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IL SB1867

Bill

Status

Engrossed

4/24/2013

Primary Sponsor

Chapin Rose

Click for details

Origin

Senate

98th General Assembly

AI Summary

  • Allows persons aggrieved by administrative child support or paternity orders to petition for relief up to 2 years after the order is issued, using the same grounds available for relief from civil judgments under Section 2-1401 of the Code of Civil Procedure.

  • Permits challenges to administrative paternity determinations (not based on voluntary acknowledgment) in court on grounds of fraud, duress, or material mistake of fact, with the challenging party bearing the burden of proof and required to submit to DNA testing.

  • Establishes that DNA evidence showing a man found to be the father is not the biological father constitutes a material mistake of fact for purposes of challenging administrative paternity determinations.

  • Sets a statute of limitations of 6 months from the effective date or 2 years from obtaining knowledge of relevant facts (whichever is later) for actions challenging administrative paternity determinations, not extending beyond when the child turns 18 years old.

  • Clarifies that periods when the natural mother or child refuses DNA testing do not count toward the 2-year limitation period, and allows legal responsibilities to remain in effect during challenges unless the court orders otherwise for good cause.

Legislative Description

PARENTAGE-ACKNOWLEDGEMENT

Last Action

Tabled Pursuant to Rule 22(g)

5/15/2013

Committee Referrals

Judiciary4/30/2013
Rules4/29/2013
Judiciary2/27/2013
Assignments2/15/2013

Full Bill Text

No bill text available