The Journal of The DuPage County Bar Association

Back Issues > Vol. 28 (2015-16)

The New Parentage Act of 2015: Changes and Additions
By Raleigh D. Kalbfleisch

Introduction
The new Illinois Parentage Act, 750 ILCS 46/101, et seq., takes effect on January 1, 2016. The new Act includes more expansive and gender-neutral language but there are still some holes that need to be filled. The gestational surrogacy provisions from the Illinois Parentage Act of 1984 are omitted as those provisions are superseded by the Gestational Surrogacy Act 750 ILCS 47, et seq. The Act also incorporates language from the new IMDMA which could lead to uncertainty when it comes to issues of attorney’s fees and visitation for parents of a divorce as opposed to an individual determined to be a parent under the Act. The Act also now sets a specific standard of proof for parentage claims and there are now separate statutes of limitations cited within the Act so litigants and attorneys need to read the new Act carefully when seeking to enforce a client’s rights. An overview of the pertinent changes is provided below. Please note that the article does not discuss each and every provision of the new act but gives an overview of those with the most important changes.

Article 1
In Article 1, one of the most notable changes is in the purpose of Act. The committee reviewed parentage statutes from across the country and found those states with parentage provisions expanding the number of parents a child may have problematic, thus the Act now limits a child to two parents. Article 1 also contains definitions for the provisions of the Act but has reserved definitions for assisted reproduction and donor which will be addressed in a trailer Bill in 2016. Section 106 Protection of participants provides that “Proceedings under this Act are subject to other law of this State governing the health, safety, privacy, and liberty of a child or other individual who could be jeopardized by disclosure of identifying information, including address, telephone number, place of employment, social security number, and the child’s day-care facility and school.” Section 107 Applicability provides that “Insofar as practicable, the provisions of this Act applicable to the father and child relationship shall apply to the mother and child relationship including, but not limited to, the obligation to support.”

Article 2
Article 2 now sets forth means for establishing a parent-child relationship. Rather than calling it only a “parent-child” relationship, the Act refers also to a woman-child relationship or man-child relationship. In addition, the marital presumption will extend to a person rather than a man married to woman, which gives standing to those individuals in a civil union or same sex marriage. In addition, the Act expanded the definition of a marital relationship to include civil union and “substantially similar legal relationship.” The definition of a substantially similar legal relationship being one other than common law marriage, legally entered into in another jurisdiction recognized by Illinois for domestic partnership or covenant. Common law marriage will not be recognized.

The most relevant provision of Article 2, Section 201, deals with establishing the parent-child relationship and provides:
“(a) The parent-child relationship is established between a woman and a child by:

  1. the woman having given birth to the child, except as otherwise provided in a valid gestational surrogacy contract;
  2. an adjudication of the woman’s parentage;
  3. adoption of the child by the woman;
  4. a valid gestational surrogacy contract under the Gestational Surrogacy Act or other law; or
  5. an unrebutted presumption of the woman’s parentage of the child under Section 204 of this Act.

(b) The parent-child relationship is established between a man and a child by:

  1. an unrebutted presumption of the man’s parentage of the child under Section 204 of this Act;
  2. an effective voluntary acknowledgment of paternity by the man under Article 3 of this Act, unless the HB1531 acknowledgment has been rescinded or successfully challenged;
  3. an adjudication of the man’s parentage;
  4. adoption of the child by the man; or a valid gestational surrogacy contract under the Gestational Surrogacy Act or other law.

(c) Insofar as practicable, the provisions of this Act applicable to parent-child relationships shall apply equally to men and women as parents, including, but not limited to, the obligation to support.”

Sections 202 and 203 contain additional new language for Article 2. Specifically, Section 202 Parents’ Legal Relationship, provides that every child has equal rights under the law regardless of the parents’ legal relationship. Section 203 Consequences of establishment of parentage provides that a parent-child relationship established under this Act applies for all purposes, except as otherwise specifically provided by other law of this State.

