99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB6064

 

Introduced 2/11/2016, by Rep. John D. Cavaletto

 

SYNOPSIS AS INTRODUCED:
 
305 ILCS 5/1-8.6 new
410 ILCS 535/12

     Amends the Vital Records Act. Removes a provision concerning use of the biological father's name on the birth certificate if not married to the biological mother. Provides that if the unmarried mother cannot or refuses to name the child's father, either a father must be conclusively established by DNA evidence or, within 30 days after birth, another family member who will financially provide for the child must be named, in court, on the birth certificate. Provides that absent DNA evidence or a family member's name, a birth certificate will not be issued and the mother will be ineligible for financial aid from the State for support of the child. Provides an exception for artificially inseminated mothers. Amends the Illinois Public Aid Code. Provides that a family that does not comply with the Vital Records Act provision concerning birth certificates of unmarried mothers shall be ineligible for aid for support of the child. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Public Aid Code is amended by
5adding Section 1-8.6 as follows:
 
6    (305 ILCS 5/1-8.6 new)
7    Sec. 1-8.6. Birth certificates. A family unit shall be
8ineligible for any financial aid provided under this Code for
9the support of a child who has not been issued a birth
10certificate as provided in subsection (10) of Section 12 of the
11Vital Records Act.
 
12    Section 10. The Vital Records Act is amended by changing
13Section 12 as follows:
 
14    (410 ILCS 535/12)
15    Sec. 12. Live births; place of registration.
16    (1) Each live birth which occurs in this State shall be
17registered with the local or subregistrar of the district in
18which the birth occurred as provided in this Section, within 7
19days after the birth. When a birth occurs on a moving
20conveyance, the city, village, township, or road district in
21which the child is first removed from the conveyance shall be

 

 

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1considered the place of birth and a birth certificate shall be
2filed in the registration district in which the place is
3located.
4    (2) When a birth occurs in an institution, the person in
5charge of the institution or his designated representative
6shall obtain and record all the personal and statistical
7particulars relative to the parents of the child that are
8required to properly complete the live birth certificate; shall
9secure the required personal signatures on the hospital
10worksheet; shall prepare the certificate from this worksheet;
11and shall file the certificate with the local registrar. The
12institution shall retain the hospital worksheet permanently or
13as otherwise specified by rule. The physician in attendance
14shall verify or provide the date of birth and medical
15information required by the certificate, within 24 hours after
16the birth occurs.
17    (3) When a birth occurs outside an institution, the
18certificate shall be prepared and filed by one of the following
19in the indicated order of priority:
20        (a) The physician in attendance at or immediately after
21    the birth, or in the absence of such a person,
22        (b) Any other person in attendance at or immediately
23    after the birth, or in the absence of such a person,
24        (c) The father, the mother, or in the absence of the
25    father and the inability of the mother, the person in
26    charge of the premises where the birth occurred.

 

 

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1    (4) Unless otherwise provided in this Act, if the mother
2was not married to the father of the child at either the time
3of conception or the time of birth, the name of the father
4shall be entered on the child's birth certificate only if the
5mother and the person to be named as the father have signed an
6acknowledgment of parentage in accordance with subsection (5).
7    Unless otherwise provided in this Act, if the mother was
8married at the time of conception or birth and the presumed
9father (that is, the mother's husband) is not the biological
10father of the child, the name of the biological father shall be
11entered on the child's birth certificate only if, in accordance
12with subsection (5), (i) the mother and the person to be named
13as the father have signed an acknowledgment of parentage and
14(ii) the mother and presumed father have signed a denial of
15paternity.
16    (5) Upon the birth of a child to an unmarried woman, or
17upon the birth of a child to a woman who was married at the time
18of conception or birth and whose husband is not the biological
19father of the child, the institution at the time of birth and
20the local registrar or county clerk after the birth shall do
21the following:
22        (a) Provide (i) an opportunity for the child's mother
23    and father to sign an acknowledgment of parentage and (ii)
24    if the presumed father is not the biological father, an
25    opportunity for the mother and presumed father to sign a
26    denial of paternity. The signing and witnessing of the

 

 

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1    acknowledgment of parentage or, if the presumed father of
2    the child is not the biological father, the acknowledgment
3    of parentage and denial of paternity conclusively
4    establishes a parent and child relationship in accordance
5    with Sections 5 and 6 of the Illinois Parentage Act of 1984
6    and with the Illinois Parentage Act of 2015 on and after
7    the effective date of that Act.
8        The Department of Healthcare and Family Services shall
9    furnish the acknowledgment of parentage and denial of
10    paternity form to institutions, county clerks, and State
11    and local registrars' offices. The form shall include
12    instructions to send the original signed and witnessed
13    acknowledgment of parentage and denial of paternity to the
14    Department of Healthcare and Family Services. The
15    acknowledgement of paternity and denial of paternity form
16    shall also include a statement informing the mother, the
17    alleged father, and the presumed father, if any, that they
18    have the right to request deoxyribonucleic acid (DNA) tests
19    regarding the issue of the child's paternity and that by
20    signing the form, they expressly waive such tests. The
21    statement shall be set forth in bold-face capital letters
22    not less than 0.25 inches in height.
23        (b) Provide the following documents, furnished by the
24    Department of Healthcare and Family Services, to the
25    child's mother, biological father, and (if the person
26    presumed to be the child's father is not the biological

