The Parentage Act of 2015: Revamp from 1984 - DuPage County Divorce Attorney | Bloomingdale Family Law Lawyers
Button 1 Button 2 Button 3 Button 4 Button 5 Button 6
  • Twitter
  • Facebook
630-932-9100
Free Initial Consultation | Se habla español 630-932-9100
Mevorah Law Offices LLC
630-932-9100
Menu
DuPage County Attorneys

LOMBARD

900 E. Roosevelt Road, Lombard, IL 60148

Phone: 630-932-9100

BLOOMINGDALE

134 N. Bloomingdale Road, Bloomingdale, IL 60108

Phone: 630-529-4761

ST. CHARLES

333 N. Randall Road, Suite 104, St. Charles, IL 60175

Phone: 630-443-0600

CHICAGO

105 W. Madison Street, Suite 2200, Chicago, IL 60602

Phone: 630-932-9100

NAPERVILLE

1730 Park Street, Suite 202, Naperville, IL 60563

Phone: 630-420-1000

The Parentage Act of 2015: Revamp from 1984

Posted on in Family Law
  • Font size: Larger Smaller
  • Print

b2ap3_thumbnail_Parentage-Act.jpgThe field of family law is changing in Illinois. The House and Senate have passed numerous amendments to current laws to reflect the ever changing dynamics of family law, especially as the United States is showing a significant departure from traditional family units in favor of more varied family make-ups. The nuclear family has changed and the law has been slow to keep up, but finally is reflecting the new social norms in the family arena.

One of the major amendments to family law is the update and redrafting of the Parentage Act of 1984. With it being more than 35 years since its initial passage, the law has been in significant need of a reboot, especially with same-sex parents now becoming part of the new normal. The Illinois General Assembly recently passed the Parentage Act of 2015, and is currently waiting for the governor’s signature.

Main Amendments to the Parentage Act

The main changes that were made to the Updated Parentage Act look to mirror the societal norms regarding family dynamics that are currently in place by incorporating gender-neutral speech and providing opportunities for parentage to those who are not biologically linked to the child in question. The one thing that hasn’t changed is that all roads end at “the best interest of the child.” In other words, regardless of the changes in the family dynamic, if the child is being raised in a household where his/her needs are being met and there is no harm or threat of harm to the child in question, then the child’s best interests are being served.

Gender-Neutral Language

With the major updates in the language to incorporate gender-neutral language, parentage is imagined as a two-person scheme, regardless of the gender of the parents in question. Gender-neutral an important facet of the Act, as well as showing that the parent-child relationship is established regardless of the legal relationship between the parents or even if the parent him/herself is a minor.

Establishment of the Parent-Child Relationship

The most important aspect of the changes is the determination of the parent-child relationship. The law establishes a parent-child relationship between a woman and a child through:

  • Birth, except where gestational surrogacy has utilized with an effective contract in place;
  • Adoption by the woman of the child;
  • Court’s adjudication of the parentage of the woman to the child; and
  • An irrebuttable presumption that the woman is the parent of the child.

The law establishes a parent-child relationship between a man and a child through:

  • An irrebuttable presumption that the man is the parent of the child;
  • A signed, voluntary acknowledgment of parentage by the man;
  • Adoption by the man of the child;
  • Adjudication that the man is the parent of the child; or
  • A gestational surrogacy contract that is valid under the Gestational Surrogacy Act.

Presumption of Parentage

Further, regardless of gender, parentage is presumed for the person when:

  • The person and the mother of the child are married, are in a civil union, or in a similar legal arrangement;
  • The person and the mother of the child were married (or in a similar legal relationship) and the child was born within 300 days after the termination of the legal relationship;
  • The child was born to the mother and the person was in a relationship with the mother even if the marriage, civil union, or other legal relationship was found invalid; and/or
  • If the person is on the baby’s birth certificate and was in a legal relationship with the mother, such as a marriage or civil union.

Experienced Family Law Attorneys in DuPage County
Parental rights are fundamental. If your parental rights are being threatened, it is important to speak with the experienced family law attorneys at Mevorah Law Offices LLC. Contact our experienced DuPage County family law attorneys today for a free and confidential consultation.

Sources:

http://isba.org/ibj/2015/07/lawpulse/newlegislationbringsparentageactdat

http://ilga.gov/legislation/publicacts/99/PDF/099-0085.pdf

Latest Blog Posts

Archives

  • DuPage County Divorce Lawyers
  • Elite Lawyers
  • National Association of Distinguished Counsel
  • Top 40 Under 40
  • 2015 Top 40 Lawyers Under 40
  • Super Lawyers
  • Better Business Bureau

Let us start helping you with a FREE initial consultation.

NOTE: Fields with a * indicate a required field.
*
*
*

One Stop For All Your Legal Needs

Whether you are going through a divorce, injured in an accident, need to file a workers' compensation claim, charged with a crime, immigrating to the United States, or need to file for bankruptcy, Mevorah Law Offices LLC can help. Our trial lawyers have over 40 years of experience helping clients throughout Northern Illinois from five offices in Lombard, Bloomindale, Naperville, St. Charles, and Chicago.

Steven Mevorah has assembled experienced attorneys under one roof so that his clients need not search for a new attorney each time they need help. Mr. Mevorah has also established a wide network of additional attorneys so that his clients merely need to stop by Mevorah Law Offices LLC to find the attorney they need.

Client Focused Representation

Our practice is focused on meeting your needs with flexible hours and locations to serve you:

  • Free initial consultations
  • Saturday and evening appointments available
  • Home and hospital visits if your injuries prevent you from traveling
  • Multiple locations throughout Chicagoland
  • Veteran trial attorneys
  • Experienced negotiators
  • Payment plans available
  • Cash, check, or credit card accepted