Understanding a Voluntary Acknowledgement of Paternity in Illinois

 Posted on April 24, 2025 in Child Custody / Parental Responsibilities

In Illinois, the rules of identifying parentage can become complicated. When a child is born to a married mother and father, both are legally recognized as the parents. However, legal recognition can become slightly more complex when the parents are not married.

The mother is still automatically a biological and legal parent, but the father will need to establish legal parentage in another way. If you have questions about how these laws may impact your parental rights, a Cook County, IL paternity attorney can help you understand the process, starting with a Voluntary Acknowledgement of Paternity.

What Is a Voluntary Acknowledgement of Paternity?

The Voluntary Acknowledgement of Paternity (VAP), sometimes called a Voluntary Acknowledgment of Parentage, is the declaration a father makes to claim that he is the father. In cases where both parents agree to establish a man as a child’s legal father, both parents sign the document, and nothing else is needed to prove paternity. Often, you can sign at the hospital immediately following the baby’s birth. However, if, as the father, you were not present for any reason, you can sign after the birth.

When Does Illinois Law Presume Paternity?

Under Illinois law, there are three instances where paternity is automatically presumed:

• The father and mother are married when the child is born, as previously stated.

• The child is born before marriage, and the father is listed on the birth certificate after marriage.

• The father signs a VAP.

If at any point you decide to challenge the presumption of paternity, you have legal options. The Illinois Parentage Act allows the court to require DNA testing for the mother, child, and alleged father. Of course, if both parents agree to testing, the court does not have to intervene. You can test on your own.

Can You Undo a Voluntary Acknowledgement of Paternity in Illinois?

If you signed a VAP document and need to undo it, you may have the option to sign the Recission of Voluntary Acknowledgement of Paternity. You will need to have it witnessed before sending it to the Department of Health and Family Services. This form must be received within 60 days of the VAP. After 60 days, it is more difficult to undo a VAP, but an experienced attorney can help.

Contact a Chicago, IL Paternity Attorney for a Free Consultation

If you have concerns about establishing paternity or vacating an already executed Voluntary Acknowledgement of Paternity, a Cook County, IL paternity lawyer at The Law Office of George J. Skuros can help you understand the laws that apply to your case and what legal options are available to you. As a father, if you are not married to the mother of your child when the child is born, you will not have the legal rights of a father until you complete the necessary legal process. Call 312-884-1222 to schedule a free consultation with an experienced attorney who will ensure you have everything you need to establish parentage.