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IL SB1867
Bill
Status
4/24/2013
Primary Sponsor
Chapin Rose
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AI Summary
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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.
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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.
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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.
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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.
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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