State of Illinois
90th General Assembly
Legislation

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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.

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