Can an Illinois Court Order a Paternity Test?

 Posted on February 26, 2024 in Paternity

Establishing paternity for a shared child can be a complicated process, and it may bring up many emotions between the mother and the potential father of the child. There are many reasons why an individual may want to verify paternity, and Illinois courts sometimes need to step in and order paternity tests. If you are questioning the paternity of your child or need help verifying the paternity of a shared child, you can benefit from the guidance of an experienced Illinois paternity lawyer.

Reasons to Establish Paternity

It may be necessary for anyone with a shared child to establish paternity as part of divorce proceedings, to establish rights when it comes to child support or custody, and to verify who is responsible for a child. A potential father and their child can benefit from the rights and protections given when parentage is established.

Updates to the Illinois Parentage Act provide a few circumstances in which parentage is assumed without the need for a paternity test:

• Marriage or civil union where a child is born
• A child born within 300 days of the end of a marriage or civil union, including invalid marriages or civil unions
• If an individual is listed on the child’s birth certificate as a parent and in a relationship with the mother of the child

If you are in the process of establishing paternity, it is important to work with an attorney who is experienced with the 2015 updates to the Illinois Parentage Act to ensure you are navigating these laws and establishing paternity correctly.

Can a Paternity Test Be Denied?

In certain situations, an Illinois judge can order a paternity test. This typically occurs when an individual takes their paternity case to court because they are having trouble establishing paternity or the potential father does not believe that they are the parent of the child.

However, the Illinois Parentage Act also gives courts the right to deny a DNA test if it is in the child’s best interests. This may occur during complex cases where it would affect the child more to compel DNA testing or when parentage can be safely assumed. Working with a skilled paternity lawyer can help you navigate the circumstances around court-ordered paternity testing.

Contact a St. Charles, IL Paternity Lawyer

Figuring out paternity can be a complex issue, especially if one party is denying that they are the parent. Court-ordered paternity tests may be an option, but courts also have the right to deny a paternity test in certain situations. Work with a skilled Kane County, IL paternity attorney at Shaw Sanders, P.C. to learn more about your options for establishing paternity. Call 630-584-5550 for a free consultation.