Illinois General Assembly - Full Text of HB4447
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Full Text of HB4447  99th General Assembly

HB4447ham003 99TH GENERAL ASSEMBLY

Rep. Kelly M. Burke

Filed: 3/24/2016

 

 


 

 


 
09900HB4447ham003LRB099 16017 HEP 46580 a

1
AMENDMENT TO HOUSE BILL 4447

2    AMENDMENT NO. ______. Amend House Bill 4447 on page 1, line
35, by changing "304," to "303, 304, 305, 307, 308, 309, 310,
4311, 312, 313,"; and
 
5on page 1, line 6, by changing "and 809" to "809, 903, and
6904"; and
 
7on page 3, line 9, by changing "has no genetic connection" to
8"has made no genetic contribution"; and
 
9on page 11, by replacing lines 7 through 13 with the following:
 
10        "(5) state that the signatories understand that the
11    voluntary acknowledgment is the equivalent of a judicial
12    adjudication of parentage of the child and that: (i) a
13    challenge by a signatory to the voluntary acknowledgment
14    may be permitted only upon a showing of fraud, duress, or

 

 

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1    material mistake of fact; and (ii) a challenge to the
2    voluntary acknowledgment is barred after 2 years unless
3    that period is tolled pursuant to the law a challenge to
4    the acknowledgment is permitted only under limited
5    circumstances and is barred after 2 years."; and
 
6on page 11, line 23, by changing "an" to "a voluntary an"; and
 
7on page 11, by inserting immediately below line 25 the
8following:
 
9    "(750 ILCS 46/303)
10    Sec. 303. Denial of parentage. A presumed parent may sign a
11denial of parentage. The denial is valid only if:
12        (a) a voluntary acknowledgment described in Section
13    301 of this Act signed, or otherwise authenticated, by a
14    man is filed pursuant to Section 305 of this Act;
15        (b) the denial is in a record, and is signed, or
16    otherwise authenticated, under penalty of perjury; and
17        (c) the presumed parent has not previously:
18            (1) acknowledged his parentage, unless the
19        previous voluntary acknowledgment has been rescinded
20        under Section 307 of this Act or successfully
21        challenged under Section 308 of this Act; or
22            (2) been adjudicated to be the parent of the child.
23(Source: P.A. 99-85, eff. 1-1-16.)"; and
 

 

 

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1on page 12, line 2, after "for", by inserting "voluntary"; and
 
2on page 12, line 3, by changing "An" to "A voluntary An"; and
 
3on page 12, line 4, after "denial", by inserting "of
4parentage"; and
 
5on page 12, line 6, after "the", by inserting "voluntary"; and
 
6on page 12, line 8, by changing "An" to "A voluntary An"; and
 
7on page 12, line 14, by changing "An" to "A voluntary An"; and
 
8on page 12, by inserting immediately below line 16 the
9following:
 
10    "(750 ILCS 46/305)
11    Sec. 305. Effect of voluntary acknowledgment or denial of
12parentage.
13    (a) Except as otherwise provided in Sections 307 and 308 of
14this Act, a valid voluntary acknowledgment filed with the
15Department of Healthcare and Family Services, as provided by
16law, is equivalent to an adjudication of the parentage of a
17child and confers upon the acknowledged father all of the
18rights and duties of a parent.

 

 

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1    (b) Notwithstanding any other provision of this Act,
2parentage established in accordance with Section 301 of this
3Act has the full force and effect of a judgment entered under
4this Act and serves as a basis for seeking a child support
5order without any further proceedings to establish parentage.
6    (c) Except as otherwise provided in Sections 307 and 308 of
7this Act, a valid denial by a presumed parent filed with the
8Department of Healthcare and Family Services, as provided by
9law, in conjunction with a voluntary acknowledgment, is
10equivalent to an adjudication of the nonparentage of the
11presumed parent and discharges the presumed parent from all
12rights and duties of a parent.
13(Source: P.A. 99-85, eff. 1-1-16.)
 
14    (750 ILCS 46/307)
15    Sec. 307. Proceeding for rescission. A signatory may
16rescind a voluntary acknowledgment or denial by filing a signed
17and witnessed rescission with the Department of Healthcare and
18Family Services as provided in Section 12 of the Vital Records
19Act, before the earlier of:
20        (a) 60 days after the effective date of the voluntary
21    acknowledgment or denial, as provided in Section 304 of
22    this Act; or
23        (b) the date of a judicial or administrative proceeding
24    relating to the child (including a proceeding to establish
25    a support order) in which the signatory is a party.

 

 

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1(Source: P.A. 99-85, eff. 1-1-16.)
 
