Public Act 90-0715 of the 90th General Assembly
Public Act 90-0715
SB1259 Enrolled LRB9008459SMdvA
AN ACT concerning parentage.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Parentage Act of 1984 is amended
by changing Sections 7 and 8 as follows:
(750 ILCS 45/7) (from Ch. 40, par. 2507)
Sec. 7. Determination of Father and Child Relationship;
Who May Bring Action; Parties.
(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 Illinois
Department of Public Aid 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
alleging himself 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 child.
(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 a party.
(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, it 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. 89-674, eff. 8-14-96; 90-18, eff. 7-1-97.)
(750 ILCS 45/8) (from Ch. 40, par. 2508)
Sec. 8. Statute of limitations.
(a) (1) An action brought by or on behalf of a child, an
action brought by a party alleging that he or she is the
child's natural parent, or an action brought by the
Illinois Department of Public Aid, if it is providing or
has provided financial support to the child or if it is
assisting with child support collection services, shall
be barred if brought later than 2 years after the child
reaches the age of majority; however, if the action on
behalf of the child is brought by a public agency, other
than the Illinois Department of Public Aid if it is
providing or has provided financial support to the child
or if it is assisting with child support collection
services, it shall be barred 2 years after the agency has
ceased to provide assistance to the child.
(2) Failure to bring an action within 2 years shall
not bar any party from asserting a defense in any action
to declare the non-existence of the parent and child
relationship.
(3) An action to declare the non-existence of the
parent and child relationship brought under subsection
(b) of Section 7 of this Act shall be barred if brought
later than 2 years after the petitioner obtains knowledge
of relevant facts. The 2-year period for bringing an
action to declare the nonexistence of the parent and
child relationship shall not extend beyond the date on
which the child reaches the age of 18 years. Failure to
bring an action within 2 years shall not bar any party
from asserting a defense in any action to declare the
existence of the parent and child relationship.
(4) An action to declare the non-existence of the
parent and child relationship brought under subsection
(b-5) of Section 7 of this Act shall be barred if brought
more than 6 months after the effective date of this
amendatory Act of 1998 or more than 2 years after the
petitioner obtains actual knowledge of relevant facts,
whichever is later. The 2-year period shall not apply to
periods of time where the natural mother or the child
refuses to submit to deoxyribonucleic acid (DNA) tests.
The 2-year period for bringing an action to declare the
nonexistence of the parent and child relationship shall
not extend beyond the date on which the child reaches the
age of 18 years. Failure to bring an action within 2
years shall not bar any party from asserting a defense in
any action to declare the existence of the parent and
child relationship.
(b) The time during which any party is not subject to
service of process or is otherwise not subject to the
jurisdiction of the courts of this State shall toll the
aforementioned periods.
(c) This Act does not affect the time within which any
rights under the Probate Act of 1975 may be asserted beyond
the time provided by law relating to distribution and closing
of decedent's estates or to the determination of heirship, or
otherwise.
(Source: P.A. 89-674, eff. 8-14-96; 90-18, eff. 7-1-97.)
Section 99. Effective date. This Act takes effect upon
becoming law.