As to the presumption of parentage, under the Act a child is presumed to be the child of marriage if person and mother are together or if the woman has a baby within 300 days of a divorce. One significant problem that may arise is that under the presumption of parentage when a woman has a child within 300 days of a divorce, if a woman has a sexual relationship with another individual early in that 300 day period and becomes pregnant, the child may have child may then have 2 presumed fathers. If this happens the court may determine which person is going to be the legally presumed parent. The child’s best interest will be the standard used to determine who the “parent” is. Using a best interest standard rather than making a definitive determination via genetic testing could lead to an individual that is not a biological parent having support and other obligations which he or she may have had under the current statue.”

Section 204 Presumption of Parentage provides:
“(a) 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, 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 the marriage, judgment of dissolution of marriage, civil union or substantially similar legal relationship, or after a judgment of 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 legal relationship or within 300 days after its termination by death, declaration of invalidity, judgment of dissolution of marriage, civil union or substantially similar legal relationship, or after a judgment of legal separation, except as provided by a valid gestational surrogacy contract, or other law;

(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 named, with the person’s written consent, as the child’s parent on the child’s birth certificate.

(b) If 2 or more conflicting presumptions arise under this Section, the presumption which on the facts is founded on the weightier considerations of policy and logic, especially the policy promoting the child’s best interests, controls.

Section 205 now contains a new statute of limitations for bringing an action to declare the non-existence of a parent-child relationship.

The limitation is similar to a fraud claim in that the action is barred if brought later than two years after the petitioner knew or should have known of the relevant facts about the birth of a child unless the facts about the birth were concealed from the presumed parent.

Specifically, Section 205 Proceedings to declare the non-existence of parent-child relationship provides as follows:

“(a) An action to declare the non-existence of the parent-child relationship may be brought by the child, the birth mother, or a person presumed to be a parent under Section 204 of this Act. Actions brought by the child, the birth mother, or a presumed parent shall be brought by verified complaint, which shall be designated a petition. After a presumption under Section 204 of this Act has been rebutted, parentage of the child by another man or woman may be established in the same action, if he or she has been made a party.

(b) An action to declare the non-existence of the parent-child relationship brought under subsection (a) of this Section shall be barred if brought later than 2 years after the petitioner knew or should have known of the relevant facts. The 2-year period for bringing an action to declare the non-existence of the parent-child relationship shall not extend beyond the date on which the child reaches the age of 18 years. Failure to bring an action within 2 years shall not bar any party from asserting a defense in any action to declare the existence of the parent-child relationship.

(c) An action to declare the non-existence of the parent-child relationship may be brought subsequent to an adjudication of parentage in any judgment by the man adjudicated to be the parent pursuant to a presumption in paragraphs (a)(1) through (a)(4) of Section 204 if, as a result of deoxyribonucleic acid (DNA) testing, it is discovered that the man adjudicated to be the parent is not the father of the child. Actions brought by the adjudicated father shall be brought by verified petition. If, as a result of the deoxyribonucleic acid (DNA) testing that is admissible under Section 614 of this Act, the petitioner is determined not to be the father of the child, the adjudication of paternity and any orders regarding custody, parenting time, and future payments of support may be vacated.

(d) An action to declare the non-existence of the parent-child relationship brought under subsection (c) of this Section shall be barred if brought more than 2 years after the petitioner obtains actual knowledge of relevant facts. The 2-year period shall not apply to periods of time where the birth mother or the child refuses to submit to deoxyribonucleic acid (DNA) testing. The 2-year period for bringing an action to declare the non-existence of the parent-child relationship shall not extend beyond the date on which the child reaches the age of 18 years.”

Section 206 contains the new burden of proof for challenges to the presumption of parentage and provides that a person challenging a presumption under Section 204 of this Act may rebut the presumption with clear and convincing evidence.

Article 3
Article 3 provides that the mother of a child and a man alleging to be the biological father of the child may sign a voluntary acknowledgment (VAP) with the intent to establish the man’s parentage. Execution of the VAP replaces the conclusive presumption of paternity under 750 ILCS 45/5(b) of the current statute and is still only available for couples of the opposite sex. One change is that the VAP may be executed and then filed with Healthcare and Family Services (HFS) prior to the birth. Attorneys and litigants should note that the VAP is not valid until after the birth of the child. One of the issues that may arise is that submitting the VAP to HFS equals a court adjudication of parentage without any of the protections afforded to a litigant in a courtroom.

