Illinois General Assembly - 750 ILCS 46/ Illinois Parentage Act of 2015.

(750 ILCS 46/Art. 4 heading) ARTICLE 4. GENETIC TESTING (Source: P.A. 99-85, eff. 1-1-16.)

(750 ILCS 46/401)

Sec. 401. Proceeding authorized.

(a) As soon as practicable, a court, or an administrative hearing officer in an Expedited Child Support System may, subject to subsection (c), order or direct a woman or person who gave birth to the child, the child, and an alleged, acknowledged parent, adjudicated parent, or the presumed parent to submit to deoxyribonucleic acid (DNA) testing to determine inherited characteristics.

(b) A court, or an administrative hearing officer in an Expedited Child Support System, upon the request of any party, or the child, shall, subject to subsection (c), order or direct a woman or person who gave birth to the child, the child, and a presumed, acknowledged, alleged, or adjudicated parent to submit to deoxyribonucleic acid (DNA) testing to determine inherited characteristics unless the court determines that (1) the conduct of the parent, acknowledged parent, adjudicated parent, or the presumed parent estops that party from denying parentage; (2) it would be inequitable to disprove the parent-child relationship between the child and the presumed, acknowledged, or adjudicated parent, and (3) that it is in the child's best interest to deny DNA testing considering the factors in Section 610(a)(3). It is presumed to be equitable and in the best interest of the child to grant a motion by the child seeking an order for genetic testing. The presumption may be overcome by clear and convincing evidence that extraordinary circumstances exist making the genetic testing contrary to the child's best interests. The court's order denying a child's request for genetic testing must state the basis upon which the presumption was overcome. The court's order granting a child's request for genetic testing must specify the ways in which testing results may be used for purposes of protecting the child's best interests. In a proceeding involving the application of this Section, a minor or incapacitated child must be represented by a guardian ad litem, child's representative, or attorney for the child.

(c) Genetic testing may not be used to (1) challenge the parentage of a person who is a parent under Article 7 or the Gestational Surrogacy Act, inclusive, or (2) establish the parentage of a person who is a donor.

(Source: P.A. 104-448, eff. 12-12-25.)

(750 ILCS 46/402)

Sec. 402. Requirements for genetic testing.

(a) The genetic testing shall be conducted by an expert qualified as an examiner of blood or tissue types and appointed by the court. The expert shall determine the genetic testing procedures. However, any interested party, for good cause shown, in advance of the scheduled genetic testing, may request a hearing to object to the qualifications of the expert or the genetic testing procedures. The expert appointed by the court shall testify at the pre-test hearing at the expense of the party requesting the hearing, except for an indigent party as provided in Section 405 of this Act. An expert not appointed by the court shall testify at the pre-test hearing at the expense of the party retaining the expert. Inquiry into an expert's qualifications at the pre-test hearing shall not affect either party's right to have the expert qualified at trial.

(b) Genetic testing must be of a type reasonably relied upon by experts in the field of genetic testing and performed in a testing laboratory accredited by the American Association of Blood Banks or a successor to its functions.

(c) A specimen used in genetic testing may consist of one or more samples, or a combination of samples, of blood, buccal cells, bone, hair, or other body tissue or fluid.

(d) The testing laboratory shall determine the databases from which to select frequencies for use in calculation of the probability of parentage based on the ethnic or racial group of an individual or individuals. If there is disagreement as to the testing laboratory's choice, the following rules apply:

(1) The individual objecting may require the testing laboratory, within 30 days after receipt of the report of the genetic testing, to recalculate the probability of parentage using an ethnic or racial group different from that used by the laboratory.

(2) The individual objecting to the testing laboratory's initial choice shall:

(A) if the frequencies are not available to the testing laboratory for the ethnic or racial group requested, provide the requested frequencies compiled in a manner recognized by accrediting bodies; or

(B) engage another testing laboratory to perform the calculations.

(e) If, after recalculation using a different ethnic or racial group, genetic testing does not reputably identify a person as the parent of a child, an individual who has been tested may be required to submit to additional genetic testing.

(Source: P.A. 104-448, eff. 12-12-25.)

(750 ILCS 46/403)

Sec. 403. Genetic test results.

(a) The expert shall prepare a written report of the genetic test results. If the genetic test results show that the alleged genetic parent is not excluded, the report shall contain statistics based upon the statistical formula of combined parentage index (CPI) and the probability of parentage as determined by the probability of exclusion (Random Person Not Excluded = RPNE). The expert may be called by the court as a witness to testify to the expert's findings and, if called, shall be subject to cross-examination by the parties. If the genetic test results show that the alleged genetic parent is not excluded, any party may demand that other experts, qualified as examiners of blood or tissue types, perform independent genetic testing under order of court, including, but not limited to, blood types or other testing of genetic markers. The results of the genetic testing may be offered into evidence. The number and qualifications of the experts shall be determined by the court.

