How Long Does a Father Have To Establish Paternity in Illinois

Establishing paternity in Illinois has different processes based on marital status. Putative (assumed) fathers can establish paternity for a child before the age of 20. The following explains who can establish paternity and the methods involved.

How long does it take to establish paternity?

Establishing the paternity of a child depends on your circumstance.

In Illinois, paternity establishment occurs in these situations:

Married Couples: Automatic paternity occurs for married couples; no further steps are necessary.

Unmarried Parents: Unmarried parents can establish paternity through two methods:

• Signing the paternity affidavit at the hospital within 72 hours of the child’s birth
• One parent must file a paternity petition with Family Court when the mother and putative father disagree on paternity. After the court accepts the petition and schedules a hearing, a judge may order a paternity test.
• Putative fathers has up to 20 years old to establish paternity. In some circumstances where the alleged father learns has a child. He has an extension of two years after the age of 20 to establish paternity.

Presumption of Paternity

• In Illinois married men and men who have a child is born within 300 days after a marriage ends.
• Any child conceived in a marriage even if the husband is not the biological father. The husband is presumed the legal father.

What you need to know before signing a paternity affidavit

Before signing a paternity affidavit in Illinois, both parents must:

1. Receive written and oral information about:
   • Available alternatives
   • Legal rights and responsibilities
   • Consequences of signing the document
2. Have the opportunity to review all information privately (without the other parent present)
3. If under 18 years old, be given time to consult with an adult before signing

Important note: A paternity affidavit is legally binding once signed, and no further court action is required to establish paternity.

Can paternity establishment be rescinded?

Yes. Paternity establishment can be rescinded within 60 days of signing the affidavit. Both the mother and presumed father must sign a Disestablishment of Paternity form for the rescission to take effect.

Please keep in mind mothers cannot rescind paternity after she has signed a paternity affidavit.

Establishing Joint Legal Custody for Unmarried Parents

Custody Types

• Physical Custody: Determines child’s residence
• Legal Custody: Determines decision-making authority for education, healthcare, religious training, and access to records

Default Status

• Mother automatically has physical custody unless court orders otherwise
• Mother has sole legal custody by default

Requirements for Joint Legal Custody

To establish joint legal custody, unmarried parents must:

1. Complete Section F of the Paternity Affidavit
2. Obtain genetic test from accredited laboratory confirming biological paternity
3. Submit test results to local health department within 60 days of birth

Important Consequences

If parents fail to submit test results within 60 days OR test proves man is not biological father:

• Man who signed Paternity Affidavit remains legal father
• Joint legal custody agreement becomes void
• Mother retains sole legal custody

What are the benefits of establishing paternity in Illinois?

The key benefits of establishing paternity in Illinois for unmarried parents are:

Benefits for the child

• Receives financial support from both parents
• Gains access to father’s health insurance
• Secures inheritance rights through father
• Obtains access to father’s family medical history

For Parental Rights

• Both parents participate in child naming decisions
• Father gains legal recognition
• Creates foundation for custody arrangements
• Establishes visitation rights framework

For Legal Implications

• Enables child support enforcement
• Creates legal basis for parental responsibilities
• Protects father’s rights to involvement
• Provides documentation for government benefits

In essence, establishing paternity creates legal recognition of the father-child relationship, which in turn enables rights and responsibilities for both parents and provides important benefits for the child’s well-being and future.

Can genetic testing establish paternity in Illinois?

Yes. Illinois accepts genetic testing for paternity establishment through two methods:

1. Court process: File paternity petition, obtain court-ordered DNA test.
2. Mutual agreement: Parents consent to testing without court involvement.

Requirements:

• Only AABB-accredited laboratories qualify for legal testing. All legal DNA paternity testing services we provide are performed by a partner AABB accredited lab.
• Test results establish biological relationship
• Documentation is recognized by Family Court in Illinois.

Does signing a birth certificate establish paternity in Illinois?

In Illinois, signing a Voluntary Acknowledgment of Paternity (VAP) establishes legal paternity for unmarried fathers. When both parents sign this form, typically at the hospital after birth, it creates a legally binding determination of paternity.

The VAP is filed with the Illinois Department of Healthcare and Family Services (HFS), which then authorizes the addition of the father’s name to the birth certificate. This signature carries the same legal weight as a court order establishing paternity.