What is Paternity?

Paternity is another way of saying you are a legal parent. Paternity is established through a legal process to make you the legal father. The legal process may be a voluntary acknowledgment, an administrative process or a judicial process. If you were not married to the mother of your child when the child was conceived or born, you are not considered the legal father of that child. Your name on the birth certificate if your child was born prior to August 9, 1996 does not make you the legal father unless the birth record was changed through voluntary, administrative or judicial action which makes you the legal father.

To become the legal father, you can:

• sign a voluntary acknowledgment at the hospital when your child is born;
• sign a voluntary acknowledgment for any child under the age of 21;
• have paternity administratively established at the Illinois Department of Healthcare and Family Services (HFS) by:
  • signing the voluntary acknowledgment of paternity or;
  • agreeing to be bound by the results of genetic testing or;
  • requesting a contested hearing;
• filing a petition to establish paternity by obtaining a private attorney or by going into court on your own.

Why Should I Establish Paternity?

• To give your child the love, care and attention needed for healthy growth and development.
• To show your child that you are proud to be his or her father.
• To help ensure your right to have a relationship with your child.
• To get a legal document that proves you are the child's father.
• To add your name to the child's birth certificate as the legal father.
• To have the opportunity to change your child's legal name.
• To be able to add your child to your health insurance plan.
• To make sure that your Social Security or veterans' benefits are paid to your child in the event of your disability or death.
• To protect your child's right to inherit your estate.
• To have the right to ask for visitation and/or custody of your child.
• To protect your rights as a parent should something happen and the mother is unable to care for your child.
• To protect your right to be notified in adoption proceedings for the child.
• To give the child the benefits of your family's attention and affection.
• To give your child the knowledge that you cared enough to acknowledge that you are the father.

What are the Benefits of Establishing Paternity for My Child?

A father can play an important part in his child's life. No one can take your place in your child's life -- not a coach, not an uncle, not a teacher, not even his or her mother. Each child needs to know who his or her father is and that he loves them. He or she will grow up with a sense of confidence and security knowing that you are proud to be his or her father.

Financial Benefits

Your child will benefit financially when you become his or her legal father. By giving regular support to your child, you can make sure that he or she gets food, shelter and clothing. A father who pays for raising his child is proud to know that he can and does support his child.

Health Benefits

You will have the right to add the child to your group insurance as a family member, which is a health benefit for your child.

Your child will have access to family medical records that can give the information needed to treat illnesses, such as blood and heart diseases and cancer.

Can I Become the Legal Father at the Birth of My Child?

Yes, at the birth of your child, the hospital will present unmarried parents with an information packet for your review and consideration. This gives you the opportunity to voluntarily establish paternity by signing a Voluntary Acknowledgment of Paternity at the hospital. If, at that time, you and the mother agree to sign the Voluntary Acknowledgment of Paternity and have the form witnessed, paternity is established. Hospital staff will add your name to the child's birth certificate as the legal father. The original form is sent to the Illinois Department of Healthcare and Family Services, Division of Child Support Enforcement.

What if I'm not sure I'm the Father?

Hospital staff will give you an application for child support services. You can complete and send the application to the Illinois Department of Healthcare and Family Services, Division of Child Support Enforcement. An application packet will be mailed to you. Once you are a child support client, you will be able to request a genetic test. The test is paid by HFS.

How Else Can I Become the Legal Father of My Child?

There are several ways you may become the legal father of your child.

Establishing Paternity After Leaving the Hospital (Voluntary Acknowledgment of Paternity)

If you have a child for whom paternity has not been established, you may get a Voluntary Acknowledgment of Paternity (HFS 3416B) from the Illinois Department of Healthcare and Family Services, Division of Child Support Enforcement, Illinois Department of Human Services Local Offices, Illinois Department of Public Health, Vital Records, Springfield, local registrar, county clerk, selected Head Start and Child Care Sites or WIC Food Centers. Send the completed and witnessed form to:

Illinois Department of Healthcare and Family Services
Administrative Coordination Unit
P.O. Box 19405
Springfield, Illinois 62794-9405

Administrative Process

If the mother of your child has applied for child support services from HFS or receives public assistance from the Illinois Department of Human Services, you will be asked to attend an interview. The mother may or may not be present at the interview.

