In Illinois, paternity forms the basis of a father’s parental rights and parental responsibilities. For married men, paternity is rather simple — a man is assumed to be the father of his wife’s child and no legal action is required to establish paternity.
For unmarried men, the process does not have to be complicated. If paternity is not in dispute, both parents can sign and submit a Voluntary Acknowledgment of Paternity form (VAP), which is sufficient to establish legal paternity.
However, if there is a dispute over parentage—either because the mother denies the paternity or the alleged father denies paternity—legal action may be required. Here are the four basic steps to bring a paternity case in Illinois.
Parties seeking to prove parentage must complete the proper petition form. There are two basic types of paternity petition forms – one for a mother seeking to prove a man is the father of her child and one for a man who seeks to prove he is the father of a child.
Once the parentage petition form is filled out, you must file it with the appropriate Illinois court. How exactly you file the form will depend on the specific county in which you are taking action. In some cases, parentage petitions can be e-filed. Your petition must be filed correctly, if not, your case may be prevented from moving forward.
In Illinois, you have an obligation to serve the other party with your legal complaint (the petition) and a summons. Failure to properly serve the other party could result in the case being automatically dismissed. If you have any questions about serving a respondent in a family law case, it is highly recommended you consult with an experienced Illinois paternity lawyer.
Assuming your parentage petition has been filed and served in the correct manner, a paternity hearing will be scheduled. At the hearing, you will get an opportunity to present your case. It is crucial you are prepared for the hearing. If paternity remains in dispute, genetic testing may be ordered.
It is worth remembering that proving paternity is not always the end of a legal case—especially if parentage has been in dispute. A mother who proves paternity may want to seek child support from the father. Similarly, a man who proves he is the father of a child has a right to make a claim for the allocation of parental responsibilities.
A parentage case is a legal proceeding to establish the legal relationship between a parent and a child. This can include determining paternity (fatherhood) or maternity (motherhood).
The biological mother, the alleged father, or the child (in rare cases) can initiate a parentage case.
To start a parentage case, you need to file a petition with the circuit court in the county where the child lives. You will also need to serve the other parent with a petition and summons.
You will need to fill out several forms, including:
After filing the petition, the court will review the case and may schedule a hearing. The judge will consider evidence, such as genetic testing, to determine parentage.
While it’s not required to have a lawyer, it is highly recommended to consult with a family law attorney to navigate the legal process and protect your rights.
Establishing parentage grants legal rights and responsibilities, including custody, visitation, and child support. It also ensures the child’s access to financial support, inheritance, and medical benefits.
Yes, parentage can be established through a Voluntary Acknowledgment of Parentage (VAP) form, which both parents sign. This form is legally binding and can be filed with the Department of Healthcare and Family Services.
If the other parent disputes parentage, the court may order genetic testing to determine the biological relationship.
The duration of a parentage case can vary depending on the complexity of the case and the court’s schedule. It may take several months to a year or more to reach a final resolution.
At Keller Legal Services, our Naperville paternity lawyers are compassionate, skilled advocates for parents. To set up a free, private review of your paternity case, please contact us today. With law offices in Naperville, Aurora, and Bolingbrook, our paternity attorneys represent clients throughout Northern Illinois.
(Updated 2/6/2025)
