Illinois 93rd Regular Session Status: Enacted

HB 1021 — MARRIAGE & DISSOLUTION-TECH

Last action — Public Act . . . . . . . . . 93-1095

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

This bill has been enacted into law. Introduced January 31, 2003. Enacted.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

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A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 70% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    0 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Summary

Amends the Illinois Marriage and Dissolution of Marriage Act. Makes a stylistic change in provisions concerning the application of the Civil Practice Law.

Bill Text

What changed in the latest version

113 added · 19 removed

Plain-language change summary

The recent changes to HB 1021 update the Illinois Parentage Act by emphasizing that a voluntary acknowledgment of parentage can be completed without needing to include social security numbers. This means that even if parents do not provide their social security numbers, the acknowledgment is still valid. The aim of this amendment is to make the process of establishing parentage more accessible and less complicated for families, particularly in cases of gestational surrogacy. Additionally, some sections related to marriage law were removed, simplifying the focus of the bill towards parentage issues.

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HB1021 Engrossed LRB093 05534 DRJ 05626 b AN ACT concerning family law.
HB1021 Enrolled LRB093 05534 DRJ 05626 b AN ACT concerning family law.
The Illinois Marriage and Dissolution of Marriage Act is amended by changing Section 105 as follows:
The Illinois Parentage Act of 1984 is amended by changing Section 6 as follows:
(750 ILCS 5/105) (from Ch.
(750 ILCS 45/6) (from Ch.
105) Sec.
2506) Sec.
105.
6.
Application of Civil Practice Law.) (a) The provisions of the Civil Practice Law ----- apply to all proceedings under this Act, except as otherwise provided in this Act.
Establishment of Parent and Child Relationship by Consent of the Parties.
(b) A proceeding for dissolution of marriage, legal separation or declaration of invalidity of marriage shall be entitled "In re the Marriage of ...
(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.
and ...".
The voluntary acknowledgment of parentage shall contain the social security numbers of the persons signing the voluntary acknowledgment of parentage;
A custody or support proceeding shall be entitled "In re the (Custody) (Support) of ...".
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.
(c) The initial pleading in all proceedings under this Act shall be denominated a petition.
(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:
A responsive pleading shall be denominated a response.
(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.
All other pleadings under this Act shall be denominated as provided in the Civil Practice Law.
(B) The husband, if any, of the gestational surrogate certifies that he is not the biological father of the child.
(C) The intended mother certifies that she provided or an egg donor donated the egg from which the child being carried by the gestational surrogate was conceived.
HB1021 Enrolled - 2 - LRB093 05534 DRJ 05626 b (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 and 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 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 HB1021 Enrolled - 3 - LRB093 05534 DRJ 05626 b 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 Act may be challenged in court only on the basis of fraud, duress, or material mistake of fact, 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 HB1021 Enrolled - 4 - LRB093 05534 DRJ 05626 b Marriage Act, or the Non-Support Punishment Act.
This subsection shall also not be construed to prevent the establishment of an administrative support order in cases involving persons receiving child support enforcement services under Article X of the Illinois Public Aid Code.
82-783.)
92-16, eff.
6-28-01;
93-921, eff.
1-1-05.) Section 99.
Effective date.
This Act takes effect upon becoming law.
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Action History

  1. Public Act . . . . . . . . . 93-1095

  2. Effective Date March 29, 2005

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. Senate Floor Amendment No. 1 House Concurs 116-000-000

