Illinois 98th Regular Session Status: Passed Senate 1 R cosponsors

SB 1867 — PARENTAGE-ACKNOWLEDGEMENT

Last action — Tabled Pursuant to Rule 22(g)

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 98th Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Amends the Illinois Parentage Act of 1984. Provides that a man may bring an action to declare the non-existence of the parent and child relationship, even after the man has signed an unrescinded acknowledgment of parentage, if, as a result of deoxyribonucleic acid (DNA) tests, it is discovered that the man adjudicated to be the father is not the natural father of the child. Effective immediately.

Bill Text

What changed in the latest version

149 added · 237 removed

Plain-language change summary

The update to SB 1867 allows individuals who have missed the standard 30-day appeal period for certain administrative orders related to child support and paternity to petition for relief within two years. This change gives responsible relatives or those receiving child support services more time to challenge decisions, providing them with a fair chance to address potentially incorrect determinations. This matters because it helps ensure justice and accuracy in family law matters, particularly in cases that can significantly affect relationships and responsibilities.

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*LRB09808701HEP38823b* SB1867 98TH GENERAL ASSEMBLY State of Illinois and 2014 SB1867 Introduced 2/15/2013, by Sen.
SB1867 Engrossed LRB098 08701 HEP 38823 b AN ACT concerning civil law.
Chapin Rose SYNOPSIS AS INTRODUCED:
ILCS 45/5 from Ch.
40, par.
2505 ILCS 45/6 from Ch.
40, par.
2506 ILCS 45/7 from Ch.
40, par.
2507 Amends the Illinois Parentage Act of 1984.
Provides that a man may bring an action to declare the non-existence of the parent and child relationship, even after the man has signed an unrescinded acknowledgment of parentage, if, as a result of deoxyribonucleic acid (DNA) tests, it is discovered that the man adjudicated to be the father is not the natural father of the child.
Effective immediately.
LRB098 08701 HEP 38823 b A BILL FOR SB1867 LRB098 08701 HEP 38823 b AN ACT concerning civil law.
The Illinois Parentage Act of 1984 is amended by changing Sections 5, 6, 7, and 8 as follows:
The Illinois Public Aid Code is amended by changing Section 10-14.1 as follows:
(750 ILCS 45/5) (from Ch.
(305 ILCS 5/10-14.1) Sec.
40, par.
10-14.1.
2505) Sec.
Relief from administrative orders.
5.
(a) Subject to subsection (b), notwithstanding Notwithstanding the 30-day appeal period provided in Sections 10-12 and 10-12.1 and the limitation on review of final administrative decisions contained in Section 10-14, a responsible relative or a person receiving child support enforcement services under this Article who is aggrieved by an administrative order entered under Section 10-11 or 10-11.1 or an administrative determination of paternity entered under Section 10-17.7 and who did not petition within the 30-day appeal period may petition the Illinois Department for relief from the administrative order or determination on the same grounds as are provided for relief from judgments under Section 2-1401 of the Code of Civil Procedure.
Presumption of Paternity.
The petition must be filed not later than 2 years after the entry of the order or determination by the Illinois Department.
(a) A man is presumed to be the natural father of a child if:
The day immediately subsequent to the mailing of the order or determination shall SB1867 Engrossed - 2 - LRB098 08701 HEP 38823 b be considered as the first day and the day the petition is received by the Illinois Department shall be considered as the last day in computing the 2-year period.
(1) he and the child's natural mother are or have been married to each other, even though the marriage is or could be declared invalid, and the child is born or conceived during such marriage;
Any period during which the person seeking relief is under a legal disability or duress or during which the grounds for relief are fraudulently concealed shall be excluded in computing the period of 2 years.
(2) after the child's birth, he and the child's natural mother have married each other, even though the marriage is or could be declared invalid, and he is named, with his written consent, as the child's father on the child's birth certificate;
Upon receiving a petition within the 2-year period, the Illinois Department shall provide for a hearing to be held on the petition.
(3) he and the child's natural mother have signed an acknowledgment of paternity in accordance with rules adopted by the Department of Healthcare and Family Services under Section 10-17.7 of the Illinois Public Aid Code;
(b) Nothing in this Section shall be construed to prohibit an action under subsection (b) of Section 4.1 of the Illinois Parentage Act of 1984 to challenge an administrative determination of paternity entered under Section 10-17.7.
or (4) he and the child's natural mother have signed an SB1867 - 2 - LRB098 08701 HEP 38823 b acknowledgment of parentage or, if the natural father is someone other than one presumed to be the father under this Section, an acknowledgment of parentage and denial of paternity in accordance with Section 12 of the Vital Records Act.
