for probate or administration of the presumed or alleged
father's estate has been commenced, or could be commenced.
(b) A child custody proceeding for the allocation of
parental responsibilities is commenced in the county where the
child resides.
(Source: P.A. 99-85, eff. 1-1-16.)
(750 ILCS 46/610)

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Sec. 610. Authority to deny motion for genetic testing.
(a) In a proceeding in which to adjudicate the parentage of
a child having a presumed, acknowledged, or adjudicated parent
is at issue, the court may deny a motion by a parent, presumed
parent, acknowledged parent, adjudicated parent, or alleged
parent, or child representative seeking an order for genetic
testing of the parents and child if the court determines that:
(1) the conduct of the parent, acknowledged parent,
adjudicated parent, or the presumed parent estops that
party from denying parentage;
(2) it would be inequitable to disprove the
parent-child relationship between the child and the
presumed, acknowledged, or adjudicated parent; and
(3) it is in the child's best interests to deny genetic
testing, taking into account the following factors:
(A) the length of time between the current
proceeding to adjudicate parentage and the time that
the presumed, acknowledged, or adjudicated parent was
placed on notice that he or she might not be the
biological parent;
(B) the length of time during which the presumed,
acknowledged, or adjudicated parent has assumed the
role of parent of the child;
(C) the facts surrounding the presumed,
acknowledged, or adjudicated parent's discovery of his
or her possible nonparentage;

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(D) the nature of the relationship between the
child and the presumed, acknowledged, or adjudicated
parent;
(E) the age of the child;
(F) the harm that may result to the child if the
presumed, acknowledged, or adjudicated parentage is
successfully disproved;
(G) the nature of the relationship between the
child and any alleged parent;
(H) the extent to which the passage of time reduces
the chances of establishing the parentage of another
person and a child support obligation in favor of the
child;
(I) other factors that may affect the equities
arising from the disruption of the parent-child
relationship between the child and the presumed,
acknowledged, or adjudicated parent or the chance of
other harm to the child; and
(J) any other factors the court determines to be
equitable.
(b) In a proceeding involving the application of this
Section, a minor or incapacitated child must be represented by
a guardian ad litem, child's representative, or attorney for
the child.
(c) If the court denies a motion seeking an order for
genetic testing, it shall issue an order adjudicating the

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presumed parent to be the parent of the child.
(Source: P.A. 99-85, eff. 1-1-16.)
(750 ILCS 46/611)
Sec. 611. Joinder of proceedings.
(a) Except as otherwise provided in subsection (b), a
proceeding to adjudicate parentage may be joined with a
proceeding for adoption, termination of parental rights, the
allocation of parental responsibilities child custody or
parenting time, child support, dissolution of marriage or civil
union, declaration of invalidity of marriage or civil union,
legal separation, probate or administration of an estate, or
other appropriate proceeding.
(b) A respondent may not join a proceeding described in
subsection (a) with a proceeding to adjudicate parentage
brought under the Uniform Interstate Family Support Act.
(Source: P.A. 99-85, eff. 1-1-16.)
(750 ILCS 46/622)
Sec. 622. Allocation of parental responsibilities or
parenting time Custody or visitation prohibited to men who
father through sexual assault or sexual abuse.
(a) This Section applies to a person who has been found to
be the father of a child under this Act and who:
(1) has been convicted of or who has pled guilty or
nolo contendere to a violation of Section 11-1.20 (criminal

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sexual assault), Section 11-1.30 (aggravated criminal
sexual assault), Section 11-1.40 (predatory criminal
sexual assault of a child), Section 11-1.50 (criminal
sexual abuse), Section 11-1.60 (aggravated criminal sexual
abuse), Section 11-11 (sexual relations within families),
Section 12-13 (criminal sexual assault), Section 12-14
(aggravated criminal sexual assault), Section 12-14.1
(predatory criminal sexual assault of a child), Section
12-15 (criminal sexual abuse), or Section 12-16
(aggravated criminal sexual abuse) of the Criminal Code of
1961 or the Criminal Code of 2012, or a similar statute in
another jurisdiction, for his conduct in fathering that
child; or
(2) at a fact-finding hearing, is found by clear and
convincing evidence to have committed an act of
non-consensual sexual penetration for his conduct in
fathering that child.
(b) A person described in subsection (a) shall not be
entitled to an allocation of any parental responsibilities
custody of or parenting time visitation with that child without
the consent of the child's mother or guardian. If the person
described in subsection (a) is also the guardian of the child,
he does not have the authority to consent to parenting time
visitation or the allocation of parental responsibilities
custody under this Section. If the mother of the child is a
minor, and the person described in subsection (a) is also the