2    (750 ILCS 46/308)
3    Sec. 308. Challenge after expiration of period for
4rescission. After the period for rescission under Section 307
5of this Act has expired, a signatory of a voluntary
6acknowledgment or denial may commence a proceeding to challenge
7the voluntary acknowledgment or denial only as provided in
8Section 309 of this Act.
9(Source: P.A. 99-85, eff. 1-1-16.)
 
10    (750 ILCS 46/309)
11    Sec. 309. Procedure for challenge.
12    (a) A voluntary acknowledgment and any related denial may
13be challenged only on the basis of fraud, duress, or material
14mistake of fact by filing a verified petition under this
15Section within 2 years after the effective date of the
16voluntary acknowledgment or denial, as provided in Section 304
17of this Act. Time during which the person challenging the
18voluntary acknowledgment or denial is under legal disability or
19duress or the ground for relief is fraudulently concealed shall
20be excluded in computing the period of 2 years.
21    (b) The verified complaint, which shall be designated a
22petition, shall be filed in the county where a proceeding
23relating to the child was brought, such as a support proceeding
24or, if none exists, in the county where the child resides.

 

 

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1Every signatory to the voluntary acknowledgment and any related
2denial must be made a party to a proceeding to challenge the
3voluntary acknowledgment or denial. The party challenging the
4voluntary acknowledgment or denial shall have the burden of
5proof. The burden of proof to challenge a voluntary
6acknowledgment is clear and convincing evidence.
7    (c) For the purpose of a challenge to a voluntary an
8acknowledgment or denial, a signatory submits to personal
9jurisdiction of this State by signing the voluntary
10acknowledgment and any related denial, effective upon the
11filing of the voluntary acknowledgment and any related denial
12with the Department of Healthcare and Family Services, as
13provided in Section 12 of the Vital Records Act.
14    (d) Except for good cause shown, during the pendency of a
15proceeding to challenge a voluntary an acknowledgment or
16denial, the court may not suspend the legal responsibilities of
17a signatory arising from the voluntary acknowledgment,
18including the duty to pay child support.
19    (e) At the conclusion of a proceeding to challenge a
20voluntary an acknowledgment or denial, the court shall order
21the Department of Public Health to amend the birth record of
22the child, if appropriate. A copy of an order entered at the
23conclusion of a proceeding to challenge shall be provided to
24the Department of Healthcare and Family Services.
25(Source: P.A. 99-85, eff. 1-1-16.)
 

 

 

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1    (750 ILCS 46/310)
2    Sec. 310. Ratification barred. A court or administrative
3agency conducting a judicial or administrative proceeding is
4not required or permitted to ratify an unchallenged voluntary
5acknowledgment described in Section 301 of this Act.
6(Source: P.A. 99-85, eff. 1-1-16.)
 
7    (750 ILCS 46/311)
8    Sec. 311. Full faith and credit. A court of this State
9shall give full faith and credit to a valid voluntary
10acknowledgment or denial of parentage effective in another
11state if the voluntary acknowledgment or denial has been signed
12and is otherwise in compliance with the law of the other state.
13(Source: P.A. 99-85, eff. 1-1-16.)
 
14    (750 ILCS 46/312)
15    Sec. 312. Forms for voluntary acknowledgment and denial of
16parentage.
17    (a) To facilitate compliance with this Article, the
18Department of Healthcare and Family Services shall prescribe
19forms for the voluntary acknowledgment and the denial of
20parentage and for the rescission of the voluntary
21acknowledgment or denial of parentage consistent with Section
22307 of this Act.
23    (b) A voluntary acknowledgment, or denial, or rescission of
24voluntary acknowledgment or denial of parentage, regardless of

 

 

09900HB4447ham003- 8 -LRB099 16017 HEP 46580 a

1which version of the prescribed form is used, is not affected
2by a later modification of the prescribed form.
3    (c) Any voluntary acknowledgment, denial, or rescission of
4voluntary acknowledgement or denial of parentage that was
5completed before January 1, 2016 is valid if it met all
6criteria for validity at the time it was signed.
7(Source: P.A. 99-85, eff. 1-1-16.)
 
