Michael E. Byczek, Attorney at Law

		How to Establish Paternity There are typically three ways to become the legal father of a child: (1) by marriage to the mother at childbirth, (2) mother and father signing an acknowledgment of paternity form, or (3) through an administrative or judicial procedure. There is a difference between a legal father and biological father. In the extreme case, consider a woman who is married, but has an affair that results in a pregnancy. By law, her husband is the legal father. The biological father does not have any legal rights, including visitation. Genetic testing does not matter. Method 1: At the Hospital The mother and father may sign a voluntary acknowledgement when the child is born. The hospital is supposed to provide unmarried parents with an informational packet. If the form is properly witnessed at the hospital, the staff will list the father on the birth certificate. However, if the mother is married to a man not the biological father, further steps are necessary. Method 2: After Birth The mother and father may sign a voluntary acknowledgment any time prior to the child reaching the age of 21, with proper witnesses. Method 3: Administrative Hearing The Illinois Department of Healthcare and Family Services will conduct an administrative proceeding, which requires either the parents signing the voluntary acknowledgement of paternity, agreeing to be bound by genetic testing, or through a contested hearing. If both the mother and father agree to be bound by genetic testing, they and the and child will be tested. The test has to show that the applicant is 500 times more likely to be the father than a random man of the same race. Method 4: Go to Court The father may file a petition in court to establish paternity. A judge may order genetic testing and make a paternity decision based on the results. Custody, support, and visitation will also be elements of a court case. Copyright © 2008-2009. Michael E. Byczek. All Rights Reserved.