There is a lot of folk wisdom out there that people assume is true with little to no evidence beyond “it sounds true.” One presumption is that if a man is listed on a birth certificate as the child’s father, he will be deemed the father of that child.
In Illinois, while the listing of a father on a birth certificate validates that the man is the father of the child, a father’s name on a birth certificate does not necessarily establish the rights and responsibilities of fatherhood in Illinois.
In Illinois, birth certificates are filled out by hospital officials.
“When a birth occurs in an institution [like a hospital], the person in charge of the institution or his designated representative shall obtain and record all the personal and statistical particulars relative to the parents of the child that are required to properly complete the live birth certificate” 410 ILCS 535/12(2)
A hospital official with a form does not determine who the father of a child is. Illinois law determines who is the parent of the child and that determines what goes on an Illinois birth certificate.
For women, the law as to parentage is fairly simple: “The parent-child relationship is established between a woman and a child by:(1) the woman having given birth to the child, except as otherwise provided in the Gestational Surrogacy Act ;(2) an adjudication of the woman’s parentage;(3) adoption of the child by the woman;(4) a valid gestational surrogacy arrangement that complies with the Gestational Surrogacy Act or other law; or(5) an unrebutted presumption of the woman’s parentage of the child under Section 204 of this Act.” 750 ILCS 46/201(a)
For a man, the parentage is also simple…if the man is married to the woman who just gave birth, that man is the father of that child.
“A person is presumed to be the parent of a child if:(1) the person and the mother of the child have entered into a marriage, civil union, or substantially similar legal relationship, and the child is born to the mother during the marriage, civil union, or substantially similar legal relationship” 750 ILCS 46/204(a)
If mom and dad are not married, the dad can be found to a parent if he signs a Voluntary Acknowledgment of Paternity.
“The parent-child relationship is established between a man and a child by:
…
(2) An effective voluntary acknowledgment of paternity by the man under Article 3 of this Act; unless the acknowledgment has been rescinded or successfully challenged; 750 ILCS 46/201(b)
Only when a voluntary acknowledgment of paternity has been signed, can a man be listed as a father on a child’s birth certificate.
“[I]f the mother was not married to the father of the child at either the time of conception or the time of birth, the name of the father shall be entered on the child’s birth certificate only if the mother and the person to be named as the father have signed a voluntary acknowledgment of paternity form” 410 ILCS 535/12(4)
The only way a birth certificate can help determine parentage is if the parties put the dad on the birth certificate AND THEN get married shortly thereafter.
“[A person is the presumed parent of a child if] after the child’s birth, the person and the child’s mother have entered into a marriage…and the person is named, with the person’s written consent, as the child’s parent on the child’s birth certificate.” 750 ILCS 46/204
But, wouldn’t the person have already signed the Voluntary Acknowledgement of Paternity to get themselves on the birth certificate…which would mean they are already the father?
Illinois birth certificates are modified by the facts. Conversely, lllinois birth certificates do NOT modify the facts.
“The issuance of marriage licenses and new birth certificates are ministerial acts that generally do not involve fact-finding.” In re Marriage of Simmons, 825 NE 2d 303 – Ill: Appellate Court, 1st Dist., 3rd Div. 2005
For example, Illinois’ Vital Records Act even contemplates how a birth certificate is to be filled out if a married woman having another man’s baby.
“[I]f the mother was married at the time of conception or birth and the presumed father (that is, the mother’s husband) is not the biological father of the child, the name of the biological father shall be entered on the child’s birth certificate only if…(i) the mother and the person to be named as the father have signed a voluntary acknowledgment of paternity form and (ii) the mother and presumed father have signed a denial of parentage form.” 410 ILCS 535/12(4)
Birth certificates determine nothing in Illinois. Quit leaning on what you assume is true without looking it up!
“A fool does not delight in understanding, But in revealing his own mind.” – Proverbs 18:2
If you would like to talk with an Illinois divorce attorney who looks everything up, contact my Chicago, Illinois family law firm to schedule a free consultation.
