When a married couple has a child in Illinois, it is assumed that the two spouses are the biological parents of the child. The same assumption is not made, however, when a child is born to unwed parents. In these cases, it must be proven that the father is the biological parent. It is important to do this soon after the child is born. Establishing paternity, and doing it early, has many benefits for the mother, father, and the child.

How to Establish Paternity

Unfortunately, simply including the father’s name on the birth certificate is not enough to establish paternity. After the birth of a child, both parents may voluntarily establish paternity by signing the Voluntary Acknowledgement of Paternity form. If there is a dispute about paternity, each party has two choices.

The first option is to establish paternity through the Illinois Department of Healthcare and Family Services. If this agency proves paternity, they will file an Administrative Paternity Order indicating who is the biological father of the child.

When there is any doubt about who your child’s father is, you, as the dad, should take a paternity test. A paternity test will clear up any confusion or false claims regarding who the biological father truly is. While paternity tests are often used by mothers to hold fathers accountable for child support, fathers can use them too to ensure their own parenting rights.

What Is a Paternity Test?

A paternity test is just another name for a DNA test, which compares the DNA of the potential father to that of the child or infant. Nearly 300,000 paternity tests are performed in the U.S. annually, according to studies. Paternity testing can be done when the child is still a fetus, though this is less common and may involve unnecessary risks. Paternity testing is virtually 100 percent accurate, though it does not need to be done if the mother is married to the father at the time of the birth — in this case, it is generally assumed that the husband is the father unless stated otherwise. The following scenarios are examples of when a father might want to have a paternity test performed:

• If a husband, boyfriend, or sexual partner believes he is not the father and does not want to be wrongly held responsible for child support
• If a husband, boyfriend, or sexual partner believes that he is not the father and wants to know for his own peace of mind
• If a husband, boyfriend, or sexual partner believes that he is the father but the mother denies this fact

Child Custody and Visitation Depend on Paternity

Whether you are seeking child custody or visitation, you must be able to prove that you are the child’s biological father. A paternity test can quickly accomplish this and put any doubts to bed. After your paternity has been proven, you can then petition the court for custody, visitation rights, and to be included in the parenting plan.

If you need to identify the biological father of a child, the best avenue is through a DNA paternity test. This form of testing is unanimously accepted by courts across the country. However, what happens if someone is refusing paternity testing? It happens all the time, either the mother refuses to allow a potential father to take the test, or the father refuses to participate. Can someone legally refuse paternity testing?

Who Can Request a DNA Test?

If someone has made a request that you take or allow your child to participate in paternity testing, you are under no obligation to comply as long as it is the entity themselves making the request. However, in doing so, remember that the requesting party may seek legal aid or utilize the resources at the Department of Healthcare and Family Services (DHFS). Even if DHFS becomes involved, you are under no obligation to submit.

Can I Refuse a Court Order?

If you refused to comply with paternity testing requests at both the personal and the DHFS level, the requesting party can pursue legal action and have the court order your participation. Once the court issues an order for your cooperation, you must comply. Refusal at this level is in direct violation of a court order, and you become susceptible to harsh punishment.

The legal relationship between a father and his child is known as paternity in Illinois. When a child’s parents are married, legal action is not necessary to establish paternity. However, if their parents are not married, a court order or formal document is necessary for the establishment of paternity. If possible, both parents should start the process of proving paternity as soon as possible.

A Voluntary Acknowledgment of Paternity Form

In Illinois, the easiest method of establishing paternity is for both parents to sign a Voluntary Acknowledgment of Paternity. An Administrative Paternity Order by the Department of Healthcare and Family Services Child Support Services, or a court Order of Paternity are other options. In the event it is unclear who the father may be, parties should not sign the Voluntary Acknowledgment of Paternity.

The dead beat dad has a negative connotation throughout society. The cliche mental picture of the full-grown man who, after a single night or even years of fun, impregnates a woman and walks away, out of both the lives of the mother and the future child. The legal system spends obscene amounts of money annually tracking these individuals, many times to no avail. While there are men out there hiding from their responsibilities, there are many others who do everything possible to become a part of their child's life. Sometimes, people jump through hoops to have a legal connection with their children while mothers intentionally thwart every effort. Establishing paternity has numerous legal and emotional benefits to consider.

Paternity Ensures the Child’s Rights to Benefits

Without having established paternity, a child will not necessarily be able to utilize significant benefits to which they would be entitled via the father. Benefits not only include the financial benefits but others as well, such as: