Illinois Bar Journal


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Articles on Paternity

From the Discussions - What rights does a man have to determine the parentage of an unborn child? October 2016 Article, Page 50 Q. Under the new parentage act, a man can bring an action against a pregnant woman under 46/602(d) as a "man....alleging himself to be the parent of the child"....Is that the only reference?
Statutory Parenthood for Same-Sex Partners By Professor Jeffrey A. Parness December 2011 Column, Page 636 The Illinois Parentage Act should be amended to make it easier for same-sex partners to establish their parenthood.
Amendments clarify rights with respect to contested paternity. PA 096-0333 February 2010 Illinois Law Update, Page 72 State lawmakers amended the Vital Records Act with respect to the procedures for registering certain live births. 410 ILCS 535/12.
Visitation By Biological Boyfriend-Father By H. Joseph Gitlin October 2007 Column, Page 556 A biological father from a wife's extra-marital affair can win visitation with his child.
Reforming Paternity Procedures: A Dannielynn in Illinois By Professor Jeffrey A. Parness June 2007 Column, Page 324 What would have happened if Anna Nicole Smith's daughter had been born in Illinois?
J.S.A. - the supreme court peers into a tangled paternity web By Helen W. Gunnarsson March 2007 LawPulse, Page 118 A convoluted paternity case examines the interplay between the parentage and adoption acts and raises as many questions as it answers.
Supreme court to rule on putative father registry By Helen W. Gunnarsson August 2006 LawPulse, Page 398 Some say the registry protects adoptive parents and children from belated, unwelcome interest by a biological dad. Others say it unfairly cuts a birth father out of his child's life.     
All in the (nontraditional) family By Helen W. Gunnarsson December 2004 LawPulse, Page 614 The supreme court rules that a man can't vacate a voluntary acknowledgement of paternity even if DNA evidence shows he isn't the father.
Trial court abused its discretion by entering a judgment of paternity as a sanction for refusal to submit to DNA tests, because the court-imposed findings did not serve any interests of the minor child, putative parent, or state February 2004 Illinois Law Update, Page 70 On November 24, 2003, the Appellate Court of Illinois, First District, reversed judgments of paternity of the Circuit Court of Cook County in three consolidated cases and remanded for further proceedings. 
A biological father of a stillborn child who can establish his parentage is the “next of kin.” January 2004 Illinois Law Update, Page 16 On October 17, 2003, the Illinois Supreme Court affirmed the judgment of the appellate court, holding that a claimed biological father of a stillborn child has standing to prove his parentage and serve as administrator of the child's estate in a wrongful death case.
Parentage Act does not bar common law claims alleging boyfriend should pay child support for children conceived through artificial insemination, but claim for paternity barred because mother did not obtain his written consent to insemination May 2003 Illinois Law Update, Page 226 On February 6, 2003, the Illinois Supreme Court held that a mother's failure to obtain the written consent of the putative father to artificial insemination precluded her claim for paternity under the Illinois Parentage Act.
Challenging DNA in Paternity Cases: Finding Weaknesses in an Evidentiary Goliath By Carl W. Gilmore September 2002 Article, Page 472 Though it's difficult to overcome DNA evidence, the author urges you to mount a challenge when the circumstances warrant.
Using DNA Evidence to Overcome the Presumption of Paternity By Ronda D. Taylor and Glen and Gene Carson Brucker September 2002 Article, Page 464 Subsection 7(b-5) of the Illinois Parentage Act allows a man adjudicated ''father'' to use genetic testing to show that he is not.
Adjudicated parent seeking to declare nonexistence of relationship between him and child must first obtain DNA test results disproving paternity March 2002 Illinois Law Update, Page 120 On November 21, 2001, the Illinois Supreme Court affirmed the judgment of the appellate court ruling that obtaining DNA test results disproving paternity is a condition precedent to the filing of an action to declare the nonexistence of a parent and child relationship.
Definitions and disclosure amended December 2001 Illinois Law Update, Page 624 On September 14, 2001, the Illinois Department of Children and Family Services (department) adopted amendments and additions to section 301 of the Illinois Administrative Code. 89 Ill Adm Code 301.
New Appeal Rights in Administrative Hearings in Paternity and Child Support Cases December 1998 Illinois Law Update, Page 662 On September 10, 1998, the Department of Public Aid adopted emergency amendments to various parts of section 104 of its administrative rules pursuant to Public Act 90-104. 89 Ill Adm Code 104.
DNA Testing Vacates Prior Paternity Action—PA 90-715 November 1998 Illinois Law Update, Page 596 Amending the Parentage Act, this bill allows an individual to bring an action to declare the non-existence of the parent and child relationship.