Revoking a Paternity Acknowledgement

 Posted on November 02, 2015 in Paternity

In Illinois, if parents are not married when their child is born, then they must establish the child’s paternity if they wish to establish certain rights between the child and the father. There are a number of ways to establish paternity for a child. The easiest method to establish paternity is for both parents to sign a Voluntary Acknowledgment of Paternity (VAP) form.

In some cases, however, parents may sign the form, yet later on wish to revoke their signature, for a number of reasons. If you are considering signing or revoking a VAP, it is important to understand the legal ramifications that go along with these actions and prepare yourself for the process. 

Voluntary Acknowledgment of Paternity

Under Illinois law, unmarried parents can establish a child’s paternity through an order from a court. Arriving at a final order from a court can take a while and both parents may want to simply sign a VAP to ensure their child’s paternity is immediately known. A VAP is a legal agreement. By signing the VAP, the man who signs the form declares he is the child’s father and gives up the right to have a DNA test performed to determine the child’s parentage.  

Additionally, by signing the document, the father accepts his responsibility to financially support the child; he also agrees to receive notification if the child is going to be adopted and to have his name placed on the child’s birth certificate. It is important to know that the VAP will not give the father the right to custody or visitation with the child. These are separate issues that must be decided by a court.

Revoking a Voluntary Acknowledgment of Paternity

Under Illinois law, either parent can revoke the VAP if they decide that they should not have provided their signature. Either the mother or the father can sign a Rescission of Voluntary Acknowledgment of Paternity form. The form must be signed, witnessed, and delivered to the Illinois Department of Healthcare and Family Services within 60 days of signing the VAP. If 60 days have passed, then the VAP can only be challenged in court. Either parent can file a motion to vacate the VAP. The parent seeking to revoke the VAP must be able to demonstrate the VAP was signed fraudulently, under duress, or because of a material mistake of fact in a court. 

Contact an Attorney

Ensuring that you have accurately acknowledged your child’s paternity is important for your child. Establishing paternity sets up an entire set of legal relationships between the child and their father. If you have questions about parentage, an attorney can help you understand the legal issues surrounding your child’s paternity. Please contact the DuPage County parentage attorneys at the Davi Law Group, LLC. We can discuss your concerns and guide you as you make the best decisions for your family.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=041005350K12