The Parentage Act of 2015 (replacing the Illinois Parentage Act of 1984)-What’s New?

There were several portions of the Illinois Parentage Act of 1984 that were updated with the Parentage Act of 2015 but some of the focus was on extending equal rights to every child and his or her parents, regardless of their marital status and gender.  The act also extends the marital presumption to same-sex couples, uses gender neutral terminology, and incorporates provisions from the current Parentage Act.   The provisions of this Act are equally applicable to men and women as parents, including but limited to child support.  However, although some states are allowing a child to have three or more parents, Illinois is holding firm that a child can have no more than two (2) parents.

The new act also redefined/updated several definitions, two (2) of them in particular dealing with the definition regarding assisted reproduction (Assisted reproduction: a method of causing pregnancy other than sexual intercourse and Donors: an individual who contributes a gamete or gametes used for assisted reproduction.

One other major change was regarding a parent-child relationship.  A person is presumed to be the parent of a child if: 1.) The person and the mother were in a marriage, civil union, of substantially similar legal relationship, even if the legal relationship is declared invalid 2.) The marriage, civil union or substantially similar legal relationship occurs after the birth of the child and the parents are named on the birth certificate. 3.) The child is born to the mother within 300 days after the marriage, civil union or substantially similar legal relationship is terminated by death or divorce.

 

Although these are only a few of the changes, there are major ones as the Act tries to incorporate shifting dynamics of parent-child relationships and relationships between parents, in particular of the same sex.

 

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