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father or guardian of the mother, then he does not have the
authority to consent to the allocation of parental
responsibilities or parenting time custody or visits.
(c) Notwithstanding any other provision of this Act,
nothing in this Section shall be construed to relieve the
father described in subsection (a) of any support and
maintenance obligations to the child under this Act. The
child's mother or guardian may decline support and maintenance
obligations from the father.
(d) Notwithstanding any other provision of law, the father
described in subsection (a) of this Section is not entitled to
any inheritance or other rights from the child without the
consent of the child's mother or guardian.
(e) Notwithstanding any provision of the Illinois Marriage
and Dissolution of Marriage Act, the parent, grandparent,
great-grandparent, or sibling of the person described in
subsection (a) of this Section does not have standing to bring
an action requesting the allocation of parental
responsibilities custody or parenting time visitation with the
child without the consent of the child's mother or guardian.
(f) A petition under this Section may be filed by the
child's mother or guardian either as an affirmative petition in
circuit court or as an affirmative defense in any proceeding
filed by the person described in subsection (a) of this Section
regarding the child.
(Source: P.A. 99-85, eff. 1-1-16.)

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(750 ILCS 46/802)
Sec. 802. Judgment.
(a) The court shall issue an order adjudicating whether a
person alleged or claiming to be the parent is the parent of
the child. An order adjudicating parentage must identify the
child by name initials and date year of birth.
The court may assess filing fees, reasonable attorney's
fees, fees for genetic testing, other costs, necessary travel
expenses, and other reasonable expenses incurred in a
proceeding under this Act. The court may award attorney's fees,
which may be paid directly to the attorney, who may enforce the
order in the attorney's own name. The court may not assess
fees, costs, or expenses against the support-enforcement
agency of this State or another state, except as provided by
other law.
The judgment shall contain or explicitly reserve
provisions concerning any duty and amount of child support and
may contain provisions concerning the allocation of parental
responsibilities or custody and guardianship of the child,
parenting time privileges with the child, and the furnishing of
bond or other security for the payment of the judgment, which
the court shall determine in accordance with the relevant
factors set forth in the Illinois Marriage and Dissolution of
Marriage Act and any other applicable law of this State, to
guide the court in a finding in the best interests of the

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child. In determining the allocation of parental
responsibilities, relocation custody, joint custody, removal,
parenting time, parenting time interference, support for a
non-minor disabled child, educational expenses for a non-minor
child, and related post-judgment issues, the court shall apply
the relevant standards of the Illinois Marriage and Dissolution
of Marriage Act. Specifically, in determining the amount of a
child support award, the court shall use the guidelines and
standards set forth in subsection (a) of Section 505 and in
Section 505.2 of the Illinois Marriage and Dissolution of
Marriage Act. The court shall order all child support payments,
determined in accordance with such guidelines, to commence with
the date summons is served. The level of current periodic
support payments shall not be reduced because of payments set
for the period prior to the date of entry of the support order.
(b) In an action brought within 2 years after a child's
birth, the judgment or order may direct either parent to pay
the reasonable expenses incurred by either parent or the
Department of Healthcare and Family Services related to the
mother's pregnancy and the delivery of the child.
(c) If a judgment of parentage contains no explicit
allocation of parental responsibilities award of custody, the
establishment of a child support obligation or the granting of
parenting time to rights in one parent shall be considered a
judgment allocating all parental responsibilities granting
custody to the other parent. If the parentage judgment contains

