Bill Text: IL HB6064 | 2015-2016 | 99th General Assembly | Introduced

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Bill Title: Amends the Vital Records Act. Removes a provision concerning use of the biological father's name on the birth certificate if not married to the biological mother. Provides that if the unmarried mother cannot or refuses to name the child's father, either a father must be conclusively established by DNA evidence or, within 30 days after birth, another family member who will financially provide for the child must be named, in court, on the birth certificate. Provides that absent DNA evidence or a family member's name, a birth certificate will not be issued and the mother will be ineligible for financial aid from the State for support of the child. Provides an exception for artificially inseminated mothers. Amends the Illinois Public Aid Code. Provides that a family that does not comply with the Vital Records Act provision concerning birth certificates of unmarried mothers shall be ineligible for aid for support of the child. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-04-05 - Tabled [HB6064 Detail]

Download: Illinois-2015-HB6064-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB6064 Introduced , by Rep. John D. Cavaletto SYNOPSIS AS INTRODUCED:
305 ILCS 5/1-8.6 new
410 ILCS 535/12
Amends the Vital Records Act. Removes a provision concerning use of the biological father's name on the birth certificate if not married to the biological mother. Provides that if the unmarried mother cannot or refuses to name the child's father, either a father must be conclusively established by DNA evidence or, within 30 days after birth, another family member who will financially provide for the child must be named, in court, on the birth certificate. Provides that absent DNA evidence or a family member's name, a birth certificate will not be issued and the mother will be ineligible for financial aid from the State for support of the child. Provides an exception for artificially inseminated mothers. Amends the Illinois Public Aid Code. Provides that a family that does not comply with the Vital Records Act provision concerning birth certificates of unmarried mothers shall be ineligible for aid for support of the child. Effective immediately.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Public Aid Code is amended by
adding Section 1-8.6 as follows:
(305 ILCS 5/1-8.6 new)
Sec. 1-8.6. Birth certificates. A family unit shall be
ineligible for any financial aid provided under this Code for
the support of a child who has not been issued a birth
certificate as provided in subsection (10) of Section 12 of the
Vital Records Act.
Section 10. The Vital Records Act is amended by changing
Section 12 as follows:
(410 ILCS 535/12)
Sec. 12. Live births; place of registration.
(1) Each live birth which occurs in this State shall be
registered with the local or subregistrar of the district in
which the birth occurred as provided in this Section, within 7
days after the birth. When a birth occurs on a moving
conveyance, the city, village, township, or road district in
which the child is first removed from the conveyance shall be

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considered the place of birth and a birth certificate shall be
filed in the registration district in which the place is
located.
(2) When a birth occurs in an institution, the person in
charge of the institution or his designated representative
shall obtain and record all the personal and statistical
particulars relative to the parents of the child that are
required to properly complete the live birth certificate; shall
secure the required personal signatures on the hospital
worksheet; shall prepare the certificate from this worksheet;
and shall file the certificate with the local registrar. The
institution shall retain the hospital worksheet permanently or
as otherwise specified by rule. The physician in attendance
shall verify or provide the date of birth and medical
information required by the certificate, within 24 hours after
the birth occurs.
(3) When a birth occurs outside an institution, the
certificate shall be prepared and filed by one of the following
in the indicated order of priority:
(a) The physician in attendance at or immediately after
the birth, or in the absence of such a person,
(b) Any other person in attendance at or immediately
after the birth, or in the absence of such a person,
(c) The father, the mother, or in the absence of the
father and the inability of the mother, the person in
charge of the premises where the birth occurred.

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(4) Unless otherwise provided in this Act, if the mother
was not married to the father of the child at either the time
of conception or the time of birth, the name of the father
shall be entered on the child's birth certificate only if the
mother and the person to be named as the father have signed an
acknowledgment of parentage in accordance with subsection (5).
Unless otherwise provided in this Act, if the mother was
married at the time of conception or birth and the presumed
father (that is, the mother's husband) is not the biological
father of the child, the name of the biological father shall be
entered on the child's birth certificate only if, in accordance
with subsection (5), (i) the mother and the person to be named
as the father have signed an acknowledgment of parentage and
(ii) the mother and presumed father have signed a denial of
paternity.
(5) Upon the birth of a child to an unmarried woman, or
upon the birth of a child to a woman who was married at the time
of conception or birth and whose husband is not the biological
father of the child, the institution at the time of birth and
the local registrar or county clerk after the birth shall do
the following:
(a) Provide (i) an opportunity for the child's mother
and father to sign an acknowledgment of parentage and (ii)
if the presumed father is not the biological father, an
opportunity for the mother and presumed father to sign a
denial of paternity. The signing and witnessing of the

