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No, signing the birth certificate does not establish paternity in Illinois. The signatures on a birth certificate without a VAP hold little to no legal value in Illinois family court.
To request a certified copy of the VAP go to .childsupport.illinois.gov and complete and follow instructions on HFS 3416H, Request for a Certified copy of the Voluntary Acknowledgment of Paternity and/or Denial of Parentage.
In Illinois, an unmarried mother has sole custody of a child until paternity is legally established. Once paternity is confirmed by the court, custody rights are equal for both parents. The assumption is that both are fit to parent, so both will receive parenting time.
If it is your record, or the record of your child or spouse, you can contact the Illinois Department of Public Health (IDPH) to correct the error. Fill out the Affidavit and Certificate of Correction Request. Follow the instructions on the first page of the form. You must sign the form in front of a notary.
There are three ways to establish paternity: Both parents complete, sign, and have a Voluntary Acknowledgement of Paternity (VAP) form witnessed and filed with the Department of Healthcare and Family Services. An Administrative Paternity Order is established and entered by HFS' Child Support Services; or.
If you have not established paternity between you and the child, then you have no rights to that child. Paternity can be established in a couple of ways: Being married to the mother of the child at the time of birth, Signing the voluntary acknowledgment of paternity (VAP), or.
Illinois law states that if parents are married when a child is conceived and born, then the husband or ex-husband is presumed to be the legal father of the child. The presumption of paternity is not given to an unwed husband, leaving him without any legal rights or responsibilities for his child.
In Illinois, the latest possible time that the statute of limitations for paternity can end is when the child turns 20, so you cannot establish paternity after that time. But the sooner paternity is established, the sooner a parent/child relationship can start.