Full Text of HB6273 99th General Assembly
HB6273 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB6273 Introduced 2/11/2016, by Rep. Kelly Burke SYNOPSIS AS INTRODUCED: |
| 750 ILCS 46/103 | | 750 ILCS 46/Art. 7 heading | | 750 ILCS 46/701 new | | 750 ILCS 46/702 new | | 750 ILCS 46/703 new | | 750 ILCS 46/704 new | | 750 ILCS 46/705 new | | 750 ILCS 46/706 new | | 750 ILCS 46/707 new | | 750 ILCS 46/708 new | | 750 ILCS 46/709 new | | 750 ILCS 40/Act rep. | |
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Amends the Illinois Parentage Act of 2015. Defines "assisted reproduction" and "donor". Creates the Article concerning children of assisted reproduction. Adds provisions concerning: the scope of the Article; parental status of donor; parentage of a child of assisted reproduction; withdrawal of consent of an intended parent or donor; parental status of a deceased individual; inheritance rights of a posthumous child; the burden of proof; limitations on proceedings to declare the non-existence of the parent-child relationship; and establishing parentage in the context of a gestational surrogacy arrangement. Repeals the Illinois Parentage Act.
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| | A BILL FOR |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Parentage Act of 2015 is amended by | 5 | | changing Section 103 and the heading of Article 7 and by adding | 6 | | Sections 701, 702, 703, 704, 705, 706, 707, 708, and 709 as | 7 | | follows: | 8 | | (750 ILCS 46/103)
| 9 | | Sec. 103. Definitions. In this Act: | 10 | | (a) "Acknowledged father" means a man who has established a | 11 | | father-child relationship under Article 3.
| 12 | | (b) "Adjudicated father" means a man who has been | 13 | | adjudicated by a court of competent jurisdiction, or as | 14 | | authorized under Article X of the Illinois Public Aid Code, to | 15 | | be the father of a child.
| 16 | | (c) "Alleged father" means a man who alleges himself to be, | 17 | | or is alleged to be, the biological father or a possible | 18 | | biological father of a child, but whose paternity has not been | 19 | | established. The term does not include:
| 20 | | (1) a presumed parent or acknowledged father; or | 21 | | (2) a man whose parental rights have been terminated or
| 22 | | declared not to exist.
| 23 | | (d) "Assisted reproduction" means a method of achieving a |
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| 1 | | pregnancy though an artificial insemination or an embryo | 2 | | transfer and includes gamete and embryo donation. "Assisted | 3 | | reproduction" does not include any pregnancy achieved through | 4 | | sexual intercourse (Reserved) . | 5 | | (e) "Child" means an individual of any age whose parentage | 6 | | may be established under this Act.
| 7 | | (f) "Combined paternity index" means the likelihood of | 8 | | paternity calculated by computing the ratio between:
| 9 | | (1) the likelihood that the tested man is the father, | 10 | | based on the genetic markers of the tested man, mother, and | 11 | | child, conditioned on the hypothesis that the tested man is | 12 | | the father of the child; and
| 13 | | (2) the likelihood that the tested man is not the | 14 | | father, based on the genetic markers of the tested man, | 15 | | mother, and child, conditioned on the hypothesis that the | 16 | | tested man is not the father of the child and that the | 17 | | father is of the same ethnic or racial group as the tested | 18 | | man.
| 19 | | (g) "Commence" means to file the initial pleading seeking | 20 | | an adjudication of parentage in the circuit court of this | 21 | | State.
| 22 | | (h) "Determination of parentage" means the establishment | 23 | | of the parent-child relationship by the signing of a voluntary | 24 | | acknowledgment under Article 3 of this Act or adjudication by | 25 | | the court or as authorized under Article X of the Illinois | 26 | | Public Aid Code.
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| 1 | | (i) "Donor" means an individual who participates in an | 2 | | assisted reproductive technology
arrangement by providing | 3 | | gametes and relinquishes all rights and
responsibilities to the | 4 | | gametes so that another individual or individuals may
become | 5 | | the legal parent or parents of any resulting child. "Donor" | 6 | | does not include a spouse in any
assisted reproductive | 7 | | technology arrangement in which his or her spouse will parent | 8 | | any
resulting child (Reserved) . | 9 | | (j) "Ethnic or racial group" means, for purposes of genetic | 10 | | testing, a recognized group that an individual identifies as | 11 | | all or part of the individual's ancestry or that is so | 12 | | identified by other information.
| 13 | | (k) "Gamete" means either a sperm or an egg.