(b) A presumption under subdivision (a)(1) or (a)(2) of this Section may be rebutted only by clear and convincing evidence.
A presumption under subdivision (a)(3) or (a)(4) is conclusive, unless the acknowledgment of parentage is rescinded under the process provided in Section 12 of the Vital Records Act, upon the earlier of:
(1) 60 days after the date the acknowledgment of parentage is signed, or (2) the date of an administrative or judicial proceeding relating to the child (including a proceeding to establish a support order) in which the signatory is a party;
except that if a minor has signed the acknowledgment of paternity or acknowledgment of parentage and denial of paternity, the presumption becomes conclusive 6 months after the minor reaches majority or is otherwise emancipated.
(c) Notwithstanding the provisions of subsection (b) of this Section, a presumption under subdivision (a)(3) or (a)(4) may also be challenged in an action brought under subsection (b-5) of Section 7 of this Act.
95-331, eff.
92-590, eff.
8-21-07.) SB1867 - 3 - LRB098 08701 HEP 38823 b (750 ILCS 45/6) (from Ch.
7-1-02.) Section 10.
40, par.
The Illinois Parentage Act of 1984 is amended by changing Sections 4.1 and 8 as follows:
2506) Sec.
(750 ILCS 45/4.1) Sec.
6.
4.1.
Establishment of Parent and Child Relationship by Consent of the Parties.
Administrative paternity determinations.
(a) A parent and child relationship may be established voluntarily by the signing and witnessing of a voluntary acknowledgment of parentage in accordance with Section 12 of the Vital Records Act, Section 10-17.7 of the Illinois Public Aid Code, or the provisions of the Gestational Surrogacy Act.
(a) Notwithstanding any other provision of this Act, the Department of Healthcare and Family Services may make administrative determinations of paternity and nonpaternity in accordance with Section 10-17.7 of the Illinois Public Aid Code.
The voluntary acknowledgment of parentage shall contain the social security numbers of the persons signing the voluntary acknowledgment of parentage;
These determinations of paternity or nonpaternity shall have the full force and effect of judgments entered under this SB1867 Engrossed - 3 - LRB098 08701 HEP 38823 b Act.
however, failure to include the social security numbers of the persons signing a voluntary acknowledgment of parentage does not invalidate the voluntary acknowledgment of parentage.
(b) An administrative determination of paternity that is not based on a voluntary acknowledgment of paternity made in accordance with Section 10-17.7 of the Illinois Public Aid Code may be challenged in court on the basis of fraud, duress, or material mistake of fact, with the burden of proof upon the challenging party.
(1) A parent-child relationship may be established in the event of gestational surrogacy if all of the following conditions are met prior to the birth of the child:
Pending outcome of the challenge to the administrative determination of paternity, the legal responsibilities of the parties shall remain in full force and effect, except upon order of the court upon a showing of good cause.
(A) The gestational surrogate certifies that she is not the biological mother of the child, and that she is carrying the child for the intended parents.
A party challenging an administrative determination of paternity made in accordance with Section 10-17.7 of the Illinois Public Aid Code must consent to and submit to deoxyribonucleic acid (DNA) testing, in accordance with Department of Healthcare and Family Services rules, in order to challenge paternity.
(B) The husband, if any, of the gestational surrogate certifies that he is not the biological father of the child.
(c) For purposes of subsection (b), evidence that, based on deoxyribonucleic acid (DNA) testing, the man who has been found to be the father of a child under an administrative determination of paternity is not the natural father of the child constitutes a material mistake of fact.
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(C) The intended mother certifies that she provided or an egg donor donated the egg from which the SB1867 - 4 - LRB098 08701 HEP 38823 b child being carried by the gestational surrogate was conceived.
(D) The intended father certifies that he provided or a sperm donor donated the sperm from which the child being carried by the gestational surrogate was conceived.
(E) A physician licensed to practice medicine in all its branches in the State of Illinois certifies that the child being carried by the gestational surrogate is the biological child of the intended mother or the intended father or both and that neither the gestational surrogate nor the gestational surrogate's husband, if any, is a biological parent of the child being carried by the gestational surrogate.
(E-5) The attorneys for the intended parents and the gestational surrogate each certifies that the parties entered into a gestational surrogacy contract intended to satisfy the requirements of Section 25 of the Gestational Surrogacy Act with respect to the child.
(F) All certifications shall be in writing and witnessed by 2 competent adults who are not the gestational surrogate, gestational surrogate's husband, if any, intended mother, or intended father.