8    (750 ILCS 46/313)
9    Sec. 313. Release of information. The Department of
10Healthcare and Family Services may release information
11relating to the voluntary acknowledgment described in Section
12301 of this Act, or the related denial, to a signatory of the
13voluntary acknowledgment or denial; to the child's guardian,
14the emancipated child, or the legal representatives of those
15individuals; to appropriate federal agencies; and to courts and
16appropriate agencies of this State or another state.
17(Source: P.A. 99-85, eff. 1-1-16.)"; and
 
18on page 12, line 21, after "child", by inserting ", including a
19non-minor child with a disability,"; and
 
20on page 13, line 10, by changing "505 and 505.2" to "505, and
21505.2, and 513.5"; and
 
22on page 16, by replacing lines 21 through 23 with the

 

 

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1following:
 
2        "(g) any person or public agency that has physical
3    possession of or has custody of or has been allocated
4    parental responsibilities for custody of, is providing
5    financial"; and
 
6on page 18, line 6, by changing "child representative" to "the
7child"; and
 
8on page 19, line 24, after "child."; by inserting "It shall be
9presumed to be equitable and in the best interests of the child
10to grant a motion by the child seeking an order for genetic
11testing. The presumption may be overcome by clear and
12convincing evidence that extraordinary circumstances exist
13making the genetic testing contrary to the child's best
14interests. The court's order denying a child's request for
15genetic testing must state the basis upon which the presumption
16was overcome."; and
 
17on page 24, by replacing lines 21 through 26 with the
18following:
 
19    "(c) In the absence of an explicit order or judgment for
20the allocation of parental responsibilities If a judgment of
21parentage contains no explicit award of custody, the

 

 

09900HB4447ham003- 10 -LRB099 16017 HEP 46580 a

1establishment of a child support obligation or the allocation
2of parenting time to rights in one parent shall be construed as
3an order or judgment allocating all parental responsibilities
4considered a judgment granting custody to the other parent. If
5the parentage order or judgment contains no such provisions,
6all parental responsibilities custody shall be presumed to be
7allocated to with the mother; however, the presumption shall
8not apply if the child has resided primarily with the other
9parent father has had physical custody for at least 6 months
10prior to the date that the mother seeks to enforce the order or
11judgment of parentage custodial rights."; and
 
12on page 25, by deleting lines 1 through 6; and
 
13on page 25, line 21, by changing "father's prior knowledge" to
14"father's prior knowledge of the person obligated to pay
15support"; and
 
16on page 25, line 26, by changing "father" to "person obligated
17to pay support father"; and
 
18on page 26, line 1, by changing "his help" to "the his help of
19the person obligated to pay support"; and
 
20on page 26, line 5, by changing "father" to "person obligated
21to pay support father"; and
 

 

 

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1on page 26, line 10, by changing "father's net income" to
2"father's net income of the person obligated to pay support";
3and
 
4on page 26, line 11, by changing "his net income" to "the his
5net income of the person obligated to pay support"; and
 
6on page 26, line 13, by changing "non-custodial parent" to
7"person obligated to pay support non-custodial parent"; and
 
8on page 26, line 15, by changing "non-custodial parent's
9ability to pay child support" to "non custodial parent's
10ability to pay child support of the person obligated to pay
11support"; and
 
12on page 26, line 16, by changing "non-custodial parent" to
13"person obligated to pay support non-custodial parent"; and
 
14on page 26, line 18, by changing "non-custodial parent" to
15"person obligated to pay support non-custodial parent"; and
 
16on page 26, line 21, by changing "non-custodial parent's
17ability to pay child support" to "non custodial parent's
18ability to pay child support of the person obligated to pay
19support"; and
 

 

 

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1on page 35, line 21, by changing "physical possession" to
2"custody"; and
 
3on page 39, by inserting immediately below line 22 the
4following:
 
5    "(750 ILCS 46/903)
6    Sec. 903. Transitional provision. A proceeding to
7adjudicate parentage which was commenced before the effective
8date of this Act is governed by the law in effect at the time
9the proceeding was commenced, except that this Act applies to
10all pending actions and proceedings commenced before January 1,
112016 with respect to issues on which a judgment has not been
12entered.
13(Source: P.A. 99-85, eff. 1-1-16.)
 
14    (750 ILCS 46/904)
15    Sec. 904. Savings provision. The repeal of the Illinois
16Parentage Act of 1984 and the Illinois Parentage Act shall not
17affect rights or liabilities under that Act those Acts which
18have been determined, settled, or adjudicated prior to the
19effective date of this Act or which are the subject of
20proceedings pending on the effective date of this Act. This Act
21shall not be construed to bar an action which would have been
22barred because the action had not been filed within a time

 

 

09900HB4447ham003- 13 -LRB099 16017 HEP 46580 a

1limitation under the Illinois Parentage Act of 1984 and the
2Illinois Parentage Act, or which could not have been maintained
3under that Act those Acts, as long as the action is not barred
4by a limitations period set forth in this Act.
5(Source: P.A. 99-85, eff. 1-1-16.)".