An Illinois Judgment of Paternity is a court order issued by an Illinois court that legally establishes the paternity of a child. The judgment may be requested by a mother, father, or the Illinois Department of Healthcare and Family Services (HFS). There are two types of Illinois Judgment of Paternity: Voluntary Acknowledgment of Paternity (VAP) and Adjudicated Paternity. A VAP is a form signed by both the mother and the father that establishes legal paternity of the child. An Adjudicated Paternity is a court order issued by an Illinois court that legally establishes the paternity of a child when the father is not willing or able to sign a VAP. In order to obtain an Adjudicated Paternity, the mother, father, or HFS must file a Petition for Adjudication of Paternity in the appropriate Illinois court.
Illinois Judgment of Paternity
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FAQ
It is a common misconception for unwed fathers to believe that they have the same rights to their children as biological mothers. The reality, however, is that unwed Illinois fathers do not actually have any rights regarding their children at all until further action is taken.
Illinois law allows a father to establish paternity at any time before a child reaches the age of 20. However, it is often best to establish paternity as soon as possible after the birth of the child.
If there is a legally established father (for example, under the marital presumption or by a signed paternity acknowledgment), the statute of limitations to challenge the paternity of the legal father is 2 years from the child's birth.
Illinois law states that if parents are married when a child is conceived and born, then the husband or ex-husband is presumed to be the legal father of the child. The presumption of paternity is not given to an unwed husband, leaving him without any legal rights or responsibilities for his child.
The Illinois Parentage Act states that a man is the presumed father of the child if any of the following statements are true: He is married to the mother, or in a civil union or substantially similar relationship when the child is born.
If you want to establish parentage, but there is no Voluntary Acknowledgement of Parentage (VAP), you must file a petition in court. You must also serve the other parent with a petition and summons.
What Is the Statute of Limitations for Illinois Paternity Cases? If a child has two legally established parents, an outside party cannot try to sue for paternity if two years have passed since the paternity of the original parents was established.