Paternity is legal fatherhood—and establishing it is one of the most important steps in the child support process. A man is generally presumed to be the father of children born to his wife during their marriage. The presumption of the husband’s paternity can be rebutted through court-ordered genetic testing. The circumstances under which paternity is presumed vary from state to state, and are usually included in a state’s statutes—often in the statutes grouped together and known as the family code.
In Illinois, paternity, or legal fatherhood, is crucial for child support proceedings and confers rights and responsibilities to the father. Under Illinois law, a man is presumed to be the father of a child if the child is born to his wife during their marriage. This presumption can be challenged and potentially overturned with the help of genetic testing, which may be ordered by the court. The Illinois Parentage Act of 2015 governs paternity issues in the state and outlines the conditions under which paternity is presumed, as well as the procedures for establishing, confirming, or disputing paternity. This includes voluntary acknowledgment of paternity by signing a Voluntary Acknowledgment of Paternity form, administrative orders by child support services, or through a court judgment. Establishing paternity is essential for determining child support obligations, custody rights, and inheritance rights, among other legal matters related to the child.