Illinois Instruction to Jury in a Paternity as to the Average Period of Gestation

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The period of gestation is the period between the date of conception and the date of birth of the child. The average period of gestation is about nine months, but this period may vary.

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FAQ

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.

You have the right to refuse for yourself but not for your child, though. It is important to note that if you refuse, Illinois law permits the question of paternity to be ?resolved ?

Section 102 of the act provides the following new language: ?The parent-child relationship, including support obligations, extends equally to every child and to his or her parent or to each of his or her 2 parents, regardless of the legal relationship of the parents, and regardless of whether a parent is a minor.? ...

Section 750 ILCS 46/501 - Temporary orders (a) On a motion by a party and a showing of clear and convincing evidence of parentage, the court shall issue a temporary order for support of a child, including a non-minor child with a disability, if the order is appropriate and the individual ordered to pay support is: (1) ...

Sec. 801. Child support orders. (a) Notwithstanding any other law to the contrary, pending the outcome of a judicial determination of parentage, the court shall issue an order for child support upon motion by a party and a showing of clear and convincing evidence of parentage.

Under the Illinois Parentage Act (750 ILCS 46/), retroactive child support refers, as we mentioned above, to backdated child support when an initial order was not put into place. As the statute explains, child support payments typically begin on the date that the child support order is entered.

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.

1. Presumed Paternity Through Marriage. In Illinois, if the father is in a marriage or civil union with the mother, he is legally assumed to be the father. This assumption is valid as long as both parties agree.

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Illinois Instruction to Jury in a Paternity as to the Average Period of Gestation