4 Ways to Establish Paternity in Illinois

 Posted on March 25, 2025 in Paternity

In Illinois, establishing paternity, or the legal relationship between the biological father and child, influences crucial issues such as child support, visitation, and custody. When a woman who gives birth is married, her husband is automatically considered the baby’s father. If the parents are not married, there are several ways paternity can be established and each method suits different scenarios. If you are a parent with questions about establishing paternity, an Illinois paternity lawyer can assist you.

Why Establish Paternity? 

As the father or mother, establishing paternity matters for several reasons, including: 

• Determining the child’s legal rights and responsibilities, including the right to receive child support, inherit property, and have visitation rights.

• Enabling a birth certificate for the child that includes the father’s name.

• Ensuring that the father pays child support for his biological child.

State law establishes several ways to prove paternity in Illinois. The best way depends on your relationship with the other parent. If you are unsure which way is best, talk to an Illinois paternity attorney at The Law Office of Nicholas W. Richardson, P.C..

Voluntary Acknowledgement of Paternity (VAP)

The Voluntary Acknowledgment of Paternity (VAP) is the fastest and easiest method to prove paternity and is appropriate when both parents agree about the father's identity. After the child is born, the mother and father sign the VAP, which is notarized and filed with the state.

Administrative Paternity Order (APO)

Sometimes, the mother and father disagree about who the child’s father is. The Illinois Department of Healthcare and Family Services (HFS) can establish paternity through an administrative order called an Administrative Paternity Order. The mother must file a petition with the agency and include evidence supporting the paternity claim. Possible evidence may consist of: 

• A DNA test that shows the person is the child’s biological father.

• Written proof that the alleged father acknowledges his paternity.

• The financial support the alleged father provides to the child.

Judicial Paternity Order (JPO)

The father can go to Court to file a paternity case if the mother does not wish to acknowledge his paternity. The petition must include evidence that supports his claim. The Court will hold a hearing on the paternity petition, where the mother and father can show evidence supporting their sides. The Judge will decide if issuing the JPO is appropriate.

DNA Test

DNA testing is a definitive method of proving paternity and can show with reliable accuracy whether someone is the child’s father. The test can be performed through HFS or a private laboratory. If the man agrees to it, it can be performed quickly. If the alleged father is uncooperative, the Court could order him to take it.

Speak to a Palatine, IL Paternity Lawyer Today 

Establishing paternity is critical for many reasons and sometimes, legal assistance is necessary. Our Arlington Heights, IL paternity attorney at The Law Office of Nicholas W. Richardson, P.C. is ready to assist you with paternity, child support, child custody, and other critical issues concerning your child. Please call us to schedule a free consultation at 847.873.6741.