If you are a family in Oswego, IL, it is important you understand the changes coming to the Illinois Parentage Act. Although passed recently and signed by the governor, they will not take effect until July 2016. Since family law handles defining and establishing the parent-child relationship, this is also of particular interest to you family attorney.
What Is the Illinois Parentage Act?
The Illinois Parentage Act was passed in 1984. It intent was to clarify the child-parent relationship. It was part of the social mores of the time. Marital status was not of primary concern. Children had parents regardless of their parent’s legal relationship. What was also very specific was gender. Families consisted of a father and a mother. Biology was important although it could be trumped by adoption of a child or a written acknowledgement or agreement to be the father of the child.
What Are the Changes in the Illinois Parentage Act 2015?
Today, if you talk to a family attorney, he or she will be quick to note the major changes. In essence, Public Act 099-0085 rewrites the concept of parentage. It brings the entire Act into line with the cultural mores and social-dynamic changes of the current century. If you are thinking of becoming a parent, or are one already, you need to note the following changes:
- Gender Neutrality: The Parentage Act of 2015 is gender inclusive. It provides for the consideration due for single-sex families as well as offering equal rights and accountabilities to both parents – no matter whether they are male or female
- Presumption of Parentage: While genetic testing has been authorized under the old law, DNA results could trump the actual child-parent bond. In other words, a father could deny support for a child he had previously helped raise if he could prove the child was not his biologically. The new Parentage Act does not permit this. It allows the court to decide whether to accept the new evidence and how to interpret it.
The new law also encourages and define what it is to be a presumptive parent including the issues of assisted conception, legal relationships (including those believed to be valid but were actually invalid), and other information. Your family attorney can explain the current modifications, their ramifications and, specifically, the now four rebuttable presumptions concerning parentage.
These new aspects of any related family proceedings in Oswego, such as divorce, child custody and child support take place in 2016. Your family attorney will need to address them.
Your Family Attorney and the New Parentage Act
If you live in Oswego, IL, it is very important you hire a firm that understands the new changes to the Parentage Act. At Fay, Farrow & Associates, P.C, they have specialists who are experienced in this field. You will work with a family attorney who will focus on your needs and guide you step-by-step through the process.