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90_SB1259enr
735 ILCS 5/2-1401 from Ch. 110, par. 2-1401
Amends the Code of Civil Procedure. Provides that a
petition for relief from any judgment establishing a parent
and child relationship may be filed at any time to declare
the non-existence of the parent and child relationship by a
man adjudicated to be the father. Provides that an affidavit
shall be attached to the petition stating either (1) that the
parties have submitted to DNA tests and that the results of
those tests show that there is a reasonable probability that
the plaintiff is not the parent of the child, with a report
containing the results of the test attached, or (2) that the
affiant is willing to submit to and pay for DNA tests, but
that the natural mother or the child has refused to submit to
such test. Provides that if, as a result of the 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 shall be
vacated. Bars actions in cases in which the paternity of the
petitioner has previously been established by a DNA test.
Effective immediately.
LRB9008459SMdvA
SB1259 Enrolled LRB9008459SMdvA
1 AN ACT concerning parentage.
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
5 by changing Sections 7 and 8 as follows:
6 (750 ILCS 45/7) (from Ch. 40, par. 2507)
7 Sec. 7. Determination of Father and Child Relationship;
8 Who May Bring Action; Parties.
9 (a) An action to determine the existence of the father
10 and child relationship, whether or not such a relationship is
11 already presumed under Section 5 of this Act, may be brought
12 by the child; the mother; a pregnant woman; any person or
13 public agency who has custody of, or is providing or has
14 provided financial support to, the child; the Illinois
15 Department of Public Aid if it is providing or has provided
16 financial support to the child or if it is assisting with
17 child support collection services; or a man presumed or
18 alleging himself to be the father of the child or expected
19 child. The complaint shall be verified and shall name the
20 person or persons alleged to be the father of the child.
21 (b) An action to declare the non-existence of the parent
22 and child relationship may be brought by the child, the
23 natural mother, or a man presumed to be the father under
24 subdivision (a)(1) or (a)(2) of Section 5 of this Act.
25 Actions brought by the child, the natural mother or a
26 presumed father shall be brought by verified complaint.
27 After the presumption that a man presumed to be the
28 father under subdivision (a)(1) or (a)(2) of Section 5 has
29 been rebutted, paternity of the child by another man may be
30 determined in the same action, if he has been made a party.
31 (b-5) An action to declare the non-existence of the
SB1259 Enrolled -2- LRB9008459SMdvA
1 parent and child relationship may be brought subsequent to an
2 adjudication of paternity in any judgment by the man
3 adjudicated to be the father pursuant to the presumptions in
4 Section 5 of this Act if, as a result of deoxyribonucleic
5 acid (DNA) tests, it is discovered that the man adjudicated
6 to be the father is not the natural father of the child.
7 Actions brought by the adjudicated father shall be brought by
8 verified complaint. If, as a result of the deoxyribonucleic
9 acid (DNA) tests, the plaintiff is determined not to be the
10 father of the child, the adjudication of paternity and any
11 orders regarding custody, visitation, and future payments of
12 support may be vacated.
13 (c) If any party is a minor, he or she may be
14 represented by his or her general guardian or a guardian ad
15 litem appointed by the court, which may include an
16 appropriate agency. The court may align the parties.
17 (d) Regardless of its terms, an agreement, other than a
18 settlement approved by the court, between an alleged or
19 presumed father and the mother or child, does not bar an
20 action under this Section.
21 (e) If an action under this Section is brought before
22 the birth of the child, all proceedings shall be stayed until
23 after the birth, except for service or process, the taking of
24 depositions to perpetuate testimony, and the ordering of
25 blood tests under appropriate circumstances.
26 (Source: P.A. 89-674, eff. 8-14-96; 90-18, eff. 7-1-97.)
27 (750 ILCS 45/8) (from Ch. 40, par. 2508)
28 Sec. 8. Statute of limitations.
29 (a) (1) An action brought by or on behalf of a child, an
30 action brought by a party alleging that he or she is the
31 child's natural parent, or an action brought by the
32 Illinois Department of Public Aid, if it is providing or
33 has provided financial support to the child or if it is
SB1259 Enrolled -3- LRB9008459SMdvA
1 assisting with child support collection services, shall
2 be barred if brought later than 2 years after the child
3 reaches the age of majority; however, if the action on
4 behalf of the child is brought by a public agency, other
5 than the Illinois Department of Public Aid if it is
6 providing or has provided financial support to the child
7 or if it is assisting with child support collection
8 services, it shall be barred 2 years after the agency has
9 ceased to provide assistance to the child.
10 (2) Failure to bring an action within 2 years shall
11 not bar any party from asserting a defense in any action
12 to declare the non-existence of the parent and child
13 relationship.
14 (3) An action to declare the non-existence of the
15 parent and child relationship brought under subsection
16 (b) of Section 7 of this Act shall be barred if brought
17 later than 2 years after the petitioner obtains knowledge
18 of relevant facts. The 2-year period for bringing an
19 action to declare the nonexistence of the parent and
20 child relationship shall not extend beyond the date on
21 which the child reaches the age of 18 years. Failure to
22 bring an action within 2 years shall not bar any party
23 from asserting a defense in any action to declare the
24 existence of the parent and child relationship.
25 (4) An action to declare the non-existence of the
26 parent and child relationship brought under subsection
27 (b-5) of Section 7 of this Act shall be barred if brought
28 more than 6 months after the effective date of this
29 amendatory Act of 1998 or more than 2 years after the
30 petitioner obtains actual knowledge of relevant facts,
31 whichever is later. The 2-year period shall not apply to
32 periods of time where the natural mother or the child
33 refuses to submit to deoxyribonucleic acid (DNA) tests.
34 The 2-year period for bringing an action to declare the
SB1259 Enrolled -4- LRB9008459SMdvA
1 nonexistence of the parent and child relationship shall
2 not extend beyond the date on which the child reaches the
3 age of 18 years. Failure to bring an action within 2
4 years shall not bar any party from asserting a defense in
5 any action to declare the existence of the parent and
6 child relationship.
7 (b) The time during which any party is not subject to
8 service of process or is otherwise not subject to the
9 jurisdiction of the courts of this State shall toll the
10 aforementioned periods.
11 (c) This Act does not affect the time within which any
12 rights under the Probate Act of 1975 may be asserted beyond
13 the time provided by law relating to distribution and closing
14 of decedent's estates or to the determination of heirship, or
15 otherwise.
16 (Source: P.A. 89-674, eff. 8-14-96; 90-18, eff. 7-1-97.)
17 Section 99. Effective date. This Act takes effect upon
18 becoming law.