(b) Documentation of the chain of custody of the blood or tissue samples, accompanied by an affidavit or certification in accordance with Section 1-109 of the Code of Civil Procedure, is competent evidence to establish the chain of custody.

(c) The report of the genetic test results prepared by the appointed expert shall be made by affidavit or by certification as provided in Section 1-109 of the Code of Civil Procedure and shall be mailed to all parties. A proof of service shall be filed with the court. The verified report shall be admitted into evidence at trial without foundation testimony or other proof of authenticity or accuracy, unless a written motion challenging the admissibility of the report is filed by either party within 28 days of receipt of the report, in which case expert testimony shall be required. A party may not file such a motion challenging the admissibility of the report later than 28 days before commencement of trial. Before trial, the court shall determine whether the motion is sufficient to deny admission of the report by verification. Failure to make that timely motion constitutes a waiver of the right to object to admission by verification and shall not be grounds for a continuance of the hearing to establish parentage.

(Source: P.A. 104-448, eff. 12-12-25.)

(750 ILCS 46/404)

Sec. 404. Effect of genetic testing. Genetic testing taken under this Article shall have the following effect:

(a) If the court finds that the conclusion of the expert or experts, as disclosed by the evidence based upon the genetic testing, is that the alleged genetic parent is not the parent of the child, the question of parentage shall be resolved accordingly.

(b) If the experts disagree in their findings or conclusions, the question shall be weighed with other competent evidence of parentage.

(c) If the genetic testing results indicate that the alleged genetic parent is not excluded and that the combined parentage index is at least 1,000 to 1, and there is at least a 99.9% probability of parentage, the alleged genetic parent is presumed to be the parent, and this evidence shall be admitted.

(d) A person identified under subsection (c) of this Section as the parent of the child may rebut the genetic testing results by other genetic testing satisfying the requirements of this Article which:

(1) excludes the person as a genetic parent of the child; or

(2) identifies another person as the possible parent of the child.

(e) Except as otherwise provided in this Article, if more than one person is identified by genetic testing as the possible parent of the child, the court shall order them to submit to further genetic testing to identify the genetic parent.

(Source: P.A. 104-448, eff. 12-12-25.)

(750 ILCS 46/405)

Sec. 405. Cost of genetic testing. The expense of the genetic testing shall be paid by the party who requests the genetic testing, except that the court may apportion the costs between the parties, upon request. When the genetic testing is requested by the party seeking to establish parentage and that party is found to be indigent by the court, the expense shall be paid by the public agency providing representation; except that where a public agency is not providing representation, the expense shall be paid by the county in which the action is brought. When the genetic testing is ordered by the court on its own motion or is requested by the alleged or presumed parent and that parent is found to be indigent by the court, the expense shall be paid by the county in which the action is brought. Any part of the expense may be taxed as costs in the action, except that no costs may be taxed against a public agency that has not requested the genetic testing.

(Source: P.A. 104-448, eff. 12-12-25.)

(750 ILCS 46/406)

Sec. 406. Compensation of expert. The compensation of each expert witness appointed by the court shall be paid as provided in Section 405 of this Act. Any part of the payment may be taxed as costs in the action, except that no costs may be taxed against a public agency that has not requested the services of the expert witness.

(Source: P.A. 99-85, eff. 1-1-16.)

(750 ILCS 46/407)

Sec. 407. Independent genetic testing. Nothing in this Article shall prevent a party from obtaining genetic testing of the party's own blood or tissue independent of those ordered by the court or from presenting expert testimony interpreting those tests or any other blood tests ordered under this Article. Reports of all the independent tests, accompanied by affidavit or certification pursuant to Section 1-109 of the Code of Civil Procedure, and notice of any expert witnesses to be called to testify to the results of those tests shall be submitted to all parties at least 30 days before any hearing set to determine the issue of parentage.

(Source: P.A. 104-448, eff. 12-12-25.)

(750 ILCS 46/408)

Sec. 408. Additional persons to be tested.

(a) Subject to subsection (b), if a genetic-testing specimen is not available from a person who may be the parent of a child, for good cause and under circumstances the court considers to be just, the court may order the following individuals to submit specimens for genetic testing:

(1) the parents of the person;

(2) brothers and sisters of the person;

(3) other children of the person and the woman or person who gave birth to the person; and

(4) other relatives of the person necessary to complete genetic testing.

(b) Issuance of an order under this Section requires a finding that a need for genetic testing outweighs the legitimate interests of the individual sought to be tested, and in no event shall an order be issued until the individual is joined as a party and given notice as required under the Code of Civil Procedure.

(Source: P.A. 104-448, eff. 12-12-25.)