Can Paternity Be Disputed After Birth in Illinois?

 Posted on October 29, 2024 in Paternity

Paternity is an important legal matter that determines a child’s biological father. While many paternity issues are resolved during pregnancy or shortly after birth, situations arise where a parent may want to dispute paternity well after a child has been born. To navigate this complex issue, it is essential for parents to understand the legal steps involved in disputing paternity. An experienced Illinois family law attorney can help guide you through the process and represent your best interests in court. 

What Are the Reasons for Disputing Paternity?

Several reasons may lead someone to dispute paternity after birth. Common situations include:

• The presumed father discovers new evidence suggesting he is not the biological father.

• Genetic testing reveals that another man may be the biological father.

• A mother believes someone else is the child’s biological father but needs legal confirmation.

Can Paternity Be Disputed After a Voluntary Acknowledgment of Paternity (VAP)?

A Voluntary Acknowledgment of Paternity (VAP) can be challenged, but only under specific conditions. If a man has signed a VAP at the time of the child’s birth, he is presumed to be the legal father. Disputing the VAP can be difficult, especially if the man signed it willingly. Under Illinois law, a challenge to a VAP must occur within 60 days of signing, unless the challenger can prove fraud, duress, or material mistake of fact occurred.

Can a Presumed Father Be Removed from the Birth Certificate?

In Illinois, a presumed father can be removed from the birth certificate if paternity is successfully disputed. However, this process requires a legal proceeding, which may include genetic testing and a petition to the court. If the court determines that the presumed father is not the biological father, the birth certificate can be amended to reflect the correct information.

It is important to note that timing is critical in these cases. If too much time has passed, or if there is evidence that the presumed father knowingly accepted his role as the legal father, the court may decide to preserve the legal paternity relationship, even if genetic tests suggest otherwise.

Does Disputing Paternity Affect Child Support Obligations?

In most cases, if a man is proven not to be the biological father, he may be relieved of child support obligations. However, this is not an automatic decision. The court will review the case to ensure that any decisions made prioritize the child’s best interests. If the presumed father has been acting as the child’s father for an extended period of time, the court may rule that he must continue paying support, even if he is not the biological father. 

Contact a Kane County Family Law Attorney

Paternity disputes can have far-reaching legal, financial, and emotional consequences. If you are considering disputing paternity, the best first step is to work with a knowledgeable St. Charles, IL family law attorney at Goostree Law Group. Call 630-584-4800 today to schedule a consultation.