In re A.A.

Illinois Appellate Court
Civil Court
Paternity
Citation
Case Number: 
2014 IL App (5th) 140252
Decision Date: 
Tuesday, October 28, 2014
District: 
5th Dist.
Division/County: 
Jefferson Co.
Holding: 
Affirmed and remanded.
Justice: 
GOLDENHERSH
Respondent signed Voluntary Acknowledgement of Paternity (VAP) as to minor infant. DNA testing later revealed that Respondent is not the biological father of minor, but that a deceased man is minor's father. Court granted GAL's petition to declare nonexistence of parent-child relationship between Respondent and minor. The "best interests" standard does not come into play where evidence clearly shows that Respondent is not biological father of minor; for that standard to apply, the party must first be a parent. A man who has signed VAP and lists himself as father on child's birth certificate is only presumed to be child's father, but presumption can be rebutted by clear and convicing evidence that another man is child's biological father. (WELCH and STEWART, concurring.)