Frequently Asked Questions About Parentage in Illinois

 Posted on July 04, 2025 in Paternity

Establishing parentage, commonly referred to as paternity, is an important legal step for parents in Illinois. It is the first step in protecting a father’s rights and the child’s best interests. Before speaking with an experienced Wheaton, IL paternity lawyer about your case, consider some frequently asked questions about paternity and how Illinois law handles these cases.

Can a Man Be Forced To Take a DNA Test in Illinois?

Under Illinois law, a man can be required to take a DNA test if paternity is disputed. According to Article 6 of the Illinois Parentage Act of 2015, the court may order genetic testing if someone files a petition to establish or challenge paternity. It is not uncommon for a man to refuse the test. If that happens, the court can enter a default judgment declaring him the child’s legal father. He then takes on all the legal responsibilities of a parent and can be subject to a child support order.

How Can You Get a Paternity Test in Illinois?

Paternity testing in Illinois can happen in several ways. The most common method is through a court order. Section 602 of the Parentage Act outlines who can request the test, including:

• The child or the child’s mother

• A pregnant woman

• A man who presumes he could be the child’s parent

• A woman who could be the child’s parent

• A governmental agency authorized by law

• Any person or public agency with physical possession of the child

• The Department of Healthcare and Family Services

• A representative of the child

• An adoption agency or licensed child welfare agency

You do not need a court order to have a paternity test. Parents can arrange a private DNA screening. However, if you want it to be valid in legal proceedings, you should speak with an experienced attorney about the proper procedures.

What Is a Voluntary Acknowledgment of Paternity in Illinois?

A Voluntary Acknowledgment of Paternity (VAP) is a legal form that parents can sign to establish a man as the child’s legal father without going to court. It is often signed at the hospital when the child is born, but it can be completed later. Under Article 3 of the Parentage Act, filling out a VAP and filing it with the Illinois Department of Healthcare and Family Services is the same as getting a court order for paternity. The father will get his legal rights.

If you sign a VAP and change your mind, you have 60 days to rescind the acknowledgment or until a court proceeding starts, whichever comes first. After that, it can only be challenged in court under circumstances like fraud or duress.

What Happens if the Mother Is Married To Someone Other Than the Biological Father?

Under Illinois law 750 ILCS 46/204, a husband is presumed to be the child’s father if a woman is married when her child is born. You can challenge the presumption, but it requires legal action. Anyone involved can bring a case to court, and genetic testing may be ordered. The court will then decide whether to remove the presumption and establish the biological father’s rights and obligations. However, until paternity is legally established, the law says the husband is responsible for the child.

Contact a Wheaton, IL Paternity Attorney for a Free Consultation

Parentage can be a sensitive and complex subject, but an experienced DuPage County, IL parentage lawyer at Davi Law Group can help you navigate your rights and options. Call 630-657-5052 today for a free consultation to discuss your case and protect your relationship with your child.