| 14 | | (l) "Genetic testing" means an analysis of genetic markers | 15 | | to exclude or identify a man as the father or a woman as the | 16 | | mother of a child as provided in Article 4 of this Act.
| 17 | | (m) "Gestational mother" means an adult woman who gives | 18 | | birth to a child pursuant to the terms of a valid gestational | 19 | | surrogacy contract.
| 20 | | (n) "Parent" means an individual who has established a | 21 | | parent-child relationship under Section 201 of this Act.
| 22 | | (o) "Parent-child relationship" means the legal | 23 | | relationship between a child and a parent of the child. | 24 | | (p) "Presumed parent" means an individual who, by operation | 25 | | of law under Section 204 of this Act, is recognized as the | 26 | | parent of a child until that status is rebutted or confirmed in |
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| 1 | | a judicial or administrative proceeding.
| 2 | | (q) "Probability of paternity" means the measure, for the | 3 | | ethnic or racial group to which the alleged father belongs, of | 4 | | the probability that the man in question is the father of the | 5 | | child, compared with a random, unrelated man of the same ethnic | 6 | | or racial group, expressed as a percentage incorporating the | 7 | | combined paternity index and a prior probability.
| 8 | | (r) "Record" means information that is inscribed on a | 9 | | tangible medium or that is stored in an electronic or other | 10 | | medium and is retrievable in perceivable form.
| 11 | | (s) "Signatory" means an individual who authenticates a | 12 | | record and is bound by its terms.
| 13 | | (t) "State" means a state of the United States, the | 14 | | District of Columbia, Puerto Rico, the United States Virgin | 15 | | Islands, or any territory or insular possession subject to the | 16 | | jurisdiction of the United States.
| 17 | | (u) "Substantially similar legal relationship" means a | 18 | | relationship recognized in this State under Section 60 of the | 19 | | Illinois Religious Freedom Protection and Civil Union Act. | 20 | | (v) "Support-enforcement agency" means a public official | 21 | | or agency authorized to seek:
| 22 | | (1) enforcement of support orders or laws relating to | 23 | | the duty of support;
| 24 | | (2) establishment or modification of child support;
| 25 | | (3) determination of parentage; or
| 26 | | (4) location of child-support obligors and their |
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| 1 | | income and assets.
| 2 | | (Source: P.A. 99-85, eff. 1-1-16 .) | 3 | | (750 ILCS 46/Art. 7 heading) | 4 | | ARTICLE 7. CHILD OF ASSISTED REPRODUCTION (RESERVED)
| 5 | | (Source: P.A. 99-85, eff. 1-1-16.) | 6 | | (750 ILCS 46/701 new) | 7 | | Sec. 701. Scope of Article. Except as described in this | 8 | | Article, this Article does not apply to the birth of a child | 9 | | conceived by means of sexual intercourse or a child born as a | 10 | | result of a valid gestational surrogacy arrangement meeting the | 11 | | requirements of the Gestational Surrogacy Act. | 12 | | (750 ILCS 46/702 new) | 13 | | Sec. 702. Parental status of donor. Except as provided in | 14 | | this Act, a donor is not a parent of a child conceived by means | 15 | | of assisted reproduction. | 16 | | (750 ILCS 46/703 new) | 17 | | Sec. 703. Parentage of child of assisted reproduction. | 18 | | (a) Any individual who is an intended parent as defined by | 19 | | this Act is the legal parent of any resulting child. If the | 20 | | donor and the intended parent have been represented by | 21 | | independent counsel and entered into a written legal agreement | 22 | | in which the donor relinquishes all rights and responsibilities |
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| 1 | | to any resulting child, the intended parent is the parent of | 2 | | the child. An agreement under this subsection shall be entered | 3 | | into prior to any insemination or embryo transfer. | 4 | | (b) If a person makes an anonymous gamete donation without | 5 | | a designated intended parent at the time of the gamete | 6 | | donation, the intended parent is the parent of any resulting | 7 | | child if the anonymous donor relinquished his or her parental | 8 | | rights in writing at the time of donation. The written | 9 | | relinquishment shall be directed to the entity to which the | 10 | | donor donated his or her gametes. | 11 | | (c) An intended parent may seek a court order confirming | 12 | | the existence of a parent-child relationship prior to or after | 13 | | the birth of a child based on compliance with subsection (a) or | 14 | | (b) of this Section. | 15 | | (d) If the requirements of subsection (a) of this Section | 16 | | are not met, or subsection (b) of this Section is found by a | 17 | | court to be inapplicable, a court of competent jurisdiction | 18 | | shall determine parentage based on evidence of the parties' | 19 | | intent at the time of donation. | 20 | | (750 ILCS 46/704 new) | 21 | | Sec. 704. Withdrawal of consent of intended parent or | 22 | | donor. An intended parent or donor may withdraw consent to use | 23 | | his or her gametes in a writing or legal pleading with notice | 24 | | to the other participants. An intended parent who withdraws | 25 | | consent under this Section prior to the insemination or embryo |