Certifications shall be on forms prescribed by the Illinois Department of Public Health, shall be SB1867 - 5 - LRB098 08701 HEP 38823 b executed prior to the birth of the child, and shall be placed in the medical records of the gestational surrogate prior to the birth of the child.
Copies of all certifications shall be delivered to the Illinois Department of Public Health prior to the birth of the child.
(2) Unless otherwise determined by order of the Circuit Court, the child shall be presumed to be the child of the gestational surrogate and of the gestational surrogate's husband, if any, if all requirements of subdivision (a)(1) are not met prior to the birth of the child.
This presumption may be rebutted by clear and convincing evidence.
The circuit court may order the gestational surrogate, gestational surrogate's husband, intended mother, intended father, and child to submit to such medical examinations and testing as the court deems appropriate.
(b) Notwithstanding any other provisions of this Act, paternity established in accordance with subsection (a) has the full force and effect of a judgment entered under this Act and serves as a basis for seeking a child support order without any further proceedings to establish paternity.
(c) A judicial or administrative proceeding to ratify paternity established in accordance with subsection (a) is neither required nor permitted.
(d) A signed acknowledgment of paternity entered under this SB1867 - 6 - LRB098 08701 HEP 38823 b Act may be challenged in court only on the basis of fraud, duress, or material mistake of fact, or in an action brought under subsection (b-5) of Section 7 of this Act, with the burden of proof upon the challenging party.
Pending outcome of the challenge to the acknowledgment of paternity, the legal responsibilities of the signatories shall remain in full force and effect, except upon order of the court upon a showing of good cause.
(e) Once a parent and child relationship is established in accordance with subsection (a), an order for support may be established pursuant to a petition to establish an order for support by consent filed with the clerk of the circuit court.
A copy of the properly completed acknowledgment of parentage form shall be attached to the petition.
The petition shall ask that the circuit court enter an order for support.
The petition may ask that an order for visitation, custody, or guardianship be entered.
The filing and appearance fees provided under the Clerks of Courts Act shall be waived for all cases in which an acknowledgment of parentage form has been properly completed by the parties and in which a petition to establish an order for support by consent has been filed with the clerk of the circuit court.
This subsection shall not be construed to prohibit filing any petition for child support, visitation, or custody under this Act, the Illinois Marriage and Dissolution of Marriage Act, or the Non-Support Punishment Act.
This subsection shall also not be construed to prevent the SB1867 - 7 - LRB098 08701 HEP 38823 b establishment of an administrative support order in cases involving persons receiving child support enforcement services under Article X of the Illinois Public Aid Code.
92-16, eff.
95-331, eff.
6-28-01;
8-21-07.) (750 ILCS 45/8) (from Ch.
93-921, eff.
1-1-05;
93-1095, eff.
3-29-05.) (750 ILCS 45/7) (from Ch.
2507) Sec.
2508) Sec.
7.
8.
Determination of Father and Child Relationship;
Statute of limitations.
Who May Bring Action;
(a) (1) An action brought by or on behalf of a child, an SB1867 Engrossed - 4 - LRB098 08701 HEP 38823 b action brought by a party alleging that he or she is the child's natural parent, or an action brought by the Department of Healthcare and Family Services (formerly Illinois Department of Public Aid), if it is providing or has provided financial support to the child or if it is assisting with child support collection services, shall be barred if brought later than 2 years after the child reaches the age of majority;
Parties.
however, if the action on behalf of the child is brought by a public agency, other than the Department of Healthcare and Family Services (formerly Illinois Department of Public Aid) if it is providing or has provided financial support to the child or if it is assisting with child support collection services, it shall be barred 2 years after the agency has ceased to provide assistance to the child.
(a) An action to determine the existence of the father and child relationship, whether or not such a relationship is already presumed under Section 5 of this Act, may be brought by the child;
(2) Failure to bring an action within 2 years shall not bar any party from asserting a defense in any action to declare the non-existence of the parent and child relationship.
the mother;
(3) An action to declare the non-existence of the parent and child relationship brought under subsection (b) of Section 7 of this Act shall be barred if brought later than 2 years after the petitioner obtains knowledge of relevant facts.
a pregnant woman;
