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| | 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. |
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| | A BILL FOR |
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| | HB5309 | | LRB103 38810 JRC 68947 b |
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1 | | AN ACT concerning civil law. |
2 | | Be it enacted by the People of the State of Illinois, |
3 | | represented in the General Assembly: |
4 | | Section 1. This Act may be referred to as the Good Dad's |
5 | | Act . |
6 | | Section 5. The Illinois Parentage Act of 2015 is amended |
7 | | by 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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| | HB5309 | - 2 - | LRB103 38810 JRC 68947 b |
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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 |
26 | | Section, the presumption which on the facts is founded on the |
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| | HB5309 | - 3 - | LRB103 38810 JRC 68947 b |
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1 | | weightier considerations of policy and logic, especially the |
2 | | policy of promoting the child's best interests, controls. |
3 | | (c) Nothing in this Section may be construed as to limit |
4 | | the 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 |
8 | | proceeding may be maintained to adjudicate the parentage of a |
9 | | child and allocate parental responsibilities and child support |
10 | | under this Act as provided in Parts V and VI of the Illinois |
11 | | Marriage and Dissolution of Marriage Act . The proceeding is |
12 | | governed by the Code of Civil Procedure and Illinois Supreme |
13 | | Court Rules. Administrative proceedings adjudicating paternity |
14 | | shall be governed by Section 10-17.7 of the Illinois Public |
15 | | Aid Code. |
16 | | (Source: P.A. 99-85, eff. 1-1-16 .) |