750 ILCS 46/ Illinois Parentage Act of 2015.

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- (750 ILCS 46/) Illinois Parentage Act of 2015.

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    (750 ILCS 46/Art. 2 heading)
ARTICLE 2. PARENT-CHILD RELATIONSHIP
(Source: P.A. 99-85, eff. 1-1-16.)

    (750 ILCS 46/201)
    Sec. 201. Establishment of parent-child relationship.
    (a) The parent-child relationship is established between a person and a child by:
        (1) the woman or person having given birth to the
    
child, except as otherwise provided in the Gestational Surrogacy Act;
        (2) a presumption of the person's parentage of the
    
child under Section 204 of this Act unless the presumption is overcome in a judicial proceeding or a valid denial of parentage is made under Section 303 of this Act;
        (3) an effective voluntary acknowledgment of
    
parentage by the person under Article 3 of this Act, unless the acknowledgment has been rescinded or successfully challenged;
        (4) an adjudication of the person's parentage;
        (5) the person's adoption of the child;
        (6) the person's consent to assisted reproduction
    
under Article 7 of this Act; or
        (7) the person's parentage of the child is
    
established under the provisions of the Gestational Surrogacy Act.
    (b) (Blank).
    (c) (Blank).
(Source: P.A. 104-448, eff. 12-12-25.)

    (750 ILCS 46/202)
    Sec. 202. Parents' legal relationship. Every child has equal rights under the law regardless of the parents' legal relationship.
(Source: P.A. 99-85, eff. 1-1-16.)

    (750 ILCS 46/203)
    Sec. 203. Consequences of establishment of parentage. A parent-child relationship established under this Act applies for all purposes, except as otherwise specifically provided by other law of this State.
(Source: P.A. 99-85, eff. 1-1-16.)

    (750 ILCS 46/204)
    Sec. 204. Presumption of parentage.
    (a) A person is presumed to be the parent of a child if:
        (1) the person and the woman or person who gave birth
    
to the child have entered into a marriage, civil union, or substantially similar legal relationship, and the child is born, to the woman or person who gave birth to the child, during the marriage, civil union, or substantially similar legal relationship, except as provided in the Gestational Surrogacy Act or other law;
        (2) the person and the woman or person who gave birth
    
to the child were in a marriage, civil union, or substantially similar legal relationship and the child is born, to the woman or person who gave birth to the child, within 300 days after the marriage, civil union, or substantially similar legal relationship is terminated by death, declaration of invalidity of marriage, judgment for dissolution of marriage, civil union, or substantially similar legal relationship, or after a judgment for legal separation, except as provided in the Gestational Surrogacy Act or other law;
        (3) before the birth of the child, the person and the
    
woman or person who gave birth to the child entered into a marriage, civil union, or substantially similar legal relationship in apparent compliance with law, even if the attempted marriage, civil union, or substantially similar legal relationship is or could be declared invalid, and the child is born during the invalid marriage, civil union, or substantially similar legal relationship or within 300 days after its termination by death, declaration of invalidity of marriage, judgment for dissolution of marriage, civil union, or substantially similar legal relationship, or after a judgment for legal separation, except as provided in the Gestational Surrogacy Act or other law; or
        (4) after the child's birth, the person and the woman
    
or person who gave birth to the child have entered into a marriage, civil union, or substantially similar legal relationship, even if the marriage, civil union, or substantially similar legal relationship is or could be declared invalid, and the person is named, with the person's written consent, as the child's parent on the child's birth certificate.
    (b) If 2 or more conflicting presumptions arise under this Section, the presumption which on the facts is founded on the weightier considerations of policy and logic, especially the policy of promoting the child's best interests, controls. In weighing the presumptions, the court shall consider the factors enumerated in paragraph (3) of subsection (a) of Section 610.
(Source: P.A. 104-448, eff. 12-12-25.)

    (750 ILCS 46/205)
    Sec. 205. Proceedings to declare the non-existence of the parent-child relationship.
    (a) An action to declare the non-existence of the parent-child relationship may be brought by the child, the woman or person who gave birth to the child, or a person presumed to be a parent under Section 204 of this Act. Actions brought by the child, the woman or person who gave birth to the child, or a presumed parent shall be brought by verified complaint, which shall be designated a petition. After a presumption under Section 204 of this Act has been rebutted, parentage of the child by another person may be established in the same action, if such person has been made a party.
    (b) An action to declare the non-existence of the parent-child relationship brought under subsection (a) of this Section shall be barred if brought later than 2 years after the petitioner knew or should have known of the relevant facts. The 2-year period for bringing an action to declare the non-existence of the parent-child relationship shall not extend beyond the date on which the child reaches the age of 18 years. Failure to bring an action within 2 years shall not bar any party from asserting a defense in any action to declare the existence of the parent-child relationship.
    (c) An action to declare the non-existence of the parent-child relationship may be brought subsequent to an adjudication of parentage in any judgment by the person adjudicated to be the parent pursuant to a presumption in paragraphs (a)(1) through (a)(4) of Section 204 if, as a result of deoxyribonucleic acid (DNA) testing, it is discovered that the person adjudicated to be the parent is not the parent of the child. Actions brought by the adjudicated parent shall be brought by verified petition. If, as a result of the deoxyribonucleic acid (DNA) testing that is admissible under Section 614 of this Act, the petitioner is determined not to be the parent of the child, the adjudication of parentage and any orders regarding the allocation of parental responsibilities, parenting time, and future payments of support may be vacated. This provision shall not apply to actions involving parentage of children born through assisted reproduction.
    (d) An action to declare the non-existence of the parent-child relationship brought under subsection (c) of this Section shall be barred if brought more than 2 years after the petitioner obtains actual knowledge of relevant facts. The 2-year period shall not apply to periods of time where the woman or person who gave birth to the child or the child refuses to submit to deoxyribonucleic acid (DNA) testing. The 2-year period for bringing an action to declare the non-existence of the parent-child relationship shall not extend beyond the date on which the child reaches the age of 18 years.
(Source: P.A. 104-448, eff. 12-12-25.)

    (750 ILCS 46/206)
    Sec. 206. Presumption; burden of proof. A person challenging a presumption under Section 204 of this Act may rebut the presumption with clear and convincing evidence.
(Source: P.A. 99-85, eff. 1-1-16.)