How to Establish Paternity in Illinois – A Simple Guide to Paternity Testing & Legal Rights
If a baby is born and the parents aren’t married or in a civil union, the father isn’t automatically considered the legal father. Even if the parents live together or plan to get married, his name can’t be added to the birth certificate until paternity is legally established.
Establishing paternity is an important step—it gives the child access to financial support, inheritance rights, medical history, and benefits like Social Security or health insurance from the father.
📌 Note: This article is for informational purposes only and isn’t legal advice. If you need legal guidance, be sure to consult a qualified attorney.
Ways to Establish Paternity in Illinois
1. Voluntary Acknowledgment of Paternity (VAP) – The Fast & Easy Option
The quickest way to establish paternity is by signing a Voluntary Acknowledgment of Paternity (VAP) form. Here’s how it works:
- At Birth: The easiest time to sign is right at the hospital. This allows the father’s name to be added to the birth certificate immediately.
- After Birth: If the form wasn’t signed at the hospital, parents can complete it later at the County Clerk’s office, the Illinois Department of Healthcare and Family Services (HFS), or the Department of Human Services (DHS).
Can a VAP Be Canceled?
Yes, but only within 60 days of signing. Either parent can file a Rescission of Voluntary Acknowledgment of Paternity form to cancel it. After that, it can only be challenged in court under specific circumstances (fraud, duress, or a major mistake of fact).
📌 Need to cancel a VAP? We can notarize the Rescission form in our office if it’s within 60 days of the original signing.
Important: A signed and properly filed VAP carries the same legal weight as a court order. If there’s any doubt about paternity, do not sign the form—get a DNA test first.
2. Other Ways to Establish Paternity – Administrative & Court Orders
If a VAP isn’t an option, paternity can still be established through official orders:
✅ Administrative Paternity Order
- Issued by Illinois Department of Healthcare and Family Services (HFS), typically through child support services.
- Often used when paternity is confirmed via voluntary acknowledgment or genetic testing through HFS.
- Mainly applies to child support cases and related services.
✅ Judicial Paternity Order
- Issued by a judge through a legal process.
- Usually involves a lawsuit filed by the mother, alleged father, or child support agency.
- May include court hearings, legal arguments, and rulings.
- Can also determine custody, visitation, and parental responsibilities.
Not Sure Who the Father Is? Get a DNA Test First.
If there’s any uncertainty about who the father is, don’t sign the VAP form. Instead, get a paternity test first. Once paternity is confirmed, the necessary legal steps can be taken to add the father’s name to the birth certificate.
Schedule Your Paternity Test Today
Need to establish paternity in Chicago or the surrounding areas? We can help!
Our clinic offers accurate, confidential, and court-admissible DNA testing for paternity cases.