Illinois Parentage Disestablishments after A.A. and the 2015 Parentage Act
28 DuPage County Bar Journal 22 (May 2016)
4 Pages Posted: 14 May 2016
Date Written: May 12, 2016
Notwithstanding significant new technologies, most children are still born today of consensual sex. When the birth mothers are married, their spouses are established at birth as presumed legal parents. When the birth mothers are not married, men claiming biological ties can now be established as fathers under law by signing, together with the birth mothers, voluntary parentage acknowledgments (VAPs). Presumed parentage can be disestablished by rebuttal. VAP parentage can be disestablished by either rescission or challenge.
VAP challenge norms recently were altered by the Illinois Supreme Court in November 2015 in the A.A. case, as well as by the Illinois Parentage Act of 2015, which took effect January 1, 2016. This article explores the changes and posits further alterations to the Act in response to A.A. in order to serve the best interests of Illinois children. In particular, the article recommends statutory changes so that with any VAP challenge, including one presented by a child’s guardian, there is some opportunity for judicial review of the child’s best interests.
Keywords: parentage, de facto parent, equittable parent, Troxel, Lehr, Michael H., childcare, child custody, child visitation, parental responsibility, voluntary acknowledgement of paternity, voluntary paternity asknowledgement
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