Paternity

Illinois governs these cases under the Illinois Parentage Act of 2015 (750 ILCS 46). Once the parent-child relationship is established under the Act, it applies for all purposes unless another law specifically says otherwise. 

Why Establishing Parentage Matters

A legally established parent-child relationship can affect:

• Parenting time and decision-making responsibilities
• Child support and contribution to child-related expenses
• Access to medical information and the ability to consent to care
• Potential benefits (insurance, inheritance, Social Security/VA benefits in some cases)

Most families pursue parentage because they want a stable, enforceable structure, so no one is left guessing when conflict arises.

Common Ways Parentage Is Established in Illinois

1) Voluntary Acknowledgment of Parentage (VAP)

When both parents agree about parentage, Illinois allows parentage to be established through a Voluntary Acknowledgment of Parentage (VAP). Illinois HFS describes the VAP as a key form used by the “Birth Parent and the Parent (genetic or intended) to establish parentage.” 

Important timing detail: Illinois HFS instructions state that either parent may rescind (withdraw) the VAP by filing the proper rescission form with HFS within 60 days of the effective date of the VAP, or before a related court proceeding, whichever is earlier.

2) Court Parentage Case (Including Genetic Testing)

When parentage is disputed, or when a VAP isn’t appropriate, the Parentage Act provides for a court case to adjudicate parentage. The court issues an order determining whether an alleged or claiming parent is a parent of the child. 

3) Presumption of Parentage (Often In Marriage/Civil Union Situations)

Illinois also recognizes legal presumptions of parentage under the Parentage Act (for example, in circumstances involving marriage/civil union and timing of birth). These presumptions can be important when someone is presumed to be a parent unless and until that status is successfully challenged under the Act.

What Happens After Parentage Is Established

Once parentage is legally established, Illinois courts can address the practical parenting issues that families need resolved, most commonly:

Allocation of Parental Responsibilities (Decision-Making)

Illinois courts allocate significant decision-making responsibilities according to the child’s best interests, and the law does not require that each parent receive decision-making responsibilities.

Parenting Time

Parenting time is set according to the child’s best interests, usually through a parenting plan or court-ordered schedule (often alongside decision-making allocation).

Child Support

After parentage is established, child support can be addressed under Illinois law (often using the income shares model framework in family cases).

The Johnson Law Group “Thinking Attorney” Approach to Illinois Parentage

Parentage cases are emotionally charged because they sit at the intersection of identity, parenting, and finances. We bring structure and clarity:

• Early case mapping: Which parentage path fits (VAP vs. court action vs. presumption issues)?
• Evidence discipline: Income documentation, communications, parenting history, and any testing/orders handled cleanly
• Child-focused outcomes: Parenting time and decision-making plans that work in real life
• Enforceability: Orders that reduce future conflict and are built to hold up

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FAQs: Illinois Paternity (Parentage)

Is “paternity” the same as “parentage” in Illinois?

People often say “paternity,” but Illinois uses the term parentage in the Parentage Act. 

What is a Voluntary Acknowledgment of Parentage (VAP)?

It’s a form used to establish parentage when the Birth Parent and the Parent agree. Illinois HFS provides the VAP form and instructions. 

Can a VAP be undone?

HFS instructions state a parent may rescind the VAP by filing the proper rescission with HFS within 60 days of the effective date or before a related court proceeding, whichever is earlier. 

Does establishing parentage automatically create a parenting schedule?

Not automatically. Establishing parentage creates the legal relationship; parenting time and decision-making are then addressed through agreement and/or court orders based on the child’s best interests.