Paternity and DNA Testing in Illinois: Your Guide to Protecting Your Rights

Establishing paternity in Illinois is a critical legal process that shapes the rights and responsibilities of parents while ensuring the well-being of children. Whether you’re a father seeking legal recognition, a mother pursuing child support, or a parent needing clarity on biological ties, understanding the laws and procedures surrounding paternity disputes in Illinois is essential.

This guide explores Illinois’ paternity laws, including the Voluntary Acknowledgment of Paternity (VAP), the role of DNA testing, associated costs, and the legal rights and responsibilities that come with establishing paternity. You’ll find actionable insights, real-life case examples, and answers to common questions—all designed to help you make informed decisions.

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Why Establishing Paternity Matters

 Determining paternity goes far beyond biology. It creates legal and emotional security for everyone involved.

• For Fathers: Paternity establishes your legal right to custody, parenting time, and participation in major decisions affecting your child’s life.
• For Mothers: Paternity clarifies financial support obligations, ensuring stability for your child.
• For Children: It secures access to benefits like health insurance, inheritance rights, and emotional clarity about their parentage.

Under the Illinois Parentage Act (750 ILCS 46), establishing or disputing paternity must follow specific legal guidelines, all of which prioritize the best interests of the child. Taking early action is crucial to protect your rights.

The Voluntary Acknowledgment of Paternity (VAP)

A Voluntary Acknowledgment of Paternity (VAP) allows unmarried parents to establish paternity without court involvement. While convenient, signing a VAP carries serious legal consequences.

Key Facts About VAPs

1. Legally Binding Upon Signing: Once you sign and file a VAP, it becomes legally binding immediately. However, a party may request a court-ordered DNA test within two years of the child’s birth. You can only challenge a VAP after this timeframe in cases of fraud, duress, or material mistake of fact
2. Establishes Rights and Responsibilities: Signing a VAP gives the father legal rights, such as custody and parenting time, but also imposes obligations like child support.
3. Timing is Critical: Cases like Breiter v. Santoro (2024 IL App 5th 210248) demonstrate the importance of taking timely action. In this case, the court denied the father’s attempt to challenge paternity years after signing a VAP because the statutory challenge window had expired.

💡Pro Tip: If you’re unsure about signing a VAP, consult an attorney before committing. Once binding, it can have lasting legal consequences.  You must consult with an attorney before your child’s birth, as the opportunity to sign a VAP is often presented at the hospital after the child’s birth.

DNA Testing: Clarifying Paternity with Certainty

DNA testing is a crucial tool for determining biological parentage, particularly in disputed paternity cases. In Illinois, courts may order DNA tests under the Illinois Parentage Act, which specifically permits DNA testing in paternity matters.

How DNA Testing Works

• Accuracy: Modern DNA tests are over 99.9% reliable, making them admissible as evidence in court so long as you submit them properly, and provide an evidentiary foundation. DNA results must comply with Illinois Parentage Act guidelines to be admissible.
• Procedure: A DNA sample is typically collected via cheek swabs from the alleged father, mother, and child.
• Legal Admissibility: To be used in court, tests must be conducted by accredited laboratories that meet state standards.

How Much Does DNA Testing Cost in Illinois?

The cost of DNA testing is often a concern for parents involved in paternity disputes. Here’s what you need to know:

Typical Costs of DNA Testing

• The Requesting Party: In most cases, the parent requesting the test is responsible for paying upfront.
• Court-Ordered Reallocation: Judges have the discretion to adjust cost responsibilities based on the financial circumstances of both parties.

💡 Tip: Always consult with an attorney about cost-sharing options if finances are a concern.

Legal Responsibilities and Fathers’ Rights After Paternity is Established

Fathers who establish paternity gain important father’s rights and take on significant responsibilities.

 Legal Rights

• Petition for custody and parenting time.
• Participate in major decisions about your child’s education, healthcare, and upbringing, if the court allocates those responsibilities to you.

 Responsibilities

• Pay child support. Illinois calculates this amount under the income-shares model, which considers both parents’ incomes.
• Meet all parental obligations, even if later evidence disproves biological paternity. If you signed a VAP, you must challenge it within the statutory time frame to avoid binding responsibilities.

 💡 Advice for Fathers: Act early to establish paternity. Doing so ensures your legal rights are protected and your responsibilities are fairly assigned.

Related Article:  Myths About Hiring a Father’s Rights Attorney

Paternity Disputes Case Study: Breiter v. Santoro (2024 IL App 5th 210248)

 The case of Breiter v. Santoro highlights the risks of delaying legal action in paternity disputes.

 What Happened?

• The petitioner signed a VAP without conducting a DNA test.
• Years later, he discovered he was not the biological father and sought to challenge the VAP.
• The court denied his petition, citing the expired statutory window and lack of evidence for fraud or duress.

 Key Takeaways

• Always consider DNA testing before signing a VAP.
• Understand that VAPs become binding, limiting the opportunity for challenges.

FAQs About Paternity Disputes and DNA Testing in Illinois

What happens if I refuse a court-ordered DNA test?

If you refuse a court-ordered DNA test, you may face legal consequences. including the court presuming paternity or holding the refusing party in contempt.

Can I challenge a VAP after I sign it?

Challenges after signing the VAP may be limited depending on the circumstances.  Generally, challenges are very difficult two years after signing the VAP except in instances of fraud, duress, or material mistake of fact.

Does establishing paternity guarantee custody rights?

Establishing paternity provides the legal standing to seek Child custody or parenting time but does not guarantee these rights. Courts decide custody (allocation of parental responsibilities/decision-making) and parenting time (visitation) based on what serves the child’s best interests.

When to Seek Legal Help for Your Paternity Dispute or DNA Testing

Paternity disputes are complex and emotionally charged. Whether you’re establishing paternity, contesting a VAP, or navigating custody issues, legal counsel is essential to protect your rights and your child’s future.

At Anderson Boback & Marshall, we specialize in Illinois family law and are committed to guiding you through every step of the paternity or child custody legal process with experience, resourcefulness, and compassion.

Contact Us Today: Schedule a consultation to explore your options and take the first step toward resolution.