Currently a VAP can be executed after the birth of a child then used to establish parentage, but establishing parentage in that manner requires the filing of a Petition to Determine, service of process and the usual constitutional protections that arise in a court proceeding. In the Act, there is no specific mention of due process and HFS is an administrative agency which can and does act on its own without proceeding through the court system. Although the VAP may be rescinded within 60 days of the first court hearing, HFS being in possession of the VAP, and the execution of the VAP being conclusive, the addition of an administrative agency to the process could be very problematic; particularly if HFS has already established a child support obligation for the presumed parent. The Act now provides that a VAP may be challenged within two years based on fraud, duress and mistake of fact and the two years may be extended due to legal disability or duress if ground for relief is fraudulently concealed. The burden of proof for such a challenge is clear and convincing evidence.

Section 302 Execution of Acknowledgment provides:
“(a) A voluntary acknowledgment described in Section 301 of this Act must:

  1. be in a record;
  2. be signed, or otherwise authenticated, under penalty of perjury by the mother and by the man seeking to establish his parentage;
  3. state that the child whose parentage is being acknowledged:
    (A) does not have a presumed parent, or has a presumed parent whose full name is stated; and
    (B) does not have another acknowledged or adjudicated parent;
  4. be witnessed; and
  5. state that the signatories understand that the acknowledgment is the equivalent of a judicial adjudication of parentage of the child and that a challenge to the acknowledgment is permitted only under limited circumstances and is barred after 2 years.

(b) An acknowledgment of paternity is void if it:

  1. states that another person is a presumed parent, unless a denial signed or otherwise authenticated by the presumed parent is filed with the Department of Healthcare and Family Services, as provided by law;
  2. states that another person is an
  3. falsely denies the existence of a presumed, acknowledged, or adjudicated parent of the child.acknowledged or adjudicated parent; or

(c) A presumed father may sign or otherwise authenticate an acknowledgment.”

Section 303 sets forth the guidelines for a denial of parentage, Section 304 the rules for acknowledgment and denial of parentage, and Section 305 the effect of acknowledgment or denial of parentage. As before, the Department of Healthcare and Family Services may not charge a fee for filing a voluntary acknowledgment or denial nor will a fee be charged for instituting, or appearing in, a case seeking child support where a VAP has been executed and filed with the court or HFS. If a litigant wishes to challenge or rescind a VAP, Sections 307, 308 and 309 are the guidelines to be followed.

Section 307 Proceeding for rescission provides that: “A signatory may rescind a voluntary acknowledgment or denial by filing a signed and witnessed rescission with the Department of Healthcare and Family Services as provided in Section 12  of the Vital Records Act, before the earlier of:

(a) 60 days after the effective date of the acknowledgment or denial, as provided in Section 304 of this Act; or

(b) the date of a judicial or administrative proceeding relating to the child (including a proceeding to establish a support order) in which the signatory is a party.”

Section 308 Challenge after expiration period for rescission provides that: “A challenge after expiration of period for rescission. After the period for rescission under Section 307 of this Act has expired, a signatory of a voluntary acknowledgment or denial may commence a proceeding to challenge the acknowledgment or denial only as provided in Section 309 of this Act.”

Section 309 Procedure for challenge states that:

“(a) A voluntary acknowledgment and any related denial may be challenged only on the basis of fraud, duress, or material mistake of fact by filing a verified petition under this Section within 2 years after the effective date of the acknowledgment or denial, as provided in Section 304 of this Act. Time during which the person challenging the acknowledgment or denial is under legal disability or duress or the ground for relief is fraudulently concealed shall be excluded in computing the period of 2 years;

(b) The verified complaint, which shall be designated a petition, shall be filed in the county where a proceeding relating to the child was brought, such as a support proceeding or, if none exists, in the county where the child resides. The party challenging the acknowledgment or denial shall have the burden of proof. The burden of proof to challenge a voluntary acknowledgment is clear and convincing evidence.

(c) For the purpose of a challenge to an acknowledgment or denial, a signatory submits to personal jurisdiction of this State by signing the acknowledgment and any related denial, effective upon the filing of the acknowledgment and any related denial with the Department of Healthcare and Family Services, as provided in Section 12 of the Vital Records Act.

