Many people are familiar with the line, “You are (are not) the father!” The line – often repeated tongue-in-cheek – was made famous by daytime talk show host Maury Povich. Many episodes of the show were centered around participants who were either trying to prove or disprove allegations that they were the parent of a child. At some point during the episode, the results of a paternity test would be revealed to the show participants and the audience the results, with the host delivering his famous line.

The reality for many people, however, is that paternity of a child is anything but entertainment. Proving paternity means a father will have parenting rights, as well as being required to contribute to the financial support of a child. In Illinois, paternity is determined in several ways.

Presumptions of Paternity

The state of Illinois has enacted presumptions of paternity in certain cases where there is a question of who a child’s father is. The state may presume the person is the child’s father in the following situations:

Establishing paternity in Illinois is essential for many reasons. Not only do parents have legal rights to their children, but many parents wish to establish legal parentage as a way to feel bonded to their children. If the parents of a child were unmarried at the time of the birth, a father would have to obtain legal paternity. With paternity comes legal rights to the child, including custody and the ability to make crucial decisions throughout the child’s life. 

What is Paternity?

Paternity is the legal term for the relationship between a father and child. When a mother gives birth, there is no question that the child belongs to her. However, there is no natural way to determine the father of a child without established paternity or a DNA test. Paternity does not always refer to the biological father, either. A parent can obtain legal rights through adoption. 

Why Should I Establish Paternity?

An unmarried father can face hurdles with his legal rights to the children born out of wedlock. These issues arise because paternity has not been established. There are many reasons that fathers choose to establish paternity, including:

Most people are unaware of Illinois paternity laws until they have a child. While mothers typically establish parentage by giving birth, fathers are treated differently under the law. A mother or father who wishes to establish paternity of their child may need to take certain actions to do so. Unfortunately, paternity issues can be complicated both legally and personally. A family law attorney can help.

Paternity Is Not Assumed if Parents are Unmarried

In Illinois, the law presumes a mother’s husband to be the father of her baby. However, if the parents are not married at the time of the child’s birth or if there is uncertainty about who the father is, paternity will need to be formally established.

There Are Several Ways to Establish Paternity

The easiest way to establish paternity is a Voluntary Acknowledgement of Paternity. Parents can sign this form if they are both certain who the father is. However, sometimes, paternity must be established by an administrative order or through the family court system.

In Illinois, there are several different methods through which a man can be legally recognized as a child’s father. For example, when a child’s parents are married at the time of his or her birth, the man is presumed to be the father without any need for further confirmation or legal action. Unmarried parents can also establish parentage through a Voluntary Acknowledgment of Paternity (VAP), which keeps the court’s involvement to a minimum. However, there are cases in which it is important to confirm that a man is, in fact, a child’s biological father, and DNA tests are often used for this purpose.

Genetic Testing for Paternity in Illinois

Genetic testing adds another cost to paternity proceedings, and it also takes time for the results to come back, which can delay the resolution. If you are confident in your child’s parentage, and you and the other parent are in agreement, it may be best to forgo a DNA test. However, genetic testing may be the best approach in any of the following situations:

• When there is uncertainty regarding the child’s parentage. Perhaps you believe yourself to be a child’s father and you want to sign a VAP, but there is another man who may have a claim of paternity. In this case, it may be in your best interest to voluntarily request genetic testing to protect your rights or contest a competing claim.

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Whether you are a child’s mother or father, establishing legal paternity provides important benefits for both you and your child, including court-ordered child support, other benefits for the child, such as health insurance and inheritance, and parental rights for the father. In Illinois, you have a few different options for establishing paternity, depending on the willingness of both parents to cooperate with the process.

It is important to note that if the parents are legally married at the time of a child’s birth, parentage is presumed without the necessity of any further legal action. The same can be true if the parents were previously married within 300 days of the child’s birth, or if they get married after the child’s birth. If none of these situations apply to you, you will need to take one of the following steps in order for a person to be legally recognized as the child’s father.