Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process.
Recent laws may not yet be included in the ILCS database, but they are found on this site as
Public
Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the
Guide.
Because the statute database is maintained primarily for legislative drafting purposes,
statutory changes are sometimes included in the statute database before they take effect.
If the source note at the end of a Section of the statutes includes a Public Act that has
not yet taken effect, the version of the law that is currently in effect may have already
been removed from the database and you should refer to that Public Act to see the changes
made to the current law.
(750 ILCS 46/302) Sec. 302. Execution of voluntary acknowledgment. (a) A voluntary acknowledgment described in Section 301 of this Act must:
(1) be in a record;
(2) be signed, or otherwise authenticated, under |
| penalty of perjury by the mother and by the man seeking to establish his parentage;
|
|
(3) state that the child whose parentage is being
|
|
(A) does not have a presumed parent, or has a
|
| presumed parent whose full name is stated; and
|
|
(B) does not have another acknowledged or
|
|
(4) be witnessed; and
(5) state that the signatories understand that the
|
| voluntary acknowledgment is the equivalent of a judicial adjudication of parentage of the child and that: (i) a challenge by a signatory to the voluntary acknowledgment may be permitted only upon a showing of fraud, duress, or material mistake of fact; and (ii) a challenge to the voluntary acknowledgment is barred after 2 years unless that period is tolled pursuant to the law.
|
|
(b) An acknowledgment is void if it:
(1) states that another person is a presumed parent,
|
| unless a denial signed or otherwise authenticated by the presumed parent is filed with the Department of Healthcare and Family Services, as provided by law;
|
|
(2) states that another person is an acknowledged or
|
|
(3) falsely denies the existence of a presumed,
|
| acknowledged, or adjudicated parent of the child.
|
|
(c) A presumed father may sign or otherwise authenticate a voluntary acknowledgment.
(Source: P.A. 99-85, eff. 1-1-16; 99-769, eff. 1-1-17 .)
|