(d) Except for good cause shown, during the pendency of a proceeding to challenge an acknowledgment or denial, the court may not suspend the legal responsibilities of a signatory arising from the acknowledgment, including the duty to pay child support.

(e) At the conclusion of a proceeding to challenge an acknowledgment or denial, the court shall order the Department of Public Health to amend the birth record of the child, if appropriate. A copy of an order entered at the conclusion of a proceeding to challenge shall be provided to the Department of Healthcare and Family Services.”

Other relevant portions of this Article are Section 310 Ratification barred, a court or administrative agency conducting a judicial or administrative proceeding is not required or permitted to ratify an unchallenged acknowledgment described in Section 301 of this Act; Section 311 Full faith and credit, a court of this state shall give full faith and credit to a valid acknowledgment or denial of parentage effective in another state if the acknowledgment or denial has been signed and is otherwise in compliance with the law of the other state, and Section 312 Forms of acknowledgment and denial of parentage.

Article 4
Article 4 governs individual voluntary and court-ordered genetic testing to determine parentage. 750 ILCS 45/11 was re- codified as sections 401 through 407 and became effective January 1, 2011.

Article 5
Article 5 deals with support and injunctive relief. Specifically, Section 501 sets forth the procedure for obtaining temporary child support. Of note are the changes to the IMDMA in reference to parenting time and allocation of parental responsibilities. This section of the IMDMA expands the definition of who may be responsible for providing support for a child. Practitioners should read those new provisions of the Statute when drafting their pleadings for temporary support.

Section 501 Temporary orders provides that:
” (a) On a motion by a party and a showing of clear and convincing evidence of parentage, the court shall issue a temporary order for support of a child if the order is appropriate and the individual ordered to pay support is:

  1. a presumed parent of the child;
  2. petitioning to have parentage adjudicated;
  3. identified as the father through genetic testing under Article 4 of this Act;
  4. an alleged father who has declined to submit to genetic testing;
  5. shown by clear and convincing evidence to be the child’s father;
  6. the mother of the child; or
  7. anyone else determined to be the child’s parent.”

In determining the amount of a temporary child support award, the court shall use the guidelines and standards set forth in Sections 505 and 505.2 of the Illinois Marriage and Dissolution of Marriage Act.
 
(b) A temporary order may include provisions for custody/ allocation of parental responsibilities and parenting time as provided by the Illinois Marriage and Dissolution of Marriage Act.

(c) Temporary orders issued under this Section shall not have prejudicial effect with respect to final support, custody/allocation of parental responsibilities, or parenting time orders.”

Article 6
Article 6 discusses the proceeding to adjudicate parentage and relates specifically to standing. Section 602 Standing provides: “A complaint to adjudicate parentage shall be verified, shall be designated a petition, and shall name the person or persons alleged to be the parent of the child. Subject to Article 3 and Sections 607, 608, and 609 of this Act, a proceeding to adjudicate parentage may be maintained by:

(a) the child;
(b) the mother of the child;
(c) a pregnant woman;
(d) a man presumed or alleging himself to be the parent of the child;
(e) a woman presumed or alleging herself to be the parent of the child;
(f) the support-enforcement agency or other governmental agency authorized by other law;
(g) any person or public agency that has custody of, is providing financial support to, or has provided financial support to the child;
(h) the Department of Healthcare and Family Services if it is providing, or has provided, financial support to the child or if it is assisting with child support collections services;
(i) an authorized adoption agency or licensed child-placing agency;
(j) a representative authorized by law to act for an individual who would otherwise be entitled to maintain a proceeding but who is deceased, incapacitated, or a minor; or
(k) an intended parent pursuant to the terms of a valid gestational surrogacy contract.”

Section 603 discusses subject matter and personal jurisdiction, Section 604 discusses venue and Section 605 discusses notice to presumed parent which was adopted with gender neutral language. Section 606 sets forth procedures for service of summons and was adopted with reference to respondent rather than defendant. Section 607 No limitation; child having no presumed, acknowledged, or adjudicated parent changes the statutes of limitations for actions where there is no presumed, adjudicated or acknowledged father and states that “A proceeding to adjudicate the parentage of a child having no presumed, acknowledged, or adjudicated parent may be commenced at any time, even after:

(a) the child becomes an adult, but only if the child initiates the proceeding; or
(b) an earlier proceeding to adjudicate parentage has been dismissed based on the application of a statute of limitations then in effect.”

