My girlfriend is pregnant. She talked about putting the child up for adoption. Can I do anything to try to prevent this?
Yes. There is an Illinois law which provides for a “putative father registry" -- see the
Illinois Department of Children and Family Services Website discussing this registry. For a free registration form contact:
The Illinois Putative Father Registry
The Illinois Department of Children and Family Services
James R. Thompson Center
100 West Randolph, 6th Floor
Chicago, Illinois 60601
1-800-420-2574
Father's who sign up for this registry, should do so no later than 30 days after the child birth (or during the pregnancy). Fathers who register with the Putative Father Registry must begin legal proceedings to establish paternity within 30 days of registering, to fully protect their rights, including the right to notice of any adoption proceedings.
What are the consequences of failing to register with the Illinois' putative father registry?
If the putative father does not register the following consequences can result:
His consent to an adoption will not be required. (§8(a)(3),12.1(h)).
He will not receive notice of the filing of an adoption action. (§12(a)(d)).
He will not receive notice of any hearing in an adoption action. (§12.1(h)).
He will be deemed to have abandoned the child and his failure to register shall be prima facie evidence of sufficient ground to support termination of his parental rights. (§12.1 (h)).
He may be barred from declaring himself to be the father of his child in a paternity action. (§12.1(g)).
My girlfriend is pregnant and I am almost certain I am the father. My girlfriend has suggested
I should go to the hospital and sign a document indicating I am the father. If I sign such a document and later learn that I am not the father, what are my rights?
The document that is often signed at the hospital is called a “Voluntary Acknowledgment of Paternity.” Once a voluntary acknowledgment of paternity is signed and properly notarized, this document is virtually the same as a court’s adjudication of paternity. An individual who signs such a document has only sixty days to rescind the document. Once more than sixty days have passed it may be impossible to challenge the document. The only exception is that an individual may try to challenge the voluntariness of the acknowledgment if he can show that it was obtained by fraud, duress or material mistake of fact. Note that any voluntary consent form specifically provides for a waiver of rights to genetic testing and rights to a lawyer in proceedings to determine paternity. For this reason, if there is even the slightest doubt of paternity, the safest course is to have paternity tests completed.
I think I signed that Voluntary Acknowledgment of Paternity form but am not quite certain. How do I find out and how can I get another copy?
Requests for the voluntary acknowledgement of paternity form should be made to the Illinois Department of Public Aid, ACE Unit, 509 S. 6th Street, Springfield, IL 62701. Requests should contain the signature of the requesting parent. They must contain the child's name and date of birth as well as the requesting parent's social security number. The IDPA will verify whether a record exists by calling (217) 782-8920.
If I am listed as the father on the birth certificate, does this mean that I signed the Voluntary Acknowledgment of Paternity form?
Yes -- with birth certificates issued on August 9, 1996 or later. If the birth certificate was issued after this date, a man may be listed on the birth certificate only if (1) he was married to the mother at the time of birth or conception or (2) he and the mother have signed a voluntary acknowledgment of parentage.
What is the cost of paternity testing?
We have found that the cost for DNA testing is generally less than $800.
I recently gave birth and insurance did not cover the cost which included a Caesarean section. Will the father be required to contribute toward the medical expenses that I incurred?
The law provides that if an action is brought within two years of the child's birth, the judgment may require “either parent to pay the reasonable expenses incurred by either parent relating to the mother's pregnancy and the delivery of the child.” Therefore, the father would likely be required to contribute to such expenses.
What about retroactive child support? May I be required to pay support as of the date of the child's birth?
Illinois law provides that the court may order child support payments be made before a case is brought. The question of whether and to what extent back support will be payable is determined on a case-by-case basis. Illinois paternity law provides several factors in making this determination, however, Illinois paternity law also provides, “for purposes of determining the amount of child support to be paid for any period before the date the order for current child support is entered, there is a rebuttable presumption that the father's net income for the period prior was the same as his net income at the time the order for current child support is entered.” What this means is that it is generally presumed that the father's current net income is the same as the father's net income from the date of the child's birth. Accordingly, the mother generally does not have to prove the amount of the father's previous net income in order to obtain an award of back child support.
Can the parties to paternity proceedings agree that the custodial parent would have to get the approval of the other parent or leave of court to remove a child from Illinois?
Likely yes. Often the terms of an agreed paternity judgment will provide that a parent is not to remove the child from the state of Illinois without the agreement of the other parent, or leave of court. While there is little law on the subject, your attorney may advise you that this is an issue that may be negotiated between the parents.
CONTACT US:
The Olson Law Firm, LLC
312-629-9900
petero@olsonlawfirm.net
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