 

 

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1    father) presumed father for their review at the time the
2    opportunity is provided to establish a parent and child
3    relationship:
4            (i) An explanation of the implications of,
5        alternatives to, legal consequences of, and the rights
6        and responsibilities that arise from signing an
7        acknowledgment of parentage and, if necessary, a
8        denial of paternity, including an explanation of the
9        parental rights and responsibilities of child support,
10        visitation, custody, retroactive support, health
11        insurance coverage, and payment of birth expenses.
12            (ii) An explanation of the benefits of having a
13        child's parentage established and the availability of
14        parentage establishment and child support enforcement
15        services.
16            (iii) A request for an application for child
17        support enforcement services from the Department of
18        Healthcare and Family Services.
19            (iv) Instructions concerning the opportunity to
20        speak, either by telephone or in person, with staff of
21        the Department of Healthcare and Family Services who
22        are trained to clarify information and answer
23        questions about paternity establishment.
24            (v) Instructions for completing and signing the
25        acknowledgment of parentage and denial of paternity.
26        (c) Provide an oral explanation of the documents and

 

 

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1    instructions set forth in subdivision (5)(b), including an
2    explanation of the implications of, alternatives to, legal
3    consequences of, and the rights and responsibilities that
4    arise from signing an acknowledgment of parentage and, if
5    necessary, a denial of paternity. The oral explanation may
6    be given in person or through the use of video or audio
7    equipment.
8    (6) The institution, State or local registrar, or county
9clerk shall provide an opportunity for the child's father or
10mother to sign a rescission of parentage. The signing and
11witnessing of the rescission of parentage voids the
12acknowledgment of parentage and nullifies the presumption of
13paternity if executed and filed with the Department of
14Healthcare and Family Services (formerly Illinois Department
15of Public Aid) within the time frame contained in Section 5 of
16the Illinois Parentage Act of 1984 or Section 307 of the
17Illinois Parentage Act of 2015 on and after the effective date
18of that Act. The Department of Healthcare and Family Services
19shall furnish the rescission of parentage form to institutions,
20county clerks, and State and local registrars' offices. The
21form shall include instructions to send the original signed and
22witnessed rescission of parentage to the Department of
23Healthcare and Family Services.
24    (7) An acknowledgment of paternity signed pursuant to
25Section 6 of the Illinois Parentage Act of 1984 or Section 302
26of the Illinois Parentage Act of 2015 on and after the

 

 

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1effective date of that Act may be challenged in court only on
2the basis of fraud, duress, or material mistake of fact, with
3the burden of proof upon the challenging party. Pending outcome
4of a challenge to the acknowledgment of paternity, the legal
5responsibilities of the signatories shall remain in full force
6and effect, except upon order of the court upon a showing of
7good cause.
8    (8) When the process for acknowledgment of parentage as
9provided for under subsection (5) establishes the paternity of
10a child whose certificate of birth is on file in another state,
11the Department of Healthcare and Family Services shall forward
12a copy of the acknowledgment of parentage, the denial of
13paternity, if applicable, and the rescission of parentage, if
14applicable, to the birth record agency of the state where the
15child's certificate of birth is on file.
16    (9) In the event the parent-child relationship has been
17established in accordance with subdivision (a)(1) of Section 6
18of the Parentage Act of 1984, the names of the biological
19mother and biological father so established shall be entered on
20the child's birth certificate, and the names of the surrogate
21mother and surrogate mother's husband, if any, shall not be on
22the birth certificate.
23    (10) If an unmarried mother cannot or refuses to name the
24child's father at the time of birth, either:
25        (a) a father must be conclusively established by DNA
26    evidence; or

 

 

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1        (b) within 30 days after birth, another family member
2    who will financially provide for the child must be named,
3    in court, on the birth certificate.
4    If neither condition is met, a birth certificate shall not
5be issued for the child and the mother will be ineligible for
6any financial aid provided under the Illinois Public Aid Code
7for the support of the child.
8    However, if an artificially inseminated mother wishes to
9raise the child on her own, she may obtain a birth certificate
10for the child with only her name on the birth certificate if
11she signs a release stating that she waives her rights to any
12financial aid provided under the Illinois Public Aid Code for
13the support of the child.
14(Source: P.A. 99-85, eff. 1-1-16.)
 
15    Section 99. Effective date. This Act takes effect upon
16becoming law.