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| 1 | | transfer is not a parent of any resulting child. If a donor | 2 | | withdraws consent to his or her donation prior to the | 3 | | insemination or the combination of gametes, the intended parent | 4 | | is not the parent of any resulting child. | 5 | | (750 ILCS 46/705 new) | 6 | | Sec. 705. Parental status of deceased individual. If an | 7 | | individual consents in a writing to be a parent of any child | 8 | | born of his or her gametes posthumously, and dies before the | 9 | | insemination of the individual's gametes or embryo transfer, | 10 | | the deceased individual is a parent of any resulting child born | 11 | | within 36 months of the death of the deceased individual. | 12 | | (750 ILCS 46/706 new) | 13 | | Sec. 706. Inheritance rights of posthumous child. | 14 | | Notwithstanding Section 705, the rights of a posthumous child | 15 | | to an inheritance or to property under an instrument shall be | 16 | | governed by the provisions of the Probate Act of 1975. | 17 | | (750 ILCS 46/707 new) | 18 | | Sec. 707. Burden of proof. Parentage established under | 19 | | Section 703, a withdrawal of consent under Section 704, or a | 20 | | proceeding to declare the non-existence of the parent-child | 21 | | relationship under Section 708 of this Act must be proven by | 22 | | clear and convincing evidence. |
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| 1 | | (750 ILCS 46/708 new) | 2 | | Sec. 708. Limitation on proceedings to declare the | 3 | | non-existence of the parent-child relationship. An action to | 4 | | declare the non-existence of the parent-child relationship | 5 | | under this Article shall be barred if brought more than 2 years | 6 | | following the birth of the child. | 7 | | (750 ILCS 46/709 new) | 8 | | Sec. 709. Establishment of parentage; requirements of | 9 | | Gestational Surrogacy Act. | 10 | | (a) In the event of gestational surrogacy, in addition to | 11 | | the requirements of the Gestational Surrogacy Act, a | 12 | | parent-child relationship is established between a person and a | 13 | | child if all of the following conditions are met prior to the | 14 | | birth of the child: | 15 | | (1) The gestational surrogate certifies that she did | 16 | | not provide a gamete for the child, and that she is | 17 | | carrying the child for the intended parents. | 18 | | (2) The spouse, if any, of the gestational surrogate | 19 | | certifies that he or she did not provide a gamete for the | 20 | | child. | 21 | | (3) Each intended parent certifies that the child being | 22 | | carried by the gestational surrogate was conceived using at | 23 | | least one of the intended parents' gametes. | 24 | | (4) A physician certifies that the child being carried | 25 | | by the gestational surrogate was conceived using the gamete |
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| 1 | | or gametes of at least one of the intended parents, and | 2 | | that neither the gestational surrogate nor the gestational | 3 | | surrogate's spouse, if any, provided gametes for the child | 4 | | being carried by the gestational surrogate. | 5 | | (5) The attorneys for the intended parents and the | 6 | | gestational surrogate each certify that the parties | 7 | | entered into a gestational surrogacy agreement intended to | 8 | | satisfy the requirements of the Gestational Surrogacy Act. | 9 | | (b) All certifications under this Section shall be in | 10 | | writing and witnessed by 2 competent adults who are not the | 11 | | gestational surrogate, gestational surrogate's spouse, if any, | 12 | | or an intended parent. Certifications shall be on forms | 13 | | prescribed by the Illinois Department of Public Health and | 14 | | shall be executed prior to the birth of the child. All | 15 | | certifications shall be provided, prior to the birth of the | 16 | | child, to both the hospital where the gestational surrogate | 17 | | anticipates the delivery will occur and to the Illinois | 18 | | Department of Public Health. | 19 | | (c) Parentage established in accordance with this Section | 20 | | has the full force and effect of a judgment entered under this | 21 | | Act. | 22 | | (d) The Illinois Department of Health shall adopt rules to | 23 | | implement this Section.
| 24 | | (750 ILCS 40/Act rep.)
| 25 | | Section 10. The Illinois Parentage Act is repealed.
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