Sec. 621. Binding effect of determination of parentage.

414 words·~2 min read·/il/chapter-750/act-46/621

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

(a)Except as otherwise provided in subsection

(b)of this Section, a determination of parentage is binding on:

(1)all signatories to an acknowledgment or denial as provided in Article 3 of this Act;

and

(2)all parties to an adjudication by a court acting under circumstances that satisfy

the jurisdictional requirements of Section 201 of the Uniform Interstate Family Support Act.

(b)A child is not bound by a determination of parentage under this Act unless:

(1)the determination was based on an unrescinded acknowledgment as provided in Article

3 of this Act and the acknowledgment is consistent with the results of genetic testing;

(2)the adjudication of parentage was based on a finding consistent with the results of

genetic testing and the consistency is declared in the determination or is otherwise shown;

(3)the child was a party or was represented in the proceeding determining parentage by

a guardian ad litem, child's representative or attorney for the child; and

(4)the child was no longer a minor at the time the proceeding was initiated and was the

moving party resulting in the parentage determination.

(c)In a proceeding for dissolution of marriage, civil union, or substantially similar legal relationship, declaration of invalidity of marriage, civil union, or substantially similar legal relationship, or legal separation, the court is deemed to have made an adjudication of the parentage of a child if the court acts under circumstances that satisfy the jurisdictional requirements of Section 201 of the Uniform Interstate Family Support Act, and the final order:

(1)expressly identifies a child as a "child of the marriage, civil union, or

substantially similar legal relationship", "issue of the marriage, civil union, or substantially similar legal relationship", or uses similar words indicating that a party to the marriage, civil union, or substantially similar legal relationship is the parent of the child; or

(2)provides for support of the child by the parties to the marriage, civil union, or

substantially similar legal relationship, unless parentage is specifically disclaimed in the order.

(d)Except as otherwise provided in subsection

(b)of this Section, a determination of parentage may be a defense in a subsequent proceeding seeking to adjudicate parentage by an individual who was not a party to the earlier proceeding.

(e)A party to an adjudication of parentage may challenge the adjudication only under the laws of this State relating to appeal, vacation of judgments, or other judicial review.