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Current as of January 01, 2025 | Updated by Findlaw Staff
§ 302. Execution of voluntary acknowledgment.
(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.
Cite this article: FindLaw.com - Illinois Statutes Chapter 750. Families § 46/302. Execution of voluntary acknowledgment - last updated January 01, 2025 | https://codes.findlaw.com/il/chapter-750-families/il-st-sect-750-46-302/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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