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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.