Who Is Entitled to File a Paternity Suit in Illinois?

A paternity suit to establish parentage can be filed by a number of parties, including: The mother The child Anyone claiming to be the child’s father Any person or agency with custody of a child; or Any person or agency providing financial assistance to a child. However, cases to declare the non-existence of a father-child relationship may only be filed by the mother, the presumed father, or the child.

Rockford Paternity Lawyer and Illinois Parentage Attorney

When a child is born to an unmarried couple, Illinois law provides three means of establishing paternity: (1) both parents can sign a Voluntary Acknowledgement of Paternity (VAP) form; (2) the individuals can attend a hearing with the Healthcare and Family Services (HFS) Child Support Services; or (3) A judge may render a decision through an order of paternity.[1]

[1] 750 ILCS 45/1, et seq.

A paternity suit to establish parentage can be filed by a number of parties, including:

The mother
The child
Anyone claiming to be the child’s father
Any person or agency with custody of a child; or
Any person or agency providing financial assistance to a child.

However, cases to declare the non-existence of a father-child relationship may only be filed by the mother, the presumed father, or the child.

In Illinois, qualifying individuals have until a child turns twenty years old to file a paternity suit to establish the existence of a parent-child connection. Action to dispute or disprove the existence of a father-child relationship must be filed within two years after the father is made aware that the child is not biologically related.

If you need assistance pursuing a paternity determination or declaring the non-existence of a parent-child relationship, I invite you to call my office to schedule a free consultation. I can discuss the facts of your case, explain your legal options, and monitor critical deadlines to ensure timely filings.

A Voluntary Acknowledgment of Paternity form can be filed to legally establish the biological father and child relationship and allow a biological father’s name to be placed on a birth certificate.[1] However, to file a VAP, the biological parents of the child must be unmarried, available to sign forms, and no other male can be listed on the child’s birth certificate.

[1] HFS 3416B, Voluntary Acknowledgment of Paternity, Illinois Voluntary Acknowledgment of Paternity.

A VAP can be obtained at:

County clerk offices,
Health departments,
Public aid (HFS) offices, or
Child Support Services.

If the mother is or was married to or in a civil union with a person who is not the biological father when the child was born or within three hundred days before the birth, a Denial of Parentage must be submitted in conjunction with the VAP.[1]

[1] Id.

Once paternity is established, the Illinois Parentage Act of 1984 codified at 750 ILCS 45/1, et seq. makes the provisions of the Illinois Marriage and Dissolution of Marriage Act (the “Illinois Divorce Act”) applicable for determining custody, visitation, removal, child support, child health insurance, and other child related issues. In other words, once an unmarried man has been determined to be the child’s father, the statutory provisions for determining all of the foregoing matters are the same whether the child’s parents are married or not married.

However, this is only applicable after paternity is established. Until then, there would generally be no court-ordered visitation, custody (including shared decision making), or child support.

Therefore, the issue of establishing paternity is a significant one that can have lasting ramifications for many years. Time is critical in establishing paternity so that a father’s rights can be properly protected. If paternity is not established in time, the child could be adopted or removed from the state without the father’s consent.

With the stakes of establishing paternity high, you need a capable, knowledgeable attorney to protect your rights. There is help.

Whenever your children’s welfare is concerned, it is a stressful time, particularly given all of the long-term financial and emotional ramifications of being a parent. We can help reduce your stress by taking on the full responsibility for handling your paternity proceeding. We start by understanding the facts, which means listening to your paternity goals.

If you are an unmarried mother and need your child’s father to provide financial support, we can file a paternity lawsuit seeking the child support to which you are entitled. We will also explain to you the non-financial custody and visitation aspects such a paternity lawsuit is likely to have.

If you are a single man wondering if your girlfriend is pregnant with your child and being asked to sign a VAP, we can explain the ramifications of this document.

If you are a single man who is being denied a relationship with your child and are ready to take on all of the responsibilities of being a parent, we can file a paternity lawsuit on your behalf seeking custody and visitation rights.