When a child is born, it is automatically known who the child’s mother is--this is not the case for the child’s father. In Illinois, if a couple is not married or in a civil union when the child is born, the father is not legally considered the father of the child and his name cannot be added to the birth certificate until paternity is established. The only time there is a legal presumption of paternity is if the mother and the father of the child were married or in a civil union at the time of the child’s birth, or were married within 300 days before the child was born. Establishing paternity is important for both the parents of the child and the child itself.

The Importance of Determining Paternity

When a child’s paternity is in question, the father does not have any legal rights when it comes to the child. In order for a father to have rights to parenting time or parenting decisions, like decisions about the child’s healthcare or education, paternity must be established for the child.