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no such provisions, all parental responsibilities custody
shall be presumed to be allocated to with the mother; however,
the presumption shall not apply if the father has had physical
possession of the child custody for at least 6 months prior to
the date that the mother seeks to enforce the judgment of
parentage custodial rights.
(d) The court, if necessary to protect and promote the best
interests of the child, may set aside a portion of the
separately held estates of the parties in a separate fund or
trust for the support, education, physical and mental health,
and general welfare of a minor or mentally or physically
disabled child of the parties.
(e) The court may order child support payments to be made
for a period prior to the commencement of the action. In
determining whether and to what extent the payments shall be
made for the prior period, the court shall consider all
relevant facts, including but not limited to:
(1) The factors for determining the amount of support
specified in the Illinois Marriage and Dissolution of
Marriage Act.
(2) The father's prior knowledge of the fact and
circumstances of the child's birth.
(3) The father's prior willingness or refusal to help
raise or support the child.
(4) The extent to which the mother or the public agency
bringing the action previously informed the father of the

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child's needs or attempted to seek or require his help in
raising or supporting the child.
(5) The reasons the mother or the public agency did not
file the action earlier.
(6) The extent to which the father would be prejudiced
by the delay in bringing the action.
For purposes of determining the amount of child support to
be paid for the period before the date the order for current
child support is entered, there is a rebuttable presumption
that the father's net income for the prior period was the same
as his net income at the time the order for current child
support is entered.
If (i) the non-custodial parent was properly served with a
request for discovery of financial information relating to the
non-custodial parent's ability to provide child support; (ii)
the non-custodial parent failed to comply with the request,
despite having been ordered to do so by the court; and (iii)
the non-custodial parent is not present at the hearing to
determine support despite having received proper notice, then
any relevant financial information concerning the
non-custodial parent's ability to provide child support that
was obtained pursuant to subpoena and proper notice shall be
admitted into evidence without the need to establish any
further foundation for its admission.
(f) A new or existing support order entered by the court
under this Section shall be deemed to be a series of judgments

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against the person obligated to pay support thereunder, each
judgment to be in the amount of each payment or installment of
support and each judgment to be deemed entered as of the date
the corresponding payment or installment becomes due under the
terms of the support order. Each judgment shall have the full
force, effect, and attributes of any other judgment of this
State, including the ability to be enforced. A judgment under
this Section is subject to modification or termination only in
accordance with Section 510 of the Illinois Marriage and
Dissolution of Marriage Act. Notwithstanding any State or local
law to the contrary, a lien arises by operation of law against
the real and personal property of the noncustodial parent for
each installment of overdue support owed by the noncustodial
parent.
(g) If the judgment or order of the court is at variance
with the child's birth certificate, the court shall order that
a new birth certificate be issued under the Vital Records Act.
(h) On the request of both parents, the court shall order a
change in the child's name.
(i) After hearing evidence, the court may stay payment of
support during the period of the father's minority or period of
disability.
(j) If, upon a showing of proper service, the father fails
to appear in court or otherwise appear as provided by law, the
court may proceed to hear the cause upon testimony of the
mother or other parties taken in open court and shall enter a

HB4447 - 28 - LRB099 16017 HEP 40831 b
judgment by default. The court may reserve any order as to the
amount of child support until the father has received notice,
by regular mail, of a hearing on the matter.
(k) An order for support, when entered or modified, shall
include a provision requiring the non-custodial parent to
notify the court and, in cases in which a party is receiving
child support enforcement services under Article X of the
Illinois Public Aid Code, the Department of Healthcare and
Family Services, within 7 days: (i) of the name and address of
any new employer of the non-custodial parent; (ii) whether the
non-custodial parent has access to health insurance coverage
through the employer or other group coverage and, if so, of the
policy name and number and the names of adults and initials of
minors covered under the policy; and (iii) of any new
residential or mailing address or telephone number of the
non-custodial parent. In a subsequent action to enforce a
support order, upon a sufficient showing that a diligent effort
has been made to ascertain the location of the non-custodial
parent, service of process or provision of notice necessary in
the case may be made at the last known address of the
non-custodial parent in any manner expressly provided by this
Act or the Code of Civil Procedure, and shall be sufficient for
purposes of due process.
(l) An order for support shall include a date on which the
current support obligation terminates. The termination date
shall be no earlier than the date on which the child covered by

