Ralda-Sanden v. Sanden

Illinois Appellate Court
Civil Court
Case Number: 
2013 IL App (1st) 121117
Decision Date: 
April 30, 2013
1st Dist.
Cook Co., 2d Div.
Reversed and remanded.
Daughter filed complaint to establish paternity against Defendant, at age 22, three months after first learning of her father's identity. Daughter and her mother filed uncontroverted affidavits that mother, who had been a live-in nanny for Defendant, was raped by him, she never told daughter of his identity, and told her that he died in car accident. Courts may apply equitable tolling doctrine to allow a child to file a parentage claim past the Section 8(a)(1) statute of limitations period of the Illinois Parentage Act. (SIMON, specially concurring; CONNORS, dissenting.)