  7. Senate Floor Amendment No. 1 Motion to Concur Recommends be Adopted Rules Committee; 004-000-000

  8. Placed on Calendar Order of Concurrence Senate Amendment(s) 1

  9. Final Action Deadline Extended-9(b) January 11, 2005

  10. Senate Floor Amendment No. 1 Motion to Concur Referred to Rules Committee

  11. Senate Floor Amendment No. 1 Motion Filed Concur Rep. Barbara Flynn Currie

  12. Chief Sponsor Changed to Rep. Barbara Flynn Currie

  13. Removed Chief Co-Sponsor Rep. Barbara Flynn Currie

  14. Placed on Calendar Order of Concurrence Senate Amendment(s) 1

  15. Arrived in House

  16. Third Reading - Passed; 057-000-000

  17. Placed on Calendar Order of 3rd Reading

  18. Senate Floor Amendment No. 1 Adopted; Cullerton

  19. Recalled to Second Reading

  20. Senate Floor Amendment No. 1 Be Adopted Judiciary; 006-000-000

  21. Senate Floor Amendment No. 1 Rules Refers to Judiciary

  22. Senate Floor Amendment No. 1 Referred to Rules

  23. Senate Floor Amendment No. 1 Filed with Secretary by Sen. John J. Cullerton

  24. Alternate Chief Sponsor Changed to Sen. John J. Cullerton

  25. Placed on Calendar Order of 3rd Reading November 16, 2004

  26. Approved for Consideration Rules

  27. Third Reading Deadline Extended - Rule 2-10, extended to January 11, 2005.

  28. Pursuant to Senate Rule 3-9(b) / Referred to Rules

  29. Third Reading Deadline Extended - Rule 2-10, to December 31, 2003.

  30. Placed on Calendar Order of 3rd Reading May 7, 2003

  31. Second Reading

  32. Placed on Calendar Order of 2nd Reading May 6, 2003

  33. Do Pass Executive; 007-004-000

  34. Assigned to Executive

  35. Referred to Rules

  36. First Reading

  37. Chief Senate Sponsor Sen. Emil Jones, Jr.

  38. Placed on Calendar Order of First Reading April 9, 2003

  39. Arrive in Senate

  40. Third Reading - Short Debate - Passed 070-043-004

  41. Placed on Calendar Order of 3rd Reading - Short Debate **

  42. Held on Calendar Order of Second Reading - Short Debate **

  43. Second Reading - Short Debate

  44. Placed on Calendar 2nd Reading - Short Debate **

  45. Do Pass / Short Debate Executive Committee; 010-000-000

  46. Assigned to Executive Committee

  47. Referred to Rules Committee

  48. First Reading

  49. Chief Co-Sponsor Rep. John A. Fritchey

  50. Chief Co-Sponsor Rep. Barbara Flynn Currie

  51. Filed with the Clerk by Rep. Michael J. Madigan

Sponsors

  • Barbara Flynn Currie · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 1 co-sponsors · 182 not signed on · 5 voted No

Sponsors (0)

None.

Co-sponsors (1)

  • Barbara Flynn Currie

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

Concurrence, Amendment 1

Passed 116 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 104001
Democrat 9000
Republican 3000
Total 116001
% of votes cast 99%0%0%1%
How each member voted (117)
Member Party Vote
Saviano — Yea
Schmitz — Yea
Sommer — Yea
Verschoore — Yea
Winters — Yea
Acevedo — Yea
Aguilar — Yea
Mathias — Yea
Bassi — Yea
Beaubien — Yea
Beiser — Yea
Bellock — Yea
Berrios — Yea
Mautino — Yea
Biggins — Yea
Black — Yea
Boland — Yea
May — Yea
Bost — Yea
Brauer — Yea
Brosnahan — Yea
McAuliffe — Yea
Mulligan — Yea
Hassert — Yea
Nekritz — Yea
Hultgren — Yea
Jefferson — Yea
Krause — Yea
Kurtz — Yea
Lang — Yea
Leitch — Yea
Bailey — Yea
Lindner — Yea
McCarthy — Yea
McKeon — Yea
Reitz — Yea
Lyons, Eileen — Yea
Mendoza — Yea
Meyer — Yea
Lyons, Joseph — Yea
Parke — Yea
Phelps — Yea
Scully — Yea
Slone — Yea
Soto — Yea
McGuire — Yea
Bradley, John — Yea
Bradley, Richard — Yea
Brady — Yea
Dugan — Yea
Dunkin — Yea
Dunn — Yea
Eddy — Yea
Flider — Yea
Flowers — Yea
Franks — Yea
Fritchey — Yea
Froehlich — Yea
Giles — Yea
Gordon — Yea
Graham — Yea
Granberg — Yea
Grunloh — Yea
Hamos — Yea
Hannig — Yea
Burke — Yea
Sullivan — Yea
Mitchell, Bill — Yea
Mitchell, Jerry — Yea
Madigan — Yea
Millner — Yea
Moffitt — Yea
Howard — Yea
Molaro — Yea
Morrow — Yea
Munson — Yea
Myers — Yea
Watson — Yea
Osmond — Yea
Jones — Yea
Osterman — Yea
Davis, Monique — Yea
Tenhouse — Yea
Turner — Yea
Wait — Yea
Washington — Yea
Yarbrough — Yea
Younge — Yea
Churchill — Yea
Colvin — Yea
Coulson — Yea
Cross — Yea
Cultra — Yea
Currie — Yea
D'Amico — Yea
Daniels — Not Voting
Holbrook — Yea
Jakobsson — Yea
Kosel — Yea
Pihos — Yea
Poe — Yea
Pritchard — Yea
Ryg — Yea
Sacia — Yea
Chapa LaVia — Yea
Eva-Dina Delgado Democrat Yea
Jay Hoffman Democrat Yea
Lakesia Collins Democrat Yea
Michael J. Kelly Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Chris Miller Republican Yea

