What Are My Options for Establishing Paternity of My Child in Illinois?

 Posted on May 05, 2021 in Paternity

When a child is born to parents who are unmarried, the father does not yet have any legal rights to the child, unlike the mother. Many parents, especially fathers, do not realize that there are certain steps that they must take to gain their legal parental rights and to ensure the paternity of their child is established. Until the paternity of a child is established, no orders pertaining to parenting time, decision-making responsibilities, or child support will be entered. Paternity can be established in a variety of ways, but the situation is not always as easy as just completing paperwork. A knowledgeable paternity lawyer will be able to help make the process a little easier.

Uncontested Declaration of Paternity

Before a father can establish his legal rights, he must first ensure that his paternity is established over his child. This can be accomplished in a variety of ways, but the easiest way to establish paternity is by using a Voluntary Acknowledgment of Paternity (VAP) form. This form can be filled out right in the hospital after the child is born and only requires both the mother's and the father’s signatures to be valid. Once you sign the VAP, you are able to have the father’s name put on the child’s birth certificate.

When Paternity is Contested

However, not all cases involve both parents agreeing to the paternity, or knowing who the father is. In these situations, paternity can be established a couple of different ways. In most contested paternity cases, DNA or genetic testing will be done to determine whether or not the alleged father is also the child’s biological father. For these tests, the mother, father, and child all give a small sample of cells from the inside of their cheek, so that they can be compared for similarities. If there are enough similarities between the child’s DNA and the father’s DNA, then an order of paternity is given, establishing paternity for the child.

Contact Our St. Charles, IL Paternity Attorney For More Information

If you have been thinking of establishing the paternity of your child or you have an existing paternity issue, you should speak with a Kane County paternity lawyer to discuss your case. At the Law Office of Matthew M. Williams, P.C., we have been helping families come together by establishing paternity for more than 15 years. To discuss your case or pose any questions that you may have, call our office today at 630-409-8184 to schedule a consultation.

Sources:

https://www.illinois.gov/hfs/ChildSupport/FormsBrochures/Pages/hfs3282.aspx

https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=3638&ChapterID=59