(750 ILCS 46/608) Sec. 608. Limitation; child having presumed parent. (a) An action to challenge a presumption of parentage under Section 204 of this Act must be commenced by an individual other than the child not later than 2 years after the petitioner knew or should have known of the relevant facts. The time the petitioner is under legal disability or duress or the ground for relief is fraudulently concealed shall be excluded in computing the period of 2 years. The 2-year limitation does not apply to an action by the child. (b) A proceeding seeking to declare the non-existence of the parent-child relationship between a child and the child's presumed parent may be maintained at any time by a person described in paragraphs (1) through (4) of subsection (a) of Section 204 of this Act if the court determines that the presumed parent and the woman or individual who gave birth to the child neither cohabited nor engaged in sexual intercourse with each other during the probable time of conception. (c) If in a proceeding to adjudicate a presumed parent's parentage, another individual in addition to the woman or individual who gave birth to the child asserts a claim to parentage of the child, the court shall adjudicate parentage under Section 610.(Source: P.A. 104-448, eff. 12-12-25.) |