Illinois General Assembly - Full Text of HB2477
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Full Text of HB2477  103rd General Assembly




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1    AN ACT concerning civil law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short title. This Act may be cited as the
5Pregnancy Expenses Act.
6    Section 5. Definitions. As used in this Act:
7    "Donor" means an individual who participates in an
8assisted reproductive technology arrangement by providing
9gametes and relinquishes all rights and responsibility to the
10gametes so that another individual or individuals may become
11the legal parent or parents of any resulting child. "Donor"
12does not include a spouse in any assisted reproductive
13technology arrangement in which the other spouse will parent
14any resulting child.
15    "Gamete" means either a sperm or an egg.
16    "Other intended parent" means a person who has expressed
17an intent to be the legal parent of a child with a pregnant
18person but did not contribute sperm to the creation of the
20    "Party to the pregnancy" means a person who contributed
21sperm to the creation of the pregnancy. "Other party to the
22pregnancy" does not include a donor.
23    "Pregnancy expenses" means an amount equal to:



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1        (1) the sum of a pregnant person's:
2            (A) health insurance premiums while pregnant that
3        are not paid by an employer or government program; and
4            (B) medical costs related to the pregnancy,
5        incurred after the date of implantation and before the
6        pregnancy ends, including any medical costs related to
7        the delivery of the child; minus
8        (2) any portion of the amount described in paragraph
9    (1) that a court determines is equitable based on the
10    totality of the circumstances, not including any amount
11    paid by the pregnant person, other party to the pregnancy,
12    or other intended parent.
13    "Pregnant person" means a person who is carrying or has
14carried a pregnancy.
15    Section 10. Pregnancy expenses.
16    (a) Except as otherwise provided in this Section, the
17other party to the pregnancy or the other intended parent, if
18there is one, has a duty to pay 50% of the pregnant person's
19pregnancy expenses. If the other intended parent's parentage
20is disputed, the other party to the pregnancy owes no duty
21under this Section until the other intended parent's parentage
22is determined under the Illinois Parentage Act of 2015.
23    (b) Any portion of a pregnant person's pregnancy expenses
24paid by the pregnant person, other party to the pregnancy, or
25other intended parent reduces that party's 50% share under



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1subsection (a), not the total amount of pregnancy expenses.
2This subsection applies regardless of when the pregnant
3person, other party to the pregnancy, or other intended parent
4pays the pregnancy expense.
5    (c) This Section does not apply if the court apportions
6pregnancy expenses under Article 8 of the Illinois Parentage
7Act of 2015 or Part V of the Illinois Marriage and Dissolution
8of Marriage Act.
9    (d) This Section does not apply to any pregnancy for which
10there is a valid gestational surrogacy contract pursuant to
11the Illinois Gestational Surrogacy Act.
12    Section 15. Actions seeking payment of pregnancy expenses.
13    (a) An action seeking the payment of pregnancy expenses
14may be brought during or after the pregnancy. The petitioner
15is not required to wait until the pregnancy ends to bring an
16action under this Act.
17    (b) An action seeking the payment of pregnancy expenses
18shall only be brought by the pregnant person or the pregnant
19person's legally authorized designee in the event of death or
20incapacitation of the pregnant person.
21    (c) In an action seeking the payment of pregnancy
22expenses, the court, in its determination of whether to order
23the other party to the pregnancy or other intended parent to
24pay pregnancy expenses, shall consider:
25        (1) the income and property of each party;



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1        (2) the needs of each party;
2        (3) the realistic present and future earning capacity
3    of each party;
4        (4) any impairment of the present and future earning
5    capacity of the pregnant person seeking pregnancy expenses
6    due to that person devoting time to domestic duties or
7    having forgone or delayed education, training, employment,
8    or career opportunities due to the pregnancy; and
9        (5) any other factor that the court expressly finds to
10    be just and equitable.
11    (d) In an action seeking the payment of pregnancy
12expenses, the court, in its discretion, may order the other
13party to the pregnancy or other intended parent to pay more
14than 50% of the pregnancy expenses.
15    (e) If a person seeks payment of pregnancy expenses under
16this Act by providing documentation of payments, medical
17expenses, and insurance premiums, the court may, after review,
18order the payment of the pregnancy expenses.
19    Section 90. The Illinois Parentage Act of 2015 is amended
20by changing Section 802 as follows:
21    (750 ILCS 46/802)
22    Sec. 802. Judgment.
23    (a) The court shall issue an order adjudicating whether a
24person alleged or claiming to be the parent is the parent of



