HB1021 Enrolled LRB093 05534 DRJ 05626 b

1     AN ACT concerning family law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Illinois Parentage Act of 1984 is amended by
5 changing Section 6 as follows:
 
6     (750 ILCS 45/6)  (from Ch. 40, par. 2506)
7     Sec. 6. Establishment of Parent and Child Relationship by
8 Consent of the Parties.
9     (a) A parent and child relationship may be established
10 voluntarily by the signing and witnessing of a voluntary
11 acknowledgment of parentage in accordance with Section 12 of
12 the Vital Records Act, Section 10-17.7 of the Illinois Public
13 Aid Code, or the provisions of the Gestational Surrogacy Act.
14 The voluntary acknowledgment of parentage shall contain the
15 social security numbers of the persons signing the voluntary
16 acknowledgment of parentage; however, failure to include the
17 social security numbers of the persons signing a voluntary
18 acknowledgment of parentage does not invalidate the voluntary
19 acknowledgment of parentage.
20         (1) A parent-child relationship may be established in
21     the event of gestational surrogacy if all of the following
22     conditions are met prior to the birth of the child:
23             (A) The gestational surrogate certifies that she
24         is not the biological mother of the child, and that she
25         is carrying the child for the intended parents.
26             (B) The husband, if any, of the gestational
27         surrogate certifies that he is not the biological
28         father of the child.
29             (C) The intended mother certifies that she
30         provided or an egg donor donated the egg from which the
31         child being carried by the gestational surrogate was
32         conceived.

 

 

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1             (D) The intended father certifies that he provided
2         or a sperm donor donated the sperm from which the child
3         being carried by the gestational surrogate was
4         conceived.
5             (E) A physician licensed to practice medicine in
6         all its branches in the State of Illinois certifies
7         that the child being carried by the gestational
8         surrogate is the biological child of the intended
9         mother or the and intended father or both and that
10         neither the gestational surrogate nor the gestational
11         surrogate's husband, if any, is a biological parent of
12         the child being carried by the gestational surrogate.
13             (E-5) The attorneys for the intended parents and
14         the gestational surrogate each certifies that the
15         parties entered into a gestational surrogacy contract
16         intended to satisfy the requirements of Section 25 of
17         the Gestational Surrogacy Act with respect to the
18         child.
19             (F) All certifications shall be in writing and
20         witnessed by 2 competent adults who are not the
21         gestational surrogate, gestational surrogate's
22         husband, if any, intended mother, or intended father.
23         Certifications shall be on forms prescribed by the
24         Illinois Department of Public Health, shall be
25         executed prior to the birth of the child, and shall be
26         placed in the medical records of the gestational
27         surrogate prior to the birth of the child. Copies of
28         all certifications shall be delivered to the Illinois
29         Department of Public Health prior to the birth of the
30         child.
31         (2) Unless otherwise determined by order of the Circuit
32     Court, the child shall be presumed to be the child of the
33     gestational surrogate and of the gestational surrogate's
34     husband, if any, if all requirements of subdivision (a)(1)
35     are not met prior to the birth of the child. This
36     presumption may be rebutted by clear and convincing

 

 

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1     evidence. The circuit court may order the gestational
2     surrogate, gestational surrogate's husband, intended
3     mother, intended father, and child to submit to such
4     medical examinations and testing as the court deems
5     appropriate.
6     (b) Notwithstanding any other provisions of this Act,
7 paternity established in accordance with subsection (a) has the
8 full force and effect of a judgment entered under this Act and
9 serves as a basis for seeking a child support order without any
10 further proceedings to establish paternity.
11     (c) A judicial or administrative proceeding to ratify
12 paternity established in accordance with subsection (a) is
13 neither required nor permitted.
14     (d) A signed acknowledgment of paternity entered under this
15 Act may be challenged in court only on the basis of fraud,
16 duress, or material mistake of fact, with the burden of proof
17 upon the challenging party. Pending outcome of the challenge to
18 the acknowledgment of paternity, the legal responsibilities of
19 the signatories shall remain in full force and effect, except
20 upon order of the court upon a showing of good cause.
21     (e) Once a parent and child relationship is established in
22 accordance with subsection (a), an order for support may be
23 established pursuant to a petition to establish an order for
24 support by consent filed with the clerk of the circuit court. A
25 copy of the properly completed acknowledgment of parentage form
26 shall be attached to the petition. The petition shall ask that
27 the circuit court enter an order for support. The petition may
28 ask that an order for visitation, custody, or guardianship be
29 entered. The filing and appearance fees provided under the
30 Clerks of Courts Act shall be waived for all cases in which an
31 acknowledgment of parentage form has been properly completed by
32 the parties and in which a petition to establish an order for
33 support by consent has been filed with the clerk of the circuit
34 court. This subsection shall not be construed to prohibit
35 filing any petition for child support, visitation, or custody
36 under this Act, the Illinois Marriage and Dissolution of

 

 

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1 Marriage Act, or the Non-Support Punishment Act. This
2 subsection shall also not be construed to prevent the
3 establishment of an administrative support order in cases
4 involving persons receiving child support enforcement services
5 under Article X of the Illinois Public Aid Code.
6 (Source: P.A. 92-16, eff. 6-28-01; 93-921, eff. 1-1-05.)
 
7     Section 99. Effective date. This Act takes effect upon
8 becoming law.