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Wakenight & Associates, P.C.

707 N. York Street, Suite 201, Elmhurst, IL 60126

DuPage County | 630-528-0734

Mokena | 815-458-5660   Oak Park | 708-480-9651

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How Is DNA Testing Used in Illinois Paternity Cases?

Posted on in Family Law

Elmhurst paternity attorney

When a child is born to parents who are not married or who have never been married to one another, this can pose a few problems. In the state of Illinois, a man is only presumed to be the father of a child if he and the mother were married when the child was born, or if they were married within a 300-day period before the child’s birth. If neither of those situations is true, then the parents must go about other ways to establish the paternity of the child. In many cases, before a court will enter an Order of Paternity, they will require that the mother, the alleged father, and the child submit to genetic testing to determine the true biological father of the child.

Genetic Testing Procedure

The organization conducting the genetic testing will be chosen by the court, but a petitioner is also permitted to conduct independent genetic testing if they so choose. A child gets half of their genes from their mother and half of their genes from their father. DNA testing works by comparing the genes of the child with the genes from both parents. The Illinois Paternity Act states that DNA samples can be from blood, bone, hair, or other bodily fluids, though the most common way to gather DNA samples is from a simple swab of the cheek.

Genetic testing is very accurate. If the man who is tested to be the child’s father is not the biological father, it will be known with 100 percent certainty. Illinois law states that an alleged father is presumed to be the biological father if the test results show that the alleged father is 1,000 times more likely to be the child’s father than a random, unrelated man, and the probability of paternity must be at least 99.9 percent.

What Happens After the Test Results Come Back?

After the results of the genetic test are received, the mother and the father will both be notified. If the child is determined not to be the biological father, an Administrative Order of Non-Paternity will be issued by the Division of Child Support Services (DCSS), or the court will order an Exclusion Order.

If the alleged father is indeed determined to be the biological father, DCSS will issue an Administrative Paternity Order, or the court will issue a judicial Paternity Order. Either of these orders will allow the father to seek to establish parenting time and decision-making responsibilities, and child support obligations may be established for either parent.

Consult With a Knowledgeable DuPage County Family Law Attorney

Genetic testing is mainly done when the alleged father does not acknowledge the paternity of the child, but it can also be done if the mother is unsure of the identity of the child’s father. Paternity cases can be difficult, which is why having a compassionate and understanding Elmhurst, IL paternity lawyer by your side can be extremely beneficial. At Wakenight & Associates, P.C., we can guide you throughout the paternity process. Call our office today at 630-528-0734 for a free consultation.

Sources:

https://www.illinois.gov/hfs/ChildSupport/FormsBrochures/Pages/hfs3282.aspx

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=3638&ChapterID=59

https://www.illinois.gov/hfs/SiteCollectionDocuments/hfs1759.pdf

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