When a child is born to two people who are married, in a civil union, or who were married or in a civil union within 300 days prior in the state of Illinois, those two people are legally presumed to be that child’s parents, even if that is not necessarily true. A child’s legal parents are required to provide for the child’s well-being, including providing for their financial needs. If the parents ever get divorced, the father has a legal right to decision-making responsibilities and parenting time, as well as an obligation to pay monthly child support. If the father finds out that he is not the father of the child, he can file to disprove the paternity of the child, which may relieve him of his parental responsibilities.

Disproving Paternity While Married

If the father is married when the child is born, the legal relationship is automatically established when the child is born. While this can be a convenience, it also means that the father is forced to take legal action to disprove the paternity of the child if the child is not his or her biological child. Genetic testing is used to determine whether or not a child is biologically related to an alleged father and is typically ordered by the court when a person files to have paternity disproven. Once the father becomes aware of the fact that he is not the child’s biological father, he must take immediate action, or the judge could deny his petition to disprove paternity.

In the state of Illinois, a man is only legally presumed to be the father of a child if the mother was married or in a civil union with him when the child was born or within 300 days before the child was born. If the mother was not married when the child was born, the man she names as the father of the child is then referred to as the alleged father. That man will only become the legal father after one of three things happens:

• Both parents complete and sign a Voluntary Acknowledgement of Paternity form when or soon after the child is born;
• An administrative paternity order is entered into by a child support agency; or
• An order of paternity has been entered in court by a judge.

If the father contests the paternity of the child, the mother will then have to file a paternity suit that seeks to establish a parent-child relationship between the father and the child. Once you enter into a paternity suit, the judge will more-than-likely order the mother, the alleged father and the child to submit to genetic testing.

Understanding Genetic Testing

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.