The 2-year period for bringing an action to declare the nonexistence of the parent and child relationship shall not extend beyond the date on which the SB1867 Engrossed - 5 - LRB098 08701 HEP 38823 b child reaches the age of 18 years.
any person or public agency who has custody of, or is providing or has provided financial support to, the child;
Failure to bring an action within 2 years shall not bar any party from asserting a defense in any action to declare the existence of the parent and child relationship.
the Department of Healthcare and Family Services if it is providing or has provided financial support to the child or if it is assisting with child support collection services;
(4) An action to declare the non-existence of the parent and child relationship brought under subsection (b-5) of Section 7 of this Act shall be barred if brought more than 6 months after the effective date of this amendatory Act of 1998 or more than 2 years after the petitioner obtains actual knowledge of relevant facts, whichever is later.
or a man presumed or alleging himself to be the father of the child or expected child.
The 2-year period shall not apply to periods of time where the natural mother or the child refuses to submit to deoxyribonucleic acid (DNA) tests.
The complaint shall be verified and shall name the person or persons alleged to be the father of the child.
The 2-year period for bringing an action to declare the nonexistence of the parent and child relationship shall not extend beyond the date on which the child reaches the age of 18 years.
(b) An action to declare the non-existence of the parent and child relationship may be brought by the child, the natural mother, or a man presumed to be the father under subdivision (a)(1) or (a)(2) of Section 5 of this Act.
Failure to bring an action within 2 years shall not bar any party from asserting a defense in any action to declare the existence of the parent and child relationship.
Actions brought by the child, the natural mother or a presumed father shall be SB1867 - 8 - LRB098 08701 HEP 38823 b brought by verified complaint.
(5) An action under subsection (b) of Section 4.1 of this Act to challenge an administrative determination of paternity shall be barred if brought more than 6 months after the effective date of this amendatory Act of the 98th General Assembly or more than 2 years after the petitioner obtains actual knowledge of relevant facts, whichever is SB1867 Engrossed - 6 - LRB098 08701 HEP 38823 b later.
After the presumption that a man presumed to be the father under subdivision (a)(1) or (a)(2) of Section 5 has been rebutted, paternity of the child by another man may be determined in the same action, if he has been made a party.
The 2-year period shall not apply to periods of time where the natural mother or the child refuses to submit to deoxyribonucleic acid (DNA) tests.
(b-5) An action to declare the non-existence of the parent and child relationship may be brought subsequent to an adjudication of paternity in any judgment or administrative determination of paternity made in accordance with Section 10-17.7 of the Illinois Public Aid Code by the man adjudicated to be the father pursuant to the presumptions in Section 5 of this Act if, as a result of deoxyribonucleic acid (DNA) tests, it is discovered that the man adjudicated to be the father is not the natural father of the child.
The 2-year period for bringing an action under subsection (b) of Section 4.1 of this Act to challenge an administrative determination of paternity shall not extend beyond the date on which the child reaches the age of 18 years.
Actions brought by the adjudicated father shall be brought by verified complaint.
Failure to bring an action within 2 years shall not bar any party from asserting a defense in any action to declare the existence of the parent and child relationship.
If, as a result of the deoxyribonucleic acid (DNA) tests, the plaintiff is determined not to be the father of the child, the adjudication of paternity and any orders regarding custody, visitation, and future payments of support may be vacated.
(b) The time during which any party is not subject to service of process or is otherwise not subject to the jurisdiction of the courts of this State shall toll the aforementioned periods.
(c) If any party is a minor, he or she may be represented by his or her general guardian or a guardian ad litem appointed by the court, which may include an appropriate agency.
(c) This Act does not affect the time within which any rights under the Probate Act of 1975 may be asserted beyond the time provided by law relating to distribution and closing of decedent's estates or to the determination of heirship, or otherwise.
The court may align the parties.
(d) Regardless of its terms, an agreement, other than a settlement approved by the court, between an alleged or presumed father and the mother or child, does not bar an action SB1867 - 9 - LRB098 08701 HEP 38823 b under this Section.
(e) If an action under this Section is brought before the birth of the child, all proceedings shall be stayed until after the birth, except for service or process, the taking of depositions to perpetuate testimony, and the ordering of blood tests under appropriate circumstances.
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Action History

