103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5309

 

Introduced 2/9/2024, by Rep. La Shawn K. Ford

 

SYNOPSIS AS INTRODUCED:
 
750 ILCS 46/204
750 ILCS 46/601

    Amends the Parentage Act of 2015. Provides that a civil or administrative proceeding may be maintained to adjudicate the parentage of a child and allocate parent responsibilities under this Act. Provides that nothing in the presumption of parentage Section may be construed as to limit the rights of an unmarried parent.


LRB103 38810 JRC 68947 b

 

 

A BILL FOR

 

HB5309LRB103 38810 JRC 68947 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. This Act may be referred to as the Good Dad's
5Act.
 
6    Section 5. The Illinois Parentage Act of 2015 is amended
7by changing Sections 204 and 601 as follows:
 
8    (750 ILCS 46/204)
9    Sec. 204. Presumption of parentage.
10    (a) A person is presumed to be the parent of a child if:
11        (1) the person and the mother of the child have
12    entered into a marriage, civil union, or substantially
13    similar legal relationship, and the child is born to the
14    mother during the marriage, civil union, or substantially
15    similar legal relationship, except as provided in the
16    Gestational Surrogacy Act or other law;
17        (2) the person and the mother of the child were in a
18    marriage, civil union, or substantially similar legal
19    relationship and the child is born to the mother within
20    300 days after the marriage, civil union, or substantially
21    similar legal relationship is terminated by death,
22    declaration of invalidity of marriage, judgment for

 

 

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1    dissolution of marriage, civil union, or substantially
2    similar legal relationship, or after a judgment for legal
3    separation, except as provided in the Gestational
4    Surrogacy Act or other law;
5        (3) before the birth of the child, the person and the
6    mother of the child entered into a marriage, civil union,
7    or substantially similar legal relationship in apparent
8    compliance with law, even if the attempted marriage, civil
9    union, or substantially similar legal relationship is or
10    could be declared invalid, and the child is born during
11    the invalid marriage, civil union, or substantially
12    similar legal relationship or within 300 days after its
13    termination by death, declaration of invalidity of
14    marriage, judgment for dissolution of marriage, civil
15    union, or substantially similar legal relationship, or
16    after a judgment for legal separation, except as provided
17    in the Gestational Surrogacy Act or other law; or
18        (4) after the child's birth, the person and the
19    child's mother have entered into a marriage, civil union,
20    or substantially similar legal relationship, even if the
21    marriage, civil union, or substantially similar legal
22    relationship is or could be declared invalid, and the
23    person is named, with the person's written consent, as the
24    child's parent on the child's birth certificate.
25    (b) If 2 or more conflicting presumptions arise under this
26Section, the presumption which on the facts is founded on the

 

 

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1weightier considerations of policy and logic, especially the
2policy of promoting the child's best interests, controls.
3    (c) Nothing in this Section may be construed as to limit
4the rights of an unmarried parent.
5(Source: P.A. 99-85, eff. 1-1-16; 99-769, eff. 1-1-17.)
 
6    (750 ILCS 46/601)
7    Sec. 601. Proceeding authorized. A civil or administrative
8proceeding may be maintained to adjudicate the parentage of a
9child and allocate parental responsibilities and child support
10under this Act as provided in Parts V and VI of the Illinois
11Marriage and Dissolution of Marriage Act. The proceeding is
12governed by the Code of Civil Procedure and Illinois Supreme
13Court Rules. Administrative proceedings adjudicating paternity
14shall be governed by Section 10-17.7 of the Illinois Public
15Aid Code.
16(Source: P.A. 99-85, eff. 1-1-16.)