DNA Testing Under the New Parentage Act

DNAThe current Parentage Act of 1984 will most likely be given a facelift if the Governor signs HB 1531 into law.  The new act will codify the spirit of the case law that indicates that fatherhood is not always created by pure genetics. In re Parentage of G.E.M., 382 Ill. App. 3d 1102, 322 Ill. Dec. 25, 35, 890 N.E.2d 944, 945 (3rd Dist. 2008).

The new act gives courts greater ability to deny motions for DNA testing.  HB 1531 lists the following factors that courts will use in deciding whether to deny a motion requesting genetic testing:

-          The conduct of the parent, acknowledged parent, adjudicated parent, or the presumed parent and whether it estops that party from denying parentage;

-          If it would be inequitable to disprove the parent-child relationship between;

-          It if it is the child’s best interests to deny genetic testing, taking into account:

  • The length of time between the current proceeding to adjudicate parentage and the time that the presumed, acknowledged, or adjudicated parent was placed on notice that he or she might not be the biological parent;
  • The length of time during which the presumed, acknowledged, or adjudicated parent has assumed the role of parent of the child;
  • The facts surrounding the presumed, acknowledged, or adjudicated parent’s discovery of his or her possible nonparentage;
  • The nature of the relationship between the child and presumed parent
  • The age of the child;
  • The hard that may result to the child if the presumed parentage is successfully disproved;
  • The nature of the relationship between the child and any alleged parent;
  • The extent to which the passage of time reduces the chances of establishing the parentage of another person and a child support obligation in favor of the child;

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