Paternity in Illinois

 Posted on July 13, 2013 in Family Law

When a child is born, it is obvious who the mother is because she gives birth. The father, however, could be unknown, depending on the sexual partners that the mother had around the time of conception.

If a single woman is raising a child and a man claims to be the father, he must prove it before anything can be official. Both biological parents must sign the correct forms to make the fatherhood legal. If, when the child is born, the biological parents are not available to sign the forms, the woman’s husband, if available, usually signs the Voluntary Acknowledgement of Paternity form and a Denial of Paternity form is also completed.

If the biological father is missing, there are many forms to complete to fill the void of a father for the child. Depending on the relationship of the parents, different forms, identification and fees are required for this process.

If the parents were married before the child was born and remained married after the birth, the paternity is the simplest, however, every disconnect within the family makes it more complicated. If the parents are not married until after the birth, paternity must be made legal, along with if the parents are never married. It may also be affected if the parents are divorced before the child is born.

If the courts are involved in the paternity, and have determined the biological father, you must submit an Affidavit and Certificate of Correction Request form to correct the legal paternity.

The court will also require:

• The father’s full name, date of birth, place of birth and Social Security number
• The mother’s Social Security number
• A $15 fee to cover one certified copy of the birth certificate
• A copy of government-issued IDs for the father and mother

This office does not accept DNA test results as sufficient proof so it is important to have the proper paperwork.

If you are having troubles with your child’s paternity due to divorce or some other reason, contact a divorce attorney to help you. Attorneys at The Mevorah & Giglio Law Offices can help you with paternity today in Lombard, Bloomingdale, and Naperville, Illinois.