(750 ILCS 45/7)
(from Ch. 40, par. 2507)
Determination of Father and Child Relationship; Who May Bring
(a) An action to determine the existence of the father and child
relationship, whether or not such a relationship is already presumed under
Section 5 of this Act, may be brought by the child; the mother; a pregnant
woman; any person or public agency who has custody of, or is providing or has
provided financial support to, the child; the Department of Healthcare and Family Services if it is providing or has provided financial support to the child or if it
is assisting with child support collection services; or a man presumed or
to be the father of the child or expected child. The complaint shall be
verified and shall name the person or persons alleged to be the father of the
(b) An action to declare the non-existence of the parent and child
relationship may be brought by the child, the natural mother, or a man
presumed to be the father under subdivision (a)(1) or (a)(2) of Section 5
of this Act. Actions brought by the child, the natural mother
or a presumed father shall be brought by verified complaint.
After the presumption that a man presumed to be the father under
subdivision (a)(1) or (a)(2) of Section 5
has been rebutted, paternity of the
child by another man may be determined in the same action, if he has been made
(b-5) An action to declare the non-existence of the parent and child
relationship may be brought subsequent to an adjudication of paternity in any
judgment by the man adjudicated to be the father pursuant to the presumptions
in Section 5 of this Act if, as a result of deoxyribonucleic acid (DNA) tests,
is discovered that the man adjudicated to be the father is not the natural
father of the child. Actions brought by the adjudicated father shall be
brought by verified complaint. If, as a result of the deoxyribonucleic acid
(DNA) tests, the plaintiff is determined not to be the father of the child, the
adjudication of paternity and any orders regarding custody, visitation, and
future payments of support may be vacated.
(c) If any party is a minor, he or she may be represented by his or her
general guardian or a guardian ad litem appointed by the court, which may
include an appropriate agency. The court may align the parties.
(d) Regardless of its terms, an agreement, other than a settlement
approved by the court, between an alleged or presumed father and the mother
or child, does not bar an action under this Section.
(e) If an action under this Section is brought before the birth of the
child, all proceedings shall be stayed until after the birth, except for
service or process, the taking of depositions to perpetuate testimony, and
the ordering of blood tests under appropriate circumstances.
(Source: P.A. 95-331, eff. 8-21-07.)