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Home > FAQs > Paternity Issues
Paternity Issues
To get answers to frequent questions about paternity issues, divorce, and family law, please select one of the links below:
If my girlfriend is pregnant and I am fairly certain that I am the father, should I go to the hospital and sign the document which states that I am the father? If I sign the document and later learn that I may not be the father, what are my rights?
If you sign the voluntary acknowledgment of paternity and it is properly notarized, this document is virtually the same as a judicial adjudication of paternity.
If you sign the acknowledgment you only have sixty (60) days to rescind the acknowledgment or you are bound by the declaration of paternity. Once more than sixty (60) days have passed it may be impossible to challenge the document. Therefore, most Illinois family lawyers will give advice not to sign the voluntary acknowledgment of paternity unless you are positive that you are the father and are willing to accept the responsibilities associated with being the father of the child.
If listed as the father on the child’s birth certificate, does this mean that I signed the voluntary acknowledgment of paternity?
If the birth certificate was issued after August 9, 1996, a father is only supposed to be listed on the birth certificate if: 1) he was married to the mother at the time of birth or conception, or 2) he and the mother signed a voluntary acknowledgment of paternity.
If I were never married to the mother of the child, is it possible that I may I be required to pay child support retroactive to the date of the child's birth?
Yes. The court may order child support payments retroactive to the child’s birth. However the amount of back support, if any, will be determined on a case by case basis.
 The purpose of this frequently asked questions (FAQs) are to provide a general overview of certain Illinois family law issues. These FAQs are not intended to provide legal advice that applies to any specific case. The nature of family law proceedings is that the facts and circumstances of each case are critical when a lawyer provides legal advice. Further, these FAQs are not intended to be inclusive or to deal with every situation that may arise in matrimonial disputes. You should discuss with your attorney how the particulars of these Questions and Answers may apply to your case.
Hopefully these FAQs will serve at least two purposes for you. It can give you a working familiarity with some basic concepts in Illinois family law so that when you meet with your attorney you will be in a better position to discuss various issues and to use your time efficiently. Because you will likely be receiving a tremendous amount of information in your initial consultation with your attorney, these FAQs might also help you retain critical information and refresh your recollection of what your attorney told you.
The statements contained in these FAQs do not necessarily reflect the positions of the Illinois Chapter of the American Academy of Matrimonial Lawyers.
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