Section Activities Summary

ISBA Central Discussions

Legislation

The Section Council reviewed 66 bills that may affect their members’ practice area. Highlights of the most recent legislative session include:

• House Bill 2568 creates the Equality for Every Family Act. Provides that the policy of Illinois is that a child has the same rights and protections under law to parentage without regard to the marital status, age, gender, gender identity or sexual orientation of the child's parents, or the circumstances of the child's birth, including whether the child was born as a result of assisted reproduction or surrogacy. Provides for who may sign an acknowledgment of parentage to establish the parentage of a child. Changes provisions regarding the use of genetic testing. Provides that a parentage proceeding under the Gestational Surrogacy Act may be commenced in any county in the State. Makes requirements for a gestational surrogacy agreement and damages for a breach of such an agreement. Provides for a process for a confirmatory adoption for children born through assisted reproduction. Provides that a proceeding to adjudicate parentage that was commenced before the effective date of the amendatory Act is governed by the law in effect at the time the proceeding was commenced. Drop date Aug. 8, 2025; effective immediately, except that some provisions amending the Illinois Parentage Act of 2015 are effective Jan. 1, 2026.
• House Bill 2873 amends the Stalking No Contact Order Act. Expands the definition of "stalking" to include harassment that is conduct that is not necessary to accomplish a purpose that is reasonable under the circumstances, would cause a reasonable person emotional distress, and causes emotional distress to the petitioner. Creates a rebuttable presumption that the following conduct is presumed to cause emotional distress: (i) creating a disturbance at the petitioner's place of employment or school; (ii) repeatedly telephoning the petitioner's place of employment, home, or residence after being told by the petitioner or the petitioner's employer to stop calling; (iii) repeatedly following the petitioner about in a public place or places; (iv) repeatedly keeping the petitioner under surveillance by remaining present outside his or her home, school, place of employment, vehicle, or other place occupied by the petitioner or by peering in the petitioner's windows; (v) threatening the safety of the petitioner's minor child or family member; or (vi) threatening physical force, confinement, or restraint on one or more occasions. Excludes from the definition of “stalking” labor compliance activity, such as monitoring compliance with public or worker safety laws, wage and hour requirements, or other statutory requirements.
• Senate Bill 27 is proposed by the Illinois State Bar Association’s Family Law Section Council, which identified an inconsistency regarding the date upon which child support must terminate under the Illinois Marriage and Dissolution of Marriage Act (IMDMA). While Section 5/505(a) of the IMDMA refers to “any child age 19 or younger”, all other relevant sections of the IMDMA and the Illinois Parentage Act refer to a child attaining age 19. The concern is that the former allows child support as defined by Section 505 to continue until the day before a child turns 20 while all of the other statutory provisions require a termination date no later than a child’s 19th birthday. So, SB 26 amends the language set forth in 750 ILCS 5/505(a) to be consistent with the language used in 750 ILCS 5/505(g) and 750 ILCS 46/801(d).