In re: the Parentage of H.L.B.

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2012 IL App (4th) 120437
Decision Date: 
September 27, 2012
District: 
4th Dist.
Division/County: 
Edgar Co.
Justice: 
COOK
Holding: 
Affirmed.
Alleged father of child did not sign voluntary acknowledgment of paternity (VAP), but signed Agreed Order to be bound by results of genetic testing and failed to appear for testing, so that default administrative paternity order was entered. Section 7(b-5) of Parentage Act claim for nonpaternity should be narrowly construed, and can be brought only under marital presumptions, not where presumption of paternity arises out of VAP. Claim for nonpaternity must be filed within 2 years of knowledge of relevant facts, not knowledge of all facts. Default administrative order, and dismissal of his paternity petition, are res judicata bar to nonpaternity claim. (APPLETON and KNECHT, concurring.)