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1the child. An order adjudicating parentage must identify the
2child by name and date of birth.
3    The court may assess filing fees, reasonable attorney's
4fees, fees for genetic testing, other costs, necessary travel
5expenses, and other reasonable expenses incurred in a
6proceeding under this Act. The court may award attorney's
7fees, which may be paid directly to the attorney, who may
8enforce the order in the attorney's own name. The court may not
9assess fees, costs, or expenses against the
10support-enforcement agency of this State or another state,
11except as provided by other law.
12    The judgment shall contain or explicitly reserve
13provisions concerning any duty and amount of child support and
14may contain or explicitly reserve provisions concerning the
15allocation of parental responsibilities or guardianship of the
16child, parenting time privileges with the child, and the
17furnishing of bond or other security for the payment of the
18judgment, which the court shall determine in accordance with
19the relevant factors set forth in the Illinois Marriage and
20Dissolution of Marriage Act and any other applicable law of
21this State, to guide the court in a finding in the best
22interests of the child. In determining the allocation of
23parental responsibilities, relocation, parenting time,
24parenting time interference, support for a non-minor disabled
25child, educational expenses for a non-minor child, and related
26post-judgment issues, the court shall apply the relevant



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1standards of the Illinois Marriage and Dissolution of Marriage
2Act. Specifically, in determining the amount of a child
3support award, the court shall use the guidelines and
4standards set forth in subsection (a) of Section 505 and in
5Section 505.2 of the Illinois Marriage and Dissolution of
6Marriage Act. The court shall order all child support
7payments, determined in accordance with such guidelines, to
8commence with the date summons is served. The level of current
9periodic support payments shall not be reduced because of
10payments set for the period prior to the date of entry of the
11support order.
12    (b) In an action brought during a pregnancy or within 2
13years after a child's birth, the judgment or order may direct
14the other party to the pregnancy or other intended parent
15either parent to pay 50% of pregnancy the reasonable expenses,
16as defined in the Pregnancy Expenses Act, incurred by the
17pregnant person either parent or the Department of Healthcare
18and Family Services. However, the court, in its discretion,
19may direct the other party to the pregnancy or other intended
20parent to pay more than 50% of pregnancy expenses related to
21the mother's pregnancy and the delivery of the child.
22    (c) In the absence of an explicit order or judgment for the
23allocation of parental responsibilities, to the extent the
24court has authority under the Uniform Child-Custody
25Jurisdiction and Enforcement Act or any other appropriate
26State law, the establishment of a child support obligation or



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1the allocation of parenting time to one parent shall be
2construed as an order or judgment allocating all parental
3responsibilities to the other parent. If the parentage order
4or judgment contains no such provisions, all parental
5responsibilities shall be presumed to be allocated to the
6mother; however, the presumption shall not apply if the child
7has resided primarily with the other parent for at least 6
8months prior to the date that the mother seeks to enforce the
9order or judgment of parentage.
10    (c-5) Notwithstanding the limitations regarding the
11establishment of custody under the Uniform Interstate Family
12Support Act, that Act is not exclusive, and custody/allocation
13of parental responsibilities may be determined concurrently
14under other appropriate State laws, where this determination
15may be validly made.
16    (d) The court, if necessary to protect and promote the
17best interests of the child, may set aside a portion of the
18separately held estates of the parties in a separate fund or
19trust for the support, education, physical and mental health,
20and general welfare of a minor or mentally or physically
21disabled child of the parties.
22    (e) The court may order child support payments to be made
23for a period prior to the commencement of the action. In
24determining whether and to what extent the payments shall be
25made for the prior period, the court shall consider all
26relevant facts, including but not limited to:



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1        (1) The factors for determining the amount of support
2    specified in the Illinois Marriage and Dissolution of
3    Marriage Act.
4        (2) The prior knowledge of the person obligated to pay
5    support of the fact and circumstances of the child's
6    birth.
7        (3) The father's prior willingness or refusal to help
8    raise or support the child.
9        (4) The extent to which the mother or the public
10    agency bringing the action previously informed the person
11    obligated to pay support of the child's needs or attempted
12    to seek or require the help of the person obligated to pay
13    support in raising or supporting the child.
14        (5) The reasons the mother or the public agency did
15    not file the action earlier.
16        (6) The extent to which the person obligated to pay
17    support would be prejudiced by the delay in bringing the
18    action.
19    For purposes of determining the amount of child support to
20be paid for the period before the date the order for current
21child support is entered, there is a rebuttable presumption
22that the net income of the person obligated to pay support for
23the prior period was the same as the net income of the person
24obligated to pay support at the time the order for current
25child support is entered.
26    If (i) the person obligated to pay support was properly



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1served with a request for discovery of financial information
2relating to the ability to provide child support of the person
3obligated to pay support; (ii) the person obligated to pay
4support failed to comply with the request, despite having been
5ordered to do so by the court; and (iii) the person obligated
6to pay support is not present at the hearing to determine
7support despite having received proper notice, then any
8relevant financial information concerning the ability to
9provide child support of the person obligated to pay support
10that was obtained pursuant to subpoena and proper notice shall
11be admitted into evidence without the need to establish any
12further foundation for its admission.
13    (f) A new or existing support order entered by the court
14under this Section shall be deemed to be a series of judgments
15against the person obligated to pay support thereunder, each
16judgment to be in the amount of each payment or installment of
17support and each judgment to be deemed entered as of the date
18the corresponding payment or installment becomes due under the
19terms of the support order. Each judgment shall have the full
20force, effect, and attributes of any other judgment of this
21State, including the ability to be enforced. A judgment under
22this Section is subject to modification or termination only in
23accordance with Section 510 of the Illinois Marriage and
24Dissolution of Marriage Act. Notwithstanding any State or
25local law to the contrary, a lien arises by operation of law
26against the real and personal property of the noncustodial



