Do I Need to Take a DNA Test to Prove My Fatherhood in Illinois?

 Posted on June 16, 2024 in Paternity

Illinois law places equal importance on both the mother’s and the father’s roles in a child’s life. A father is considered just as necessary as a mother and has the same rights and responsibilities as a mother does.

However, sometimes it is unknown who a child’s father is. A man is automatically recognized by Illinois law as a child’s father if he is married to the mother within 300 days of the baby’s birth. Otherwise, the father must go through a legal process called establishing paternity, which is best done with the help of an Illinois paternity lawyer. When someone establishes paternity, he is officially telling the State of Illinois that he is the father of a child.

How Do I Establish Paternity?

There are three ways to establish your fatherhood in Illinois:

• You and the mother can both sign a Voluntary Acknowledgement of Paternity (VAP). This is a form you can find online or at a medical facility that delivers babies.

• You can ask the Illinois Department of Healthcare and Family Services (HFS) to issue an Administrative Paternity Order declaring you as the father.

• You can petition a court to issue an Order of Paternity recognizing you as the father.

Do I Need to Take a DNA Test?

The easiest and smoothest way to establish paternity is with a VAP, which requires the mother’s consent. Sometimes, however, the mother will not give her consent because she does not want the father to be in the child’s life for one reason or another. In that case, your options are to ask the HFS for an Administrative Paternity Order or a court for an Order of Paternity.

In both those cases, you will likely be required to submit to a DNA test. This is the easiest and most accurate way of proving that you are the father. 

What if I Do Not Want to Establish Paternity?

Sometimes the roles are reversed, where the father does not want to be in his child’s life but the mother wants him to be present. The mother may, for example, want the father to pay child support. In that case, the mother can avail herself of the same options above, and she may be able to obtain a court order compelling you to take a DNA test.

Contact a Kane County, IL Paternity Lawyer

Regardless of which way you plan to establish paternity in Illinois, it should be done with the help of a Geneva, IL paternity attorney who is familiar with the legal process. At The Law Office of Matthew M. Williams, P.C., we are experienced in every method of establishing paternity and our skilled and knowledgeable attorneys are ready to guide you smoothly through the procedure. Call 630-409-8184 to start establishing your fatherhood today.