Section 608 Limitation; child having presumed parent sets forth the statute of limitations for filing an action to establish a parent-child relationship where there is a presumed parent and provides:

“(a) An alleged father, as that term is defined in Section 103 of this Act, must commence an action to establish a parent-child relationship for a child having a presumed parent not later than 2 years after the petitioner knew or should have known of the relevant facts. The time the petitioner is under legal disability or duress or the ground for relief is fraudulently concealed shall be excluded in computing the period of 2 years.
(b) A proceeding seeking to declare the non-existence of the parent-child relationship between a child and the child’s presumed father may be maintained at any time by a person described in paragraphs (1) through (4) of subsection (a) of Section 204 of this Act if the court determines that the presumed father and the mother of the child neither cohabited nor engaged in sexual intercourse with each other during the probable time of conception.
(c) Adjudication under this Section shall serve as a rebuttal or confirmation of a presumed parent as defined in subsection (p) of Section 103.”

Section 609 Limitation; child having acknowledged or adjudicated parent sets forth the statute of limitations for filing an action where there is an acknowledged or adjudicated parent and provides:

“(a) If a child has an acknowledged parent, a signatory to the acknowledgment described in Section 301 of this Act or related denial may commence a proceeding seeking to challenge the acknowledgment or denial or challenge the paternity of the child only within the time allowed under Section 309 of this Act.
(b) If a child has an acknowledged parent or an adjudicated parent, an individual, other than the child, who is neither a signatory to the acknowledgment nor a party to the adjudication and who seeks an adjudication of parentage of the child must commence a proceeding not later than 2 years after the effective date of the acknowledgment or adjudication.
(c) A proceeding under this Section is subject to the application of the principles of estoppel established in Section 610 of this Act.”

In a challenge to paternity, Section 610 sets out the procedure for challenging paternity and requests for genetic testing and grants the court the authority to deny motion for genetic testing. Under this section of the statute, a judge may deny a request for genetic testing where a parent-child relationship has already been established or an individual that may have held him or herself out as a parent then later challenged parentage could be adjudicated the parent of the child based on the factors below.

Section 610 Authority to deny motion for genetic testing provides:

“(a) In a proceeding to adjudicate the parentage of a child having a presumed, acknowledged, or adjudicated parent, the court may deny a motion by a parent, presumed parent, acknowledged parent, adjudicated parent, or alleged parent seeking an order for genetic testing of the parents and child if the court determines that:

(1) the conduct of the parent, acknowledged parent, adjudicated parent, or the presumed parent estops that party from denying parentage; it would be inequitable to disprove the parent-child relationship between the child and the presumed, acknowledged, or adjudicated parent; and
(2) it is in the child’s best interests to deny genetic testing, taking into account the following factors: (A) the length of time  between the current proceeding to adjudicate parentage and the time that the presumed, acknowledged, or adjudicated parent was placed on notice that he or she might not be the biological parent;

(B) the length of time during which the presumed, acknowledged, or adjudicated parent has assumed the role of parent of the child;
(C) the facts surrounding the presumed, acknowledged, or adjudicated parent ’s discovery of his or her possible;
(D) the nature of the relationship between the child and the presumed, acknowledged, or adjudicated parent;
(E) the age of the child;
(F) the harm that may result to the child if the presumed, acknowledged, or adjudicated parentage is successfully disproved;
(G) the nature of the relationship between the child and any alleged parent;
(H) the extent to which the passage of time reduces the chances of establishing the parentage of another person and a child support obligation in favor of the child;
(I) other factors that may affect the equities arising from the disruption of the parent-child relationship between the child and the presumed, acknowledged, or adjudicated parent or the chance of other harm to the child; and
(J) any other factors the court determines to be equitable.

(3) In a proceeding involving the application of this Section, a minor or incapacitated child must be represented by a guardian ad litem, child’s representative, or attorney for the child.
(4) If the court denies a motion seeking an order for genetic testing, it shall issue an order adjudicating the presumed parent to be the parent of the child.”