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the order will attain the age of 18. However, if the child will
not graduate from high school until after attaining the age of
18, then the termination date shall be no earlier than the
earlier of the date on which the child's high school graduation
will occur or the date on which the child will attain the age
of 19. The order for support shall state that the termination
date does not apply to any arrearage that may remain unpaid on
that date. Nothing in this subsection shall be construed to
prevent the court from modifying the order or terminating the
order in the event the child is otherwise emancipated.
(m) If there is an unpaid arrearage or delinquency (as
those terms are defined in the Income Withholding for Support
Act) equal to at least one month's support obligation on the
termination date stated in the order for support or, if there
is no termination date stated in the order, on the date the
child attains the age of majority or is otherwise emancipated,
the periodic amount required to be paid for current support of
that child immediately prior to that date shall automatically
continue to be an obligation, not as current support but as
periodic payment toward satisfaction of the unpaid arrearage or
delinquency. The periodic payment shall be in addition to any
periodic payment previously required for satisfaction of the
arrearage or delinquency. The total periodic amount to be paid
toward satisfaction of the arrearage or delinquency may be
enforced and collected by any method provided by law for
enforcement and collection of child support, including but not

HB4447 - 30 - LRB099 16017 HEP 40831 b
limited to income withholding under the Income Withholding for
Support Act. Each order for support entered or modified must
contain a statement notifying the parties of the requirements
of this subsection. Failure to include the statement in the
order for support does not affect the validity of the order or
the operation of the provisions of this subsection with regard
to the order. This subsection shall not be construed to prevent
or affect the establishment or modification of an order for
support of a minor child or the establishment or modification
of an order for support of a non-minor child or educational
expenses under Section 513 of the Illinois Marriage and
Dissolution of Marriage Act.
(n) An order entered under this Section shall include a
provision requiring the obligor to report to the obligee and to
the clerk of court within 7 days each time the obligor obtains
new employment, and each time the obligor's employment is
terminated for any reason. The report shall be in writing and
shall, in the case of new employment, include the name and
address of the new employer. Failure to report new employment
or the termination of current employment, if coupled with
nonpayment of support for a period in excess of 60 days, is
indirect criminal contempt. For an obligor arrested for failure
to report new employment, bond shall be set in the amount of
the child support that should have been paid during the period
of unreported employment. An order entered under this Section
shall also include a provision requiring the obligor and

HB4447 - 31 - LRB099 16017 HEP 40831 b
obligee parents to advise each other of a change in residence
within 5 days of the change except when the court finds that
the physical, mental, or emotional health of a party or that of
a minor child, or both, would be seriously endangered by
disclosure of the party's address.
(Source: P.A. 99-85, eff. 1-1-16.)
(750 ILCS 46/803)
Sec. 803. Information to State Case Registry.
(a) In this Section:
"Order for support", "obligor", "obligee", and "business
day" are defined as set forth in the Income Withholding for
Support Act.
"State Case Registry" means the State Case Registry
established under Section 10-27 of the Illinois Public Aid
Code.
(b) Each order for support entered or modified by the
circuit court under this Act shall require that the obligor and
obligee file with the clerk of the circuit court (i) the
information required by this Section (and any other information
required under Title IV, Part D of the Social Security Act or
by the federal Department of Health and Human Services) at the
time of entry or modification of the order for support; and
(ii) updated information within 5 business days of any change.
Failure of the obligor or obligee to file or update the
required information shall be punishable as in cases of

HB4447 - 32 - LRB099 16017 HEP 40831 b
contempt. The failure shall not prevent the court from entering
or modifying the order for support, however.
(c) The obligor shall file the following information: the
obligor's name, date year of birth, mailing address, and the
last 4 digits of the obligor's social security number or tax
identification number. If either the obligor or the obligee
receives child support enforcement services from the
Department of Healthcare and Family Services under Article X of
the Illinois Public Aid Code, the obligor shall also file the
following information: the obligor's telephone number, the
last 4 digits of the obligor's driver's license number,
residential address (if different from the obligor's mailing
address), and the name, address, and telephone number of the
obligor's employer or employers.
(d) The obligee shall file the following information:
(1) The name of the obligee and the name initials of
the child or children covered by the order for support.
(2) The dates years of birth of the obligee and the
child or children covered by the order for support.
(3) The last 4 digits of the social security numbers or
tax identification numbers of the obligee and the child or
children covered by the order for support.
(4) The obligee's mailing address.
(e) In cases in which the obligee receives child support
enforcement services from the Department of Healthcare and
Family Services under Article X of the Illinois Public Aid

