How Do I Establish Parentage After January 1, 2016?
Effective January 1, 2016 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 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 similar legal relationship, or after a judgment for legal separation, except as provided 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 the 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 relationship or within 300 days after its termination by death, declaration or 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 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.
We can help explain to you the process of obtaining a DNA test. Once the child’s parentage has been established all matters related to custody and support can be addressed before the court.
If you have any questions regarding paternity, feel free to contact the Illinois divorce attorneys at Weiss-Kunz & Oliver, LLC. Call (312) 605-4041 to schedule an initial consultation.