It is important to note that Section 615 allows the court to order genetic testing of an individual’s family members in an attempt to establish paternity; thus brothers, fathers and uncles could all theoretically be subjected to genetic testing.

Section 615 Consequences of declining genetic testing provides:

“(a) An order for genetic testing is enforceable through a proceeding for adjudication of contempt.
(b) If an individual whose parentage is being determined declines to submit to genetic testing ordered by the court or administrative agency, the court or administrative agency may adjudicate parentage contrary to the position of that individual.
(c) Genetic testing of the mother of a child is not a condition precedent to genetically testing the child and a man whose paternity is being determined. If the mother is unavailable or declines to submit to genetic testing, the court or administrative agency may order the genetic testing of the child and every man whose paternity is being adjudicated.”

Section 621 discusses the effect of a determination of parentage and provides that:

“(a) Except as otherwise provided in subsection (b) of this Section, a determination of parentage is binding on:

(1) all signatories to an acknowledgment or denial as provided in Article 3 of this Act; and
(2) all parties to an adjudication by a court acting under circumstances that satisfy the jurisdictional requirements of Section 201 of the Uniform Interstate Family Support Act.

(b) A child is not bound by a determination of parentage under this Act unless:

(2) the determination was based on an unrescinded acknowledgment as provided in Article 3 of this Act and the acknowledgment is consistent with the results of genetic testing; the adjudication of parentage was based on a finding consistent with the results of genetic testing and the consistency is declared in the determination or is otherwise shown;
(3) the child was a party or was represented in the proceeding determining parentage by a guardian ad litem, child’s representative or attorney for the child; and
(4) the child was no longer a minor at the time the proceeding was initiated and was the moving party resulting in the parentage determination.

(c) In a proceeding for dissolution of marriage, civil union, or substantially similar legal relationship, declaration of  invalidity of marriage, civil union, or substantially similar legal relationship, or legal separation, the court is deemed to have made an adjudication of the parentage of a child if the court acts under circumstances that satisfy the jurisdictional requirements of Section 201 of the Uniform Interstate Family Support Act, and the final order:

(1) expressly identifies a child as a “child of the marriage, civil union, or substantially similar legal relationship”, “issue of the marriage, civil union, or substantially similar legal relationship”, or uses similar words indicating that a party to the marriage, civil union, or substantially similar legal relationship is the parent of the child; or (2) provides for support of the child by the parties to the marriage, civil union, or substantially similar legal relationship, unless parentage is specifically disclaimed in the order.

(d) Except as otherwise provided in subsection (b) of this Section, a determination of parentage may be a defense in a subsequent proceeding seeking to adjudicate parentage by an individual who was not a party to the earlier proceeding.
(e) A party to an adjudication of parentage may challenge the adjudication only under the laws of this State relating to appeal, vacation of judgments, or other judicial review.”

Other parts of Article 6 are: Section 611 Joinder of proceedings, Section 612 Proceeding before birth (see the discussion above regarding a Voluntary Acknowledgment of Paternity), Section 613 Child as party; representation including appointment of a Guardian ad Litem or Child’s Representative, Section 614 Admissibility of results of genetic testing; expenses, Section 616 Admission of parentage authorized, Section 617 Rules for adjudication of parentage, and Section 618 Pre-trial proceedings. Section 619 continues to prohibit a jury trial in paternity cases. Section 620 discusses Order on default, and Section 622 continues to deny custody or visitation to men who father through sexual assault or sexual abuse and the language of the current statute regarding settlement orders has been repealed in its entirety.

Article 7
Article 7, setting forth the procedures for parentage where there has been artificial insemination or assisted reproduction and dealing with the storage of embryos has been reserved. A trailer Bill will be introduced which will supersede 750 ILCS 401.

Article 8
Article 8 deals with support and judgment. This section incorporates terms of IMDMA for specific cases. The issue that attorneys will have to deal with is that pursuant to IMDMA, any contribution to attorney’s fees and the payment of interim attorney’s fees are advances from the marital estate. Here, there is no marital estate so if the court subjects the Act to strict interpretation, interim attorney’s fees and contribution to attorney’s fees are no longer available.