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1parent for each installment of overdue support owed by the
2noncustodial parent.
3    (g) If the judgment or order of the court is at variance
4with the child's birth certificate, the court shall order that
5a new birth certificate be issued under the Vital Records Act.
6    (h) On the request of both parents, the court shall order a
7change in the child's name.
8    (i) After hearing evidence, the court may stay payment of
9support during the period of the father's minority or period
10of disability.
11    (j) If, upon a showing of proper service, the father fails
12to appear in court or otherwise appear as provided by law, the
13court may proceed to hear the cause upon testimony of the
14mother or other parties taken in open court and shall enter a
15judgment by default. The court may reserve any order as to the
16amount of child support until the father has received notice,
17by regular mail, of a hearing on the matter.
18    (k) An order for support, when entered or modified, shall
19include a provision requiring the non-custodial parent to
20notify the court and, in cases in which a party is receiving
21child support enforcement services under Article X of the
22Illinois Public Aid Code, the Department of Healthcare and
23Family Services, within 7 days: (i) of the name and address of
24any new employer of the non-custodial parent; (ii) whether the
25non-custodial parent has access to health insurance coverage
26through the employer or other group coverage and, if so, of the



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1policy name and number and the names of adults and initials of
2minors covered under the policy; and (iii) of any new
3residential or mailing address or telephone number of the
4non-custodial parent. In a subsequent action to enforce a
5support order, upon a sufficient showing that a diligent
6effort has been made to ascertain the location of the
7non-custodial parent, service of process or provision of
8notice necessary in the case may be made at the last known
9address of the non-custodial parent in any manner expressly
10provided by this Act or the Code of Civil Procedure, and shall
11be sufficient for purposes of due process.
12    (l) An order for support shall include a date on which the
13current support obligation terminates. The termination date
14shall be no earlier than the date on which the child covered by
15the order will attain the age of 18. However, if the child will
16not graduate from high school until after attaining the age of
1718, then the termination date shall be no earlier than the
18earlier of the date on which the child's high school
19graduation will occur or the date on which the child will
20attain the age of 19. The order for support shall state that
21the termination date does not apply to any arrearage that may
22remain unpaid on that date. Nothing in this subsection shall
23be construed to prevent the court from modifying the order or
24terminating the order in the event the child is otherwise
26    (m) If there is an unpaid arrearage or delinquency (as



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1those terms are defined in the Income Withholding for Support
2Act) equal to at least one month's support obligation on the
3termination date stated in the order for support or, if there
4is no termination date stated in the order, on the date the
5child attains the age of majority or is otherwise emancipated,
6the periodic amount required to be paid for current support of
7that child immediately prior to that date shall automatically
8continue to be an obligation, not as current support but as
9periodic payment toward satisfaction of the unpaid arrearage
10or delinquency. The periodic payment shall be in addition to
11any periodic payment previously required for satisfaction of
12the arrearage or delinquency. The total periodic amount to be
13paid toward satisfaction of the arrearage or delinquency may
14be enforced and collected by any method provided by law for
15enforcement and collection of child support, including but not
16limited to income withholding under the Income Withholding for
17Support Act. Each order for support entered or modified must
18contain a statement notifying the parties of the requirements
19of this subsection. Failure to include the statement in the
20order for support does not affect the validity of the order or
21the operation of the provisions of this subsection with regard
22to the order. This subsection shall not be construed to
23prevent or affect the establishment or modification of an
24order for support of a minor child or the establishment or
25modification of an order for support of a non-minor child or
26educational expenses under Section 513 of the Illinois



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1Marriage and Dissolution of Marriage Act.
2    (n) An order entered under this Section shall include a
3provision requiring the obligor to report to the obligee and
4to the clerk of court within 7 days each time the obligor
5obtains new employment, and each time the obligor's employment
6is terminated for any reason. The report shall be in writing
7and shall, in the case of new employment, include the name and
8address of the new employer. Failure to report new employment
9or the termination of current employment, if coupled with
10nonpayment of support for a period in excess of 60 days, is
11indirect criminal contempt. For an obligor arrested for
12failure to report new employment, bond shall be set in the
13amount of the child support that should have been paid during
14the period of unreported employment. An order entered under
15this Section shall also include a provision requiring the
16obligor and obligee parents to advise each other of a change in
17residence within 5 days of the change except when the court
18finds that the physical, mental, or emotional health of a
19party or that of a minor child, or both, would be seriously
20endangered by disclosure of the party's address.
21(Source: P.A. 102-541, eff. 8-20-21.)
22    Section 99. Effective date. This Act takes effect upon
23becoming law.