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acknowledgment of parentage or, if the presumed father of
the child is not the biological father, the acknowledgment
of parentage and denial of paternity conclusively
establishes a parent and child relationship in accordance
with Sections 5 and 6 of the Illinois Parentage Act of 1984
and with the Illinois Parentage Act of 2015 on and after
the effective date of that Act.
The Department of Healthcare and Family Services shall
furnish the acknowledgment of parentage and denial of
paternity form to institutions, county clerks, and State
and local registrars' offices. The form shall include
instructions to send the original signed and witnessed
acknowledgment of parentage and denial of paternity to the
Department of Healthcare and Family Services. The
acknowledgement of paternity and denial of paternity form
shall also include a statement informing the mother, the
alleged father, and the presumed father, if any, that they
have the right to request deoxyribonucleic acid (DNA) tests
regarding the issue of the child's paternity and that by
signing the form, they expressly waive such tests. The
statement shall be set forth in bold-face capital letters
not less than 0.25 inches in height.
(b) Provide the following documents, furnished by the
Department of Healthcare and Family Services, to the
child's mother, biological father, and (if the person
presumed to be the child's father is not the biological

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father) presumed father for their review at the time the
opportunity is provided to establish a parent and child
relationship:
(i) An explanation of the implications of,
alternatives to, legal consequences of, and the rights
and responsibilities that arise from signing an
acknowledgment of parentage and, if necessary, a
denial of paternity, including an explanation of the
parental rights and responsibilities of child support,
visitation, custody, retroactive support, health
insurance coverage, and payment of birth expenses.
(ii) An explanation of the benefits of having a
child's parentage established and the availability of
parentage establishment and child support enforcement
services.
(iii) A request for an application for child
support enforcement services from the Department of
Healthcare and Family Services.
(iv) Instructions concerning the opportunity to
speak, either by telephone or in person, with staff of
the Department of Healthcare and Family Services who
are trained to clarify information and answer
questions about paternity establishment.
(v) Instructions for completing and signing the
acknowledgment of parentage and denial of paternity.
(c) Provide an oral explanation of the documents and

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instructions set forth in subdivision (5)(b), including an
explanation of the implications of, alternatives to, legal
consequences of, and the rights and responsibilities that
arise from signing an acknowledgment of parentage and, if
necessary, a denial of paternity. The oral explanation may
be given in person or through the use of video or audio
equipment.
(6) The institution, State or local registrar, or county
clerk shall provide an opportunity for the child's father or
mother to sign a rescission of parentage. The signing and
witnessing of the rescission of parentage voids the
acknowledgment of parentage and nullifies the presumption of
paternity if executed and filed with the Department of
Healthcare and Family Services (formerly Illinois Department
of Public Aid) within the time frame contained in Section 5 of
the Illinois Parentage Act of 1984 or Section 307 of the
Illinois Parentage Act of 2015 on and after the effective date
of that Act. The Department of Healthcare and Family Services
shall furnish the rescission of parentage form to institutions,
county clerks, and State and local registrars' offices. The
form shall include instructions to send the original signed and
witnessed rescission of parentage to the Department of
Healthcare and Family Services.
(7) An acknowledgment of paternity signed pursuant to
Section 6 of the Illinois Parentage Act of 1984 or Section 302
of the Illinois Parentage Act of 2015 on and after the

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effective date of that Act may be challenged in court only on
the basis of fraud, duress, or material mistake of fact, with
the burden of proof upon the challenging party. Pending outcome
of a challenge to the acknowledgment of paternity, the legal
responsibilities of the signatories shall remain in full force
and effect, except upon order of the court upon a showing of
good cause.
(8) When the process for acknowledgment of parentage as
provided for under subsection (5) establishes the paternity of
a child whose certificate of birth is on file in another state,
the Department of Healthcare and Family Services shall forward
a copy of the acknowledgment of parentage, the denial of
paternity, if applicable, and the rescission of parentage, if
applicable, to the birth record agency of the state where the
child's certificate of birth is on file.
(9) In the event the parent-child relationship has been
established in accordance with subdivision (a)(1) of Section 6
of the Parentage Act of 1984, the names of the biological
mother and biological father so established shall be entered on
the child's birth certificate, and the names of the surrogate
mother and surrogate mother's husband, if any, shall not be on
the birth certificate.
(10) If an unmarried mother cannot or refuses to name the
child's father at the time of birth, either:
(a) a father must be conclusively established by DNA
evidence; or

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(b) within 30 days after birth, another family member
who will financially provide for the child must be named,
in court, on the birth certificate.
If neither condition is met, a birth certificate shall not
be issued for the child and the mother will be ineligible for
any financial aid provided under the Illinois Public Aid Code
for the support of the child.
However, if an artificially inseminated mother wishes to
raise the child on her own, she may obtain a birth certificate
for the child with only her name on the birth certificate if
she signs a release stating that she waives her rights to any
financial aid provided under the Illinois Public Aid Code for
the support of the child.
(Source: P.A. 99-85, eff. 1-1-16.)
Section 99. Effective date. This Act takes effect upon
becoming law.