When a Biological Father Wishes to Establish Paternity

Illinois family law attorney, establish paternityWhen a father wishes to establish paternity, there are several important factors to consider. The official establishment of paternity allows a biological father to secure visitation or other custody rights and thereby begin to foster the development of a relationship with his child.

Rights and Benefits

When paternity is established, a biological father is granted certain rights, such as the right to have input on issues related to his child. These issues may include decisions regarding a child's education, medical care and religion. Therefore, establishing paternity can positively impact the indicators of a child's well-being, such as school performance and behavior.

Another major benefit of establishing paternity is having access to the medical history of one's biological father. The availability of family medical history allows doctors and other health care professionals to better predict any potential health issues that may arise due to inherited conditions. This can be beneficial for both the prevention and treatment of possible medical conditions.

Establishing Paternity

Under Illinois law, a presumption that a man is the biological father of a child exists if:

  1. He was married to the biological mother when the child was born or conceived;
  2. He married the biological mother after the birth of the child and his name is recorded on the birth certificate as the father of the child; or
  3. Both parents signed a Voluntary Acknowledgement of Parentage or Paternity form. If the mother is married or was married to another man when the child was born, that male must sign a Voluntary Denial of Paternity form.

The presumption of fatherhood can establish paternity; however, it may also be overcome by clear and convincing evidence. Importantly, an action brought by a person claiming to be a child's natural parent must occur within two years of the child reaching the age of majority or else it is barred under Illinois law.

In certain circumstances, the mother of the child may not agree to the establishment of the father's rights. In this case, a lawsuit can be filed to establish paternity. During this process, it is possible to request a DNA test to establish paternity.

Helping Illinois Fathers

Frequently, fathers are not thought of when it comes to rights related to parenting. However, many fathers desire to have a positive relationship with their child. If you have questions regarding the establishment of paternity, or any other family law issues, please contact our experienced Illinois family law attorneys at MKFM Law. Our firm would be happy to hear from you to discuss your case and how we can assist you. Call 630-665-7300 to schedule your consultation today.


Recent Blog Posts


250 W. River Drive, Unit 2A
St. Charles, IL 60174
Evening and weekend hours by appointment.

From our law office in Wheaton, IL the family law and civil litigation law attorneys of Mirabella, Kincaid, Frederick and Mirabella, represent businesses and individual clients throughout the western suburbs of Chicago, Illinois including Wheaton, Naperville, Oak Brook, Glen Ellyn, Carol Stream, Lombard, Downers Grove, Burr Ridge, Lisle, Elmhurst, Oakbrook Terrace, Winfield, Woodridge, Warrenville and throughout DuPage, Kane and Kendall Counties.

Make a Payment
© 2024 Mirabella, Kincaid, Frederick & Mirabella, LLC | 1737 South Naperville Road, Suite 100, Wheaton, IL 60189 | 630-665-7300
Kane County | Disclaimer Privacy Policy | Resources Sitemap
Take me to top
Giving Back
Contact Us
Giving Back
Contact Us

In honor of the passing of our founder, Joseph F. Mirabella, Jr., our offices are closed Friday, January 31, 2020.I Agree