HB4447 - 33 - LRB099 16017 HEP 40831 b
Code, the order for support shall (i) require that the obligee
file the information required under subsection (d) with the
Department of Healthcare and Family Services for inclusion in
the State Case Registry, rather than file the information with
the clerk, and (ii) require that the obligee include the
following additional information:
(1) The obligee's telephone and the last 4 digits of
the obligee's driver's license number.
(2) The obligee's residential address, if different
from the obligee's mailing address.
(3) The name, address, and telephone number of the
obligee's employer or employers.
The order for support shall also require that the obligee
update the information filed with the Department of Healthcare
and Family Services within 5 business days of any change.
(f) The clerk of the circuit court shall provide the
information filed under this Section, together with the court
docket number and county in which the order for support was
entered, to the State Case Registry within 5 business days
after receipt of the information.
(g) In a case in which a party is receiving child support
enforcement services under Article X of the Illinois Public Aid
Code, the clerk of the circuit court shall provide the
following additional information to the State Case Registry
within 5 business days after entry or modification of an order
for support or request from the Department of Healthcare and

HB4447 - 34 - LRB099 16017 HEP 40831 b
Family Services:
(1) the amount of monthly or other periodic support
owed under the order for support and other amounts,
including arrearage, interest, or late payment penalties
and fees, due or overdue under the order; and
(2) any amounts that have been received by the clerk,
and the distribution of those amounts by the clerk.
(h) Information filed by the obligor and obligee under this
Section that is not specifically required to be included in the
body of an order for support under other laws is not a public
record and shall be treated as confidential and subject to
disclosure only in accordance with the provisions of this
Section, Section 10-27 of the Illinois Public Aid Code, and
Title IV, Part D of the Social Security Act.
(Source: P.A. 99-85, eff. 1-1-16.)
(750 ILCS 46/805)
Sec. 805. Enforcement of judgment or order.
(a) If the existence of the parent-child relationship is
declared, or if parentage or a duty of support has been
established under this Act or under prior law or under the law
of any other jurisdiction, the judgment rendered thereunder may
be enforced in the same or in other proceedings by any party or
any person or agency that has furnished or may furnish
financial assistance or services to the child. The Income
Withholding for Support Act and Sections 802 and 808 of this

HB4447 - 35 - LRB099 16017 HEP 40831 b
Act shall also be applicable with respect to the entry,
modification, and enforcement of a support judgment entered
under the Paternity Act, approved July 5, 1957 and repealed
July 1, 1985.
(b) Failure to comply with an order of the court shall be
punishable as contempt as in other cases of failure to comply
under the Illinois Marriage and Dissolution of Marriage Act. In
addition to other penalties provided by law, the court may,
after finding the party guilty of contempt, take the following
action:
(1) Order that the party be placed on probation with
such conditions of probation as the court deems advisable.
(2) Order that the party be sentenced to periodic
imprisonment for a period not to exceed 6 months. However,
the court may permit the party to be released for periods
of time during the day or night to work, conduct business,
or engage in other self-employed occupation. The court may
further order any part of all the earnings of a party
during a sentence of periodic imprisonment to be paid to
the clerk of the circuit court or to the person or parent
having physical possession of or having been allocated
parental responsibilities for custody of the minor child
for the support of the child until further order of the
court.
(3) Pierce the ownership veil of a person, persons, or
business entity to discover assets of a non-custodial

