How long does a father have to establish paternity in Illinois?
In Illinois, After the child reaches the age of 20, a father cannot establish paternity. The earlier you establish paternity the likelihood of becoming a legal father of your child you will have.
Please note, the information shared in the post does not replace legal advice. It is recommended that you seek legal consultation from a Family Law Attorney in Illinois to learn more about paternity establishment.
Court ordered paternity test Illinois
Unmarried Men
In order to get a court-ordered paternity in Illinois. A paternity petition must be filed with family court. If accepted a a court ordered will be issued to attend a hearing. At the hearing, the judge will request a paternity test be performed.Please note, court ordered paternity tests normally pertain to unmarried couples.
Benefits of establishing paternity
Below are some the key reasons an unmarried father should establish paternity.
– Legal Rights and Responsibilities – Establishing paternity gives the father legal rights such as custody and visitation, as well as responsibilities like child support. This gives the child access to both parents.
– Medical History – Knowing both biological parents’ medical histories can help identify any potential health risks or conditions in the child. This knowledge can guide medical decisions.
– Financial Support – Formal child support from the father helps provide financial stability for the child. This can include things like child care, education, healthcare, and other expenses.
– Social Security and Inheritance – A legally established paternal relationship grants the child eligibility for government benefits like social security if the father passes away or becomes disabled. The child is also eligible for inheritance rights.
– Identity – Knowing one’s biological origins can give a greater sense of self-identity, belonging, and connection to family ancestry. Children feel more rooted when they formally know both parents.
– Emotional Support – Children do better when they have active and loving support from two parents, even if not living together. Establishing paternity ideally provides this.
In summary, determining legal paternity positively impacts the child in terms of rights, resources, history, identity, and emotional well-being by formally connecting the child with the biological father and his extended family. This should be pursued whenever possible.
Married Men
Married men can establish paternity through genetic testing, even without their wife’s consent, if the child was conceived during the marriage or within 300 days before the child was born. Therefore, a married man is automatically considered the legal father and can order a genetic test without his wife’s consent. However, for greater accuracy, it is recommended that the mother participate in the DNA paternity testing process.
Conclusion:
In conclusion, a unmarried man who wants to establish paternity for his child must realized there is a window of time he has to establish paternity in Illinois, which is up until the age of 20. After the age of 20 years old the odds of paternity may no longer be available.
We recommend that alleged fathers should establish paternity as soon as possible to ensure your child receives the best chance of providing financial and medical support, and allowing your child the opportunity to better understand were he or she comes from.