Section 8 also sets forth a new statute of limitation period for reimbursement of delivery and pregnancy expenses. Another note is that this Act was written prior to the passage of the modified IMDMA and still contains language regarding custody and visitation. It is likely that a trailer Bill will be introduced in the next legislative session correcting this language to match that of the IMDMA.

Specifically, Section 802 Judgment (formerly 750 ILCS 45/14) was adopted in total with the exception of the following:

“(a) The court shall issue an order adjudicating whether a person alleged or claiming to be the parent is the parent of the child. An order adjudicating parentage must identify the child by initials and year of birth. The court may assess filing fees, reasonable attorney’s fees, fees for genetic testing, other costs, necessary travel expenses, and other reasonable expenses incurred in a proceeding under this Act. The court may award attorney’s fees, which may be paid directly to the attorney, who may enforce the order in the attorney’s own name. The court may not assess fees, costs, or expenses against the support-enforcement agency of this State or another state, except as provided by other law. The judgment shall contain or explicitly reserve provisions concerning any duty and amount of child support and may contain provisions concerning the custody and guardianship of the child, parenting time privileges with the child, and the furnishing of bond or other security for the payment of the judgment, which the court shall determine in accordance with the relevant factors set forth in the Illinois Marriage and Dissolution of Marriage Act and any other applicable law of this State, to guide the court in a finding in the best interests of the child. In determining custody, joint custody, removal, parenting time, parenting time interference, support for a non-minor disabled child, educational expenses for a non-minor child, and related post-judgment issues, the court shall apply the relevant standards of the Illinois Marriage and Dissolution of Marriage Act. Specifically, in determining the amount of a child support award, the court shall use the guidelines and standards set forth in subsection (a) of Section 505 and in Section 505.2 of the Illinois Marriage and Dissolution of Marriage Act.”

Additional provisions of Ar ticle 8 are Section 803 Information to state case registry, Section 804 Information to locate putative fathers and noncustodial parents (750 ILCS 45/14.5) adopted with reference to parentage rather than paternity, (750 ILCS 45/15), Section 806 Unemployment of person owing duty of support, Section 807 Order of Protection; status, Section 808 Modification of judgment, Section 809 Right to counsel, Section 810 Withholding of income to secure payment of support, Section 811 Information concerning obligors, Section 812 Interest on support obligations, Section 813 Support payments; receiving and disbursing agents, Section 814 Notice of child support enforcement services (750 ILCS 45/28), Section 815 Payment of support to State Disbursement Unit and Section 816 Notice to the clerk of the circuit court of payment received by Department of Healthcare and Family Services.

Article 9
Article 9 contains miscellaneous provisions but sets out the burden of proof for this Act if it is not specifically stated elsewhere. Section 901 Burden of proof, states that: “Absent a burden of proof specifically set forth in this Act, the burden of proof shall be by a preponderance of the evidence.” The miscellaneous provisions of the Article are: Section 902 Severability clause, Section 903 Transitional provision for pending parentage cases filed prior to the institution of this Act. Section 904 the Savings provision, is important to read. It provides that: “The repeal of the Illinois Parentage Act of 1984 and the Illinois Parentage Act shall not affect rights or liabilities under those Acts which have been determined, settled, or adjudicated prior to the effective date of this Act or which are the subject of proceedings pending on the effective date of this Act. This Act shall not be construed to bar an action which would have been barred because the action had not been filed within a time limitation under the Illinois Parentage Act of 1984 and the Illinois Parentage Act, or which could not have been maintained under those Acts, as long as the action is not barred by a limitations period set forth in this Act. Section 905 Other states’ establishments of parentage, “Establishments of parentage made under the laws of other states shall be given full faith and credit in this State regardless of whether parentage was established through voluntary acknowledgment or through judicial or administrative processes.”

Raleigh D. Kalbfleisch is a sole practitioner concentrating in family law. She is a graduate of Purdue University and the Quinnipac University School Law and was a visiting student at Chicago Kent College of Law. She is an active member of the ISBA, DCBA and Family Law Section. She is First Vice President of D.A.W.L and on the Board of the DuPage County Bar Foundation, and is a member of the Family Violence Coordinating Counsel Judicial and Law Enforcement subcommittee.

 
 
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