  1. Tabled Pursuant to Rule 22(g)

  2. Motion Do Pass - Lost Judiciary; 008-008-000

  3. Added Alternate Chief Co-Sponsor Rep. Jil Tracy

  4. Final Action Deadline Extended-9(b) May 24, 2013

  5. Remains in Judiciary

  6. Motion Do Pass - Lost Judiciary; 007-006-000

  7. Added Alternate Chief Co-Sponsor Rep. Arthur Turner

  8. Added Alternate Chief Co-Sponsor Rep. Adam Brown

  9. Assigned to Judiciary

  10. Referred to Rules Committee

  11. First Reading

  12. Chief House Sponsor Rep. La Shawn K. Ford

  13. Arrived in House

  14. Third Reading - Passed; 052-000-000

  15. Placed on Calendar Order of 3rd Reading April 23, 2013

  16. Senate Floor Amendment No. 2 Adopted; Rose

  17. Second Reading

  18. Senate Floor Amendment No. 2 Recommend Do Adopt Judiciary; 009-000-000

  19. Senate Floor Amendment No. 2 Assignments Refers to Judiciary

  20. Senate Floor Amendment No. 2 Referred to Assignments

  21. Senate Floor Amendment No. 2 Filed with Secretary by Sen. Chapin Rose

  22. Placed on Calendar Order of 2nd Reading March 20, 2013

  23. Do Pass as Amended Judiciary; 010-000-000

  24. Senate Committee Amendment No. 1 Adopted

  25. Senate Committee Amendment No. 1 Assignments Refers to Judiciary

  26. Senate Committee Amendment No. 1 Referred to Assignments

  27. Senate Committee Amendment No. 1 Filed with Secretary by Sen. Chapin Rose

  28. Postponed - Judiciary

  29. Postponed - Judiciary

  30. Assigned to Judiciary

  31. Referred to Assignments

  32. First Reading

  33. Filed with Secretary by Sen. Chapin Rose

Sponsors

Sponsorship breakdown

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0 sponsors · 1 co-sponsors · 182 not signed on

Sponsors (0)

None.

Co-sponsors (1)

Not signed on (182)

182 members have not signed on to this bill.

Show all 182 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 52 Yea · 0 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 37006
Democrat 12001
Republican 3000
Total 52007
% of votes cast 88%0%0%12%
How each member voted (59)
Member Party Vote
LaHood — Yea
Manar — Yea
Althoff — Yea
Martinez — Yea
Barickman — Yea
Bertino-Tarrant — Yea
Biss — Yea
Bivins — Yea
Link — Yea
Luechtefeld — Yea
Frerichs — Yea
Kotowski — Yea
Landek — Not Voting
Harris — Yea
Brady — Yea
McCann — Not Voting
McCarter — Yea
McConnaughay — Yea
Mulroe — Yea
McGuire — Yea
Muñoz — Yea
Sullivan — Yea
Jacobs — Yea
Noland — Yea
Cullerton, T. — Yea
Oberweis — Yea
Cullerton — Yea
Righter — Yea
Steans — Yea
Trotter — Not Voting
Bush — Yea
Clayborne — Yea
Connelly — Yea
Dillard — Yea
Duffy — Yea
Forby — Not Voting
Haine — Yea
Hutchinson — Yea
Radogno — Yea
Raoul — Yea
Sandoval — Not Voting
Silverstein — Yea
Van Pelt — Not Voting
Bill Cunningham Democrat Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Julie A. Morrison Democrat Yea
Kimberly A. Lightford Democrat Not Voting
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Michael E. Hastings Democrat Yea
Steve Stadelman Democrat Yea
Chapin Rose Republican Yea
Dave Syverson Republican Yea
Sue Rezin Republican Yea

Official roll call →

Subjects

civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 1867 do?
Amends the Illinois Parentage Act of 1984. Provides that a man may bring an action to declare the non-existence of the parent and child relationship, even after the man has signed an unrescinded acknowledgment of parentage, if, as a result of deoxyribonucleic acid (DNA) tests, it is discovered that the man adjudicated to be the father is not the natural father of the child. Effective immediately.
Who sponsors SB 1867?
SB 1867 is sponsored by Chapin Rose (Republican).
What is the current status of SB 1867?
This bill died with 98th Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 1867?
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