Official roll call →

Third Reading

Passed 57 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 49002
Democrat 7000
Republican 1000
Total 57002
% of votes cast 97%0%0%3%
How each member voted (59)
Member Party Vote
Sandoval — Yea
Shadid — Yea
Maloney — Yea
Althoff — Yea
Martinez — Yea
Bomke — Yea
Burzynski — Yea
Meeks — Yea
Cronin — Yea
Halvorson — Yea
Lauzen — Yea
Link — Yea
Peterson — Yea
Radogno — Yea
Munoz — Yea
Sieben — Yea
Silverstein — Yea
Soden — Yea
Brady — Yea
Sullivan, D. — Yea
Petka — Yea
Sullivan, J. — Yea
Trotter — Yea
Jacobs — Yea
Viverito — Yea
Cullerton — Yea
Watson — Yea
Clayborne — Yea
Crotty — Yea
DeLeo — Yea
Geo-Karis — Yea
Haine — Yea
Hendon — Yea
Winkel — Yea
Demuzio — Yea
Jones, J. — Not Voting
Jones, W. — Not Voting
Luechtefeld — Yea
Schoenberg — Yea
Wojcik — Yea
Dillard — Yea
Forby — Yea
Garrett — Yea
Raoul — Yea
Rauschenberger — Yea
Righter — Yea
Risinger — Yea
Ronen — Yea
Roskam — Yea
Rutherford — Yea
del Valle — Yea
Don Harmon Democrat Yea
Emanuel "Chris" Welch Democrat Yea
Emil Jones, III Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Lawrence "Larry" Walsh, Jr. Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Third Reading

Passed 70 Yea · 43 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 633904
Democrat 7200
Republican 0201
Total 704305
% of votes cast 59%36%0%4%
How each member voted (118)
Member Party Vote
Saviano — Yea
Schmitz — Yea
Scully — Yea
Soto — Yea
Lindner — Yea
Acevedo — Yea
Aguilar — Nay
Mathias — Nay
Beaubien — Yea
Bassi — Nay
Bellock — Nay
Berrios — Yea
Mautino — Yea
Biggins — Yea
Black — Yea
Boland — Yea
May — Nay
Bost — Yea
Brauer — Nay
Brosnahan — Yea
Capparelli — Yea
Meyer — Yea
Morrow — Yea
Jefferson — Nay
Novak — Yea
O'Brien — Yea
Kosel — Yea
Pankau — Nay
Lang — Yea
Leitch — Nay
Lyons, Eileen — Yea
Bailey — Yea
Lyons, Joseph — Yea
McAuliffe — Yea
Reitz — Yea
McCarthy — Yea
McKeon — Yea
Mendoza — Yea
Millner — Yea
Molaro — Yea
McGuire — Yea
Mulligan — Yea
Myers — Yea
Osterman — Yea
Bradley, Richard — Yea
Brady — Yea
Hannig — Yea
Washington — Yea
Mitchell, Bill — Yea
Winters — Yea
Burke — Yea
Wirsing — Yea
Yarbrough — Yea
Younge — Yea
Howard — Yea
Watson — Yea
Jones — Yea
Davis, Monique — Yea
Davis, Steve — Yea
Colvin — Yea
Cross — Yea
Currie — Yea
Daniels — Yea
Dunkin — Yea
Dunn — Yea
Flowers — Yea
Giles — Yea
Graham — Yea
Granberg — Yea
Hamos — Yea
Hartke — Yea
Hassert — Yea
Krause — Nay
Kurtz — Nay
Madigan — Not Voting
Moffitt — Nay
Munson — Nay
Nekritz — Nay
Osmond — Nay
Parke — Not Voting
Mitchell, Jerry — Nay
Sullivan — Nay
Phelps — Nay
Slone — Nay
Sommer — Nay
Tenhouse — Nay
Turner — Not Voting
Verschoore — Nay
Wait — Nay
Churchill — Nay
Coulson — Nay
Cultra — Nay
Eddy — Nay
Flider — Nay
Forby — Nay
Franks — Nay
Fritchey — Not Voting
Froehlich — Nay
Holbrook — Nay
Hultgren — Nay
Jakobsson — Nay
Pihos — Nay
Poe — Nay
Ryg — Nay
Sacia — Nay
Chapa LaVia — Nay
Eva-Dina Delgado Democrat Yea
Jay Hoffman Democrat Yea
Lakesia Collins Democrat Yea
Michael J. Kelly Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Nay
Robert "Bob" Rita Democrat Nay
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Nay
Chapin Rose Republican Nay
Chris Miller Republican Not Voting

Official roll call →

Subjects

civil-rights technology
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Frequently asked questions

What does HB 1021 do?
Amends the Illinois Marriage and Dissolution of Marriage Act. Makes a stylistic change in provisions concerning the application of the Civil Practice Law.
Who sponsors HB 1021?
HB 1021 is sponsored by Barbara Flynn Currie.
What is the current status of HB 1021?
This bill has been enacted into law. Introduced January 31, 2003. Enacted.
Where can I track HB 1021?
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