If you have been identified as a biological father of a child born out of wedlock, the Division of Child Support Enforcement will send a notice to you. This notice tells you an interview has been scheduled and gives the time and date.

You will receive this notice by regular mail. If you do not respond, the notice will be sent by certified mail or delivery by the sheriff. Even if you think you are not the father, you must appear at this interview. IF YOU DO NOT COME TO THE INTERVIEW AFTER RECEIVING THIS NOTICE, THE DEPARTMENT CAN DECLARE YOU TO BE THE FATHER WITHOUT A HEARING. Paternity will be established by default.

When you appear at the interview, you may; sign a HFS 3416B, Voluntary Acknowledgment of Paternity, sign an Agreement to be Bound by the Results of Genetic Testing, request an administrative hearing conducted by an Administrative Law Judge or request a judicial trial.

If you sign the HFS 3416B and the mother has also signed, the form is witnessed by HFS staff and paternity is established. HFS notifies the Illinois Department of Public Health that paternity is established, and your name is added to the birth certificate as the legal father.

If you and the mother sign the Agreement to be Bound by the Results of Genetic Testing, the department will enter an Administrative Order for Genetic Testing. You, the child's mother and the child will be scheduled for genetic testing. If the results of the genetic test show you are 500 times more likely to be the father than a random man of the same race, HFS will enter an Administrative Paternity Order.

If you request a contested hearing, you will be given an appointment for a hearing, and an Administrative Order for Genetic Testing. You, the child's mother and the child will be scheduled for genetic testing. At the hearing, the administrative law judge will advise you of your rights and the genetic test. He or she will review other evidence you may present in your behalf. Based upon the genetic tests and other evidence, the administrative law judge will make a recommendation to the director of HFS, and the director will make a final administrative decision stating whether you are or are not the child's father.

Court Process

It is your right to ask the court to determine whether or not you are the father. You may do this in a case brought by the mother to determine paternity, or you may bring your own action to have the court decide. You must do this within two years of your child reaching the age of majority, which is 18 in the state of Illinois. You will receive notice of the court date in person from a sheriff.

Even if you think you are not the father, you must appear in court on the date of this notice. Going to court is important to preserve your rights. IF YOU DO NOT COME TO COURT AFTER GETTING THIS NOTICE, THE JUDGE CAN DECLARE YOU TO BE THE FATHER WITHOUT HEARING YOUR TESTIMONY. This is called a default judgment.

On the day you go to court, you will have a chance to tell the judge whether or not you are the father. The first thing that the judge will probably do is advise you of your rights. If you cannot afford a lawyer, a public defender may be appointed to represent you. Then the judge may order you, the mother and the child to have a genetic test, if you have not already been tested as ordered by the Illinois Department of Healthcare and Family Services. The genetic test will be presented as evidence for the court to determine if you are the biological father of your child.

At your next court appearance, the results of the genetic test will be presented to the court. The court will decide whether you are the child's father based upon the genetic test results any other evidence.

If you are found to be the father of the child, the judge will enter a judgment declaring you to be the legal father. The judge may also require you to pay child support.

What are My Legal Rights?

• If you believe that you are not the father of the child, you have the right to request a bench trial. A bench trial is only with a judge.
• If you cannot afford an attorney, the court may appoint you a public defender.
• If you are the legal father, you have the right to ask for visitation rights or custody of your child through the court process.

Whom Do I Call if I Have Questions About Establishing My Child's Paternity?

If you have questions about establishing your child's paternity, call the Customer Service Call Center at 1-800-447-4278. Persons who are using a teletypewriter (TTY) may call 1-800-526-5812.

I have a problem trying to see my child. Who can help me?

Child Support and the Domestic Relations Courts in Cook County, DuPage County and Peoria County have an access and visitation program. This program provides services for never married NCPs. Some of the services include mediation, counseling, parenting education, enforcement of visitation orders and development of alternative custody arrangements. For more information about the access visitation program, call 312-793-0193.