Do My Partner and I Need to Establish Paternity?

 Posted on August 14, 2026 in Paternity

Whether you need to establish paternity (called parentage in Illinois) depends on whether Illinois law already recognizes you as your child’s legal parent. "Paternity" means being legally recognized as a child’s father. In Illinois, the broader legal term is "parentage." It can apply to a biological father, an intended parent, or another legal parent.

Illinois recognizes some couples as parents automatically. Others have to sign a form or go to court to make sure their relationship is secure. A Burr Ridge, IL paternity attorney can tell you which category your family falls into in 2026.

Why Does Establishing Parentage in Illinois Matter?

Until parentage is established, a person may have no legal rights as the child’s parent. Establishing it affects:

• Child support, in either direction

• Parenting time and decision-making responsibility

• The child’s right to inherit

• Health insurance, Social Security, and veterans’ benefits for the child

• Access to family medical history

A parent without legal status can be shut out of important decisions, even if they've been involved in the child's life. Lack of parentage often becomes a problem during a breakup or a medical emergency. Sorting it out early creates safeguards for both parents and the child.

Do Married Parents Automatically Have Parentage in Illinois?

If you were married or in a civil union when your child was born, Illinois presumes you are both parents (750 ILCS 46/204). It also applies when a child is born within 300 days after the marriage or civil union ends. This provision covers divorce or the death of a spouse.

The statute refers to a "person" and to "the woman or person who gave birth to the child," not to a husband or a father. This wording makes it applicable to both heterosexual and same-sex couples. A presumption of parentage can be challenged in court, but until that happens, both spouses are the child’s legal parents.

How Do Unmarried Parents Establish Parentage in Illinois?

Unmarried parents have two primary options for establishing parentage.

Voluntary Acknowledgment of Parentage

The first option is a Voluntary Acknowledgment of Parentage (VAP). A VAP is often signed at the hospital soon after birth. Signing and witnessing a VAP can establish the parent-child relationship without a court case.

A VAP is not a birth certificate. Signing a VAP usually means your name will appear on the birth certificate as the child’s parent.

Signing a VAP is a serious legal step. In most cases, a person has 60 days to cancel it, although that time may be shorter if a court case involving the child begins (750 ILCS 46/307). After that window closes, it is much harder to challenge a VAP. A person generally must show that they signed it because of fraud, pressure, or a serious mistake, and they usually have two years to do so.

Court Proceedings

The second route is a court or administrative case. This option is more common when one person disputes parentage. It may involve genetic testing to confirm parentage. It generally results in an order naming the child’s legal parents.

Either parent can start a court case. The child, an intended parent, certain government agencies, or a legal representative might also be able to start one.

How Does Parentage Work for Same-Sex Couples in Illinois?

Married same-sex couples and civil union partners are treated the same as other married couples. In most cases, the spouse of the person who gives birth is also presumed to be the child’s legal parent.

For children born through assisted reproduction, the other parent can become a legal parent by agreeing to the process and planning to raise the child as their own. This agreement can be made before or after the child is born and is usually put in writing. In some cases, a court may also consider whether the person lived with the child for the first two years and openly acted as the child’s parent.

Unmarried same-sex couples might use a VAP or court order to establish parentage. Some couples also choose a second-parent adoption for added legal protection, especially if they move or travel to another state.

Call a Wheaton, IL Family Law Attorney Today

Making sure parentage is established can be stressful, but Roberts PC is here to help. We work hard to settle family law cases when possible and help clients avoid unnecessary costs. We’re also prepared to go to trial when settling isn’t possible. We have experience handling larger family law cases involving business owners, lawyers, doctors, and other professionals.

Every client gets Attorney Chuck Roberts’ cell phone number and email address for easy, clear communication. Call our Burr Ridge, IL paternity lawyers at 630-668-4211 to schedule your free consultation today.