HB4447 - 36 - LRB099 16017 HEP 40831 b
parent held in the name of that person, those persons, or
that business entity, if there is a unity of interest and
ownership sufficient to render no financial separation
between the non-custodial parent and that person, those
persons, or the business entity. The following
circumstances are sufficient for a court to order discovery
of the assets of a person, persons, or business entity and
to compel the application of any discovered assets toward
payment of the judgment for support:
(A) the non-custodial parent and the person,
persons, or business entity maintain records together.
(B) the non-custodial parent and the person,
persons, or business entity fail to maintain an
arm's-length relationship between themselves with
regard to any assets.
(C) the non-custodial parent transfers assets to
the person, persons, or business entity with the intent
to perpetrate a fraud on the custodial parent. With
respect to assets which are real property, no order
entered under this subdivision (3) shall affect the
rights of bona fide purchasers, mortgagees, judgment
creditors, or other lien holders who acquire their
interests in the property prior to the time a notice of
lis pendens under the Code of Civil Procedure or a copy
of the order is placed of record in the office of the
recorder of deeds for the county in which the real

HB4447 - 37 - LRB099 16017 HEP 40831 b
property is located.
(4) Order that, in cases where the party is 90 days or
more delinquent in payment of support or has been
adjudicated in arrears in an amount equal to 90 days
obligation or more, the party's Illinois driving
privileges be suspended until the court determines that the
party is in compliance with the judgment or duty of
support. The court may also order that the parent be issued
a family financial responsibility driving permit that
would allow limited driving privileges for employment and
medical purposes in accordance with Section 7-702.1 of the
Illinois Vehicle Code. The clerk of the circuit court shall
certify the order suspending the driving privileges of the
parent or granting the issuance of a family financial
responsibility driving permit to the Secretary of State on
forms prescribed by the Secretary. Upon receipt of the
authenticated documents, the Secretary of State shall
suspend the party's driving privileges until further order
of the court and shall, if ordered by the court and subject
to the provisions of Section 7-702.1 of the Illinois
Vehicle Code, issue a family financial responsibility
driving permit to the parent.
In addition to the penalties or punishment that may be
imposed under this Section, a person whose conduct constitutes
a violation of Section 15 of the Non-Support Punishment Act may
be prosecuted under that Act, and a person convicted under that

HB4447 - 38 - LRB099 16017 HEP 40831 b
Act may be sentenced in accordance with that Act. The sentence
may include, but need not be limited to, a requirement that the
person perform community service under Section 50 of that Act
or participate in a work alternative program under Section 50
of that Act. A person may not be required to participate in a
work alternative program under Section 50 of the Non-Support
Punishment Act if the person is currently participating in a
work program under Section 806 of this Act.
(c) In a post-judgment proceeding to enforce or modify the
judgment, the parties shall continue to be designated as in the
original proceeding.
(Source: P.A. 99-85, eff. 1-1-16.)
(750 ILCS 46/808)
Sec. 808. Modification of judgment. The court has
continuing jurisdiction to modify an order for child support,
allocation of parental responsibilities custody, parenting
time, or relocation removal included in a judgment entered
under this Act. Any allocation of parental responsibilities
custody, parenting time, or relocation removal judgment
modification shall be in accordance with the relevant factors
specified in the Illinois Marriage and Dissolution of Marriage
Act. Any support judgment is subject to modification or
termination only in accordance with Section 510 of the Illinois
Marriage and Dissolution of Marriage Act.
(Source: P.A. 99-85, eff. 1-1-16.)

HB4447 - 39 - LRB099 16017 HEP 40831 b
(750 ILCS 46/809)
Sec. 809. Right to counsel.
(a) Any party may be represented by counsel at all
proceedings under this Act. Except as otherwise provided in
this Act, the court may order, in accordance with the relevant
factors specified in Section 508 of the Illinois Marriage and
Dissolution of Marriage Act, reasonable fees of counsel,
experts, and other costs of the action, pre-trial proceedings,
post-judgment proceedings to enforce or modify the judgment,
and the appeal or the defense of an appeal of the judgment to
be paid by the parties. The court may not order payment by the
Department of Healthcare and Family Services in cases in which
the Department is providing child support enforcement services
under Article X of the Illinois Public Aid Code.
(b) In any proceedings involving the support, allocation of
parental responsibilities custody, parenting time, education,
parentage, property interest, relocation, or general welfare
of a minor or dependent child, the court may, on its own motion
or that of any party, appoint an attorney to serve in one of
the capacities specified in Section 506 of the Illinois
Marriage and Dissolution of Marriage Act.
(Source: P.A. 99-85, eff. 1-1-16.)