Sec. 302. Execution of voluntary acknowledgment.

237 words·~1 min read·/il/chapter-750/act-46/302

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)A voluntary acknowledgment described in Section 301 of this Act must:

(1)be in a record;

(2)be signed, or otherwise authenticated, under penalty of perjury by the mother and by

the man seeking to establish his parentage;

(3)state that the child whose parentage is being acknowledged:

(A)does not have a presumed parent, or has a presumed parent whose full name is

stated; and

(B)does not have another acknowledged or adjudicated parent;

(4)be witnessed; and

(5)state that the signatories understand that the voluntary acknowledgment is the

equivalent of a judicial adjudication of parentage of the child and that:

(i)a challenge by a signatory to the voluntary acknowledgment may be permitted only upon a showing of fraud, duress, or material mistake of fact; and

(ii)a challenge to the voluntary acknowledgment is barred after 2 years unless that period is tolled pursuant to the law.

(b)An acknowledgment is void if it:

(1)states that another person is a presumed parent, unless a denial signed or otherwise

authenticated by the presumed parent is filed with the Department of Healthcare and Family Services, as provided by law;

(2)states that another person is an acknowledged or adjudicated parent; or

(3)falsely denies the existence of a presumed, acknowledged, or adjudicated parent of

the child.

(c)A presumed father may sign or otherwise authenticate a voluntary acknowledgment.