What You Need to Know About Paternity in Illinois

 Posted on November 21, 2025 in Paternity

For many parents, paternity is not an ongoing concern, but rather a given. For unmarried fathers and other non-traditional families, however, establishing paternity is a critical priority. If you are unsure about your rights as a biological father or need help asserting your parental rights, consider working with a Rolling Meadows, IL family law attorney.

At The Law Offices of Curtis Bennett Ross, L.L.C., we are well-versed in the laws surrounding paternity in Illinois. With over 30 years of legal experience, our solo attorney can provide you with qualified counsel and strong advocacy. We represent mothers and fathers in contested issues of parentage, working to resolve disputes as efficiently as possible.

What Rights Does Paternity Come With?

Paternity is not something to be taken for granted. It comes with several rights and responsibilities, including:

• Rights to seek child custody, including decision-making responsibility and parenting time
• Ensuring any biological child’s right to an inheritance and Social Security benefits
• The responsibility to pay child support as a biological father

There are many compelling reasons why a father or a mother would want to formally establish paternity. For fathers, it could represent an opportunity to become involved in a child’s life. For mothers, it could mean holding the other parent accountable when a formal relationship to the child has not been established.

How Is Paternity Established in Illinois?

In a majority of cases, paternity is automatically established when the father is married to the child’s mother at the time of birth. Note that if the mother was married to a man within the 300 days before the birth, the ex-husband is presumed to be the father (750 ILCS 46/204).

If paternity is not automatically established at the time of birth, the parents will have to take extra steps to confirm the birth father. One of the most straightforward ways to accomplish this is by signing a Voluntary Acknowledgment of Paternity (VAP), a legal document in which both parents acknowledge the alleged father.

Contested Paternity Cases in Illinois

When one parent disputes that there is a biological relationship between the alleged father and the child, genetic testing is often used to settle the debate. The courts will only treat a paternity test as admissible if the test is 99.9 percent accurate, leaving little ambiguity about who the father is.

DNA tests usually involve taking a cheek swab from the parents and the child to confirm a biological relationship. Anyone who refuses a court-ordered paternity test could face legal penalties, including possible jail time under contempt of court. In some cases, the court may even declare a man the father in a default judgment if he refuses to participate in legal paternity proceedings.

Contact a Skokie, IL Paternity Lawyer

When paternity is not automatically presumed, establishing parentage requires significant cooperation from multiple parties. If you have any concerns about paternity as a mother or father, reach out to The Law Offices of Curtis Bennett Ross, L.L.C. today for legal counsel. Our Rolling Meadows, IL family law attorney can be contacted for a free, limited consultation at 312-984-1514.