Petitioner requested that the Court enter an order declaring the non-existence of a parental relationship after she informed the court and her guardian ad litem that the Responded might not be her biological father. Respondent argued that because Petitioner became aware that he might not be her biological father when she was 10 and did not petition the court until she was 13, her petition was untimely. The Illinois Parentage Act requires that the proceedings be brought within 2 years of when the petitioner knew or should have known about the facts that support the petition. Even though the Act allows for an action to be brought by a child, a child cannot bring a petition on their own until they are 18 or are represented by another party entitled to bring legal proceedings on their behalf. Therefore, the petition was not untimely because the minor did not have the legal capacity to bring a petition until she was appointed a guardian ad litem. (HYMAN and PIERCE concurring.)
Illinois Appellate Court
Civil Court
Termination of Parental Rights