In re Parentage of D.S.

Illinois Appellate Court
Civil Court
Parentage
Citation
Case Number: 
2021 IL App (1st) 192257
Decision Date: 
Tuesday, April 27, 2021
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Holding: 
Affirmed.
Justice: 
COBBS

Court dismissed with prejudice father's petition for declaration of parentage and allocation of parental responsibilities. Court made finding of clear and convincing evidence that Petitioner committed an act of nonconsensual sexual penetration which resulted in the conception of the minor daughter of Respondent mother. Lack of consent is presumed by law due to Respondent's age (ag 16 at time of child's birth). Thus, under subsection (a)(2) of Parentage Act, Petitioner is prohibited from parenting time with the child. The mother's alleged prior consent to Petitioner's parenting time, once given, may be withdrawn. Legislature intended to vest in the mother, in such situations of lack of consent, complete autonomy to decide the issue of parenting rights. Mother's consent under section 622 is not subject to a best interest of the child analysis.   (LAVIN and PUCINSKI, concurring.)