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91_HB1684
LRB9102062WHdv
1 AN ACT to amend certain Acts in relation to the parent
2 and child relationship.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Code of Civil Procedure is amended by
6 changing Section 2-1401 as follows:
7 (735 ILCS 5/2-1401) (from Ch. 110, par. 2-1401)
8 Sec. 2-1401. Relief from judgments.
9 (a) Relief from final orders and judgments, after 30
10 days from the entry thereof, may be had upon petition as
11 provided in this Section. Writs of error coram nobis and
12 coram vobis, bills of review and bills in the nature of bills
13 of review are abolished. All relief heretofore obtainable
14 and the grounds for such relief heretofore available, whether
15 by any of the foregoing remedies or otherwise, shall be
16 available in every case, by proceedings hereunder, regardless
17 of the nature of the order or judgment from which relief is
18 sought or of the proceedings in which it was entered. Except
19 as provided in Section 6 of the Illinois Parentage Act of
20 1984, there shall be no distinction between actions and other
21 proceedings, statutory or otherwise, as to availability of
22 relief, grounds for relief or the relief obtainable.
23 (b) The petition must be filed in the same proceeding in
24 which the order or judgment was entered but is not a
25 continuation thereof. The petition must be supported by
26 affidavit or other appropriate showing as to matters not of
27 record. All parties to the petition shall be notified as
28 provided by rule.
29 (c) Except as provided in Section 20b of the Adoption
30 Act and Section 3-32 of the Juvenile Court Act of 1987 or in
31 a petition based upon Section 116-3 of the Code of Criminal
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1 Procedure of 1963 and except as otherwise provided in
2 subsection (4) of subsection (a) of Section 9 of the
3 Parentage Act of 1984, the petition must be filed not later
4 than 2 years after the entry of the order or judgment. Time
5 during which the person seeking relief is under legal
6 disability or duress or the ground for relief is fraudulently
7 concealed shall be excluded in computing the period of 2
8 years.
9 (d) The filing of a petition under this Section does not
10 affect the order or judgment, or suspend its operation.
11 (e) Unless lack of jurisdiction affirmatively appears
12 from the record proper, the vacation or modification of an
13 order or judgment pursuant to the provisions of this Section
14 does not affect the right, title or interest in or to any
15 real or personal property of any person, not a party to the
16 original action, acquired for value after the entry of the
17 order or judgment but before the filing of the petition, nor
18 affect any right of any person not a party to the original
19 action under any certificate of sale issued before the filing
20 of the petition, pursuant to a sale based on the order or
21 judgment.
22 (f) Nothing contained in this Section affects any
23 existing right to relief from a void order or judgment, or to
24 employ any existing method to procure that relief.
25 (Source: P.A. 90-18, eff. 7-1-97; 90-27, eff. 1-1-98; 90-141,
26 eff. 1-1-98; 90-655, eff. 7-30-98.)
27 Section 10. The Illinois Parentage Act of 1984 is
28 amended by changing Section 7 as follows:
29 (750 ILCS 45/7) (from Ch. 40, par. 2507)
30 Sec. 7. Determination of Father and Child Relationship;
31 Who May Bring Action; Parties.
32 (a) An action to determine the existence of the father
-3- LRB9102062WHdv
1 and child relationship, whether or not such a relationship is
2 already presumed under Section 5 of this Act, may be brought
3 by the child; the mother; a pregnant woman; any person or
4 public agency who has custody of, or is providing or has
5 provided financial support to, the child; the Illinois
6 Department of Public Aid if it is providing or has provided
7 financial support to the child or if it is assisting with
8 child support collection services; or a man presumed or
9 alleging himself to be the father of the child or expected
10 child. The complaint shall be verified and shall name the
11 person or persons alleged to be the father of the child.
12 (b) An action to declare the non-existence of the parent
13 and child relationship may be brought by the child, the
14 natural mother, or a man presumed to be the father under
15 subdivision (a)(1) or (a)(2) of Section 5 of this Act.
16 Actions brought by the child, the natural mother or a
17 presumed father shall be brought by verified complaint.
18 After the presumption that a man presumed to be the
19 father under subdivision (a)(1) or (a)(2) of Section 5 has
20 been rebutted, paternity of the child by another man may be
21 determined in the same action, if he has been made a party.
22 (b-5) An action to declare the non-existence of the
23 parent and child relationship may be brought subsequent to an
24 adjudication of paternity in any judgment by the man
25 adjudicated to be the father in a paternity proceeding under
26 pursuant to the presumptions in Section 5 of this Act or any
27 other law of this State if, as a result of deoxyribonucleic
28 acid (DNA) tests, it is discovered that the man adjudicated
29 to be the father is not the natural father of the child.
30 Actions brought by the adjudicated father shall be brought by
31 verified complaint. A man who has been adjudicated in a
32 paternity proceeding in any other jurisdiction to be the
33 father of a child may file a motion, accompanied by the man's
34 affidavit, to declare the non-existence of the parent and
-4- LRB9102062WHdv
1 child relationship in an action brought in this State to
2 enforce a judgment or order entered in the other jurisdiction
3 if, as a result of deoxyribonucleic acid (DNA) tests, it is
4 discovered that the man adjudicated to be the father is not
5 the natural father of the child. If, as a result of the
6 deoxyribonucleic acid (DNA) tests, the plaintiff or movant is
7 determined not to be the father of the child, the
8 adjudication of paternity and any orders regarding custody,
9 visitation, and future payments of support may be vacated.
10 (c) If any party is a minor, he or she may be
11 represented by his or her general guardian or a guardian ad
12 litem appointed by the court, which may include an
13 appropriate agency. The court may align the parties.
14 (d) Regardless of its terms, an agreement, other than a
15 settlement approved by the court, between an alleged or
16 presumed father and the mother or child, does not bar an
17 action under this Section.
18 (e) If an action under this Section is brought before
19 the birth of the child, all proceedings shall be stayed until
20 after the birth, except for service or process, the taking of
21 depositions to perpetuate testimony, and the ordering of
22 blood tests under appropriate circumstances.
23 (Source: P.A. 89-674, eff. 8-14-96; 90-18, eff. 7-1-97;
24 90-715, eff. 8-7-98.)