Can you establish paternity through a voluntary acknowledge of paternity (“VAP”)?

November 8th, 2023 by Tiffany Hughes

At The Law Office of Tiffany M. Hughes, one of our primary focuses is to ensure that our clients are as informed as possible of the legal implications of their situation. As such, it is critical that unmarried parents and fathers be apprised of the unique position in which they sit. For married parents and fathers in Illinois, the law presumes that the mother’s spouse at the time in which a child is born is in fact the biological father of the child. In other words, married parents are automatically considered to be the biological parents of a child born during their marriage, unless there is evidence produced to the contrary.

However, for unmarried parents, this automatic presumption does not exist. Rather, unwed father’s must take steps to establish their paternity of the child after he/she has been born. One way in which unmarried parents can establish this right is by executing a Voluntary Acknowledgement of Paternity, also known as a VAP. A VAP is a legal document, typically signed at the hospital after a child is born, that enables an unwed father to be added to the child’s birth certificate. Simply adding the father’s name to the birth certificate at the fathers request is not sufficient to prove paternity.

Once paternity is established between the unwed father and the child, both the father and the child will be given essential legal rights that otherwise would have been unavailable. More specifically, the Illinois Department of Healthcare and Family Services has stated that the father will gain the right to request parenting rights and responsibilities. [Please see our article on parental rights and the allocation of parental responsibilities for more details on what these rights entail.]  Additionally, the child will gain the rights to receive health and life insurance benefits, social security benefits, veteran’s benefits and inherit from his/her father.

The Illinois Parentage Act of 2015 (herein after referred to as “the Act”) is the statutory body that governs the validity and execution of a VAP. Within the Act, there are a number of factors that must be complied with in order for a VAP to be deemed enforceable. According to section 302(a) of the Act, a voluntary acknowledgement must first be filled out in accordance with the form. Second, the form must be signed by both the unwed mother and the unwed father. Third, there must not be another person who is presumed to be the child’s father. If there is another person who is presumed to be the father of the child, the unwed couple must disclose that persons full name on their VAP and that person must deny that they are the child’s parent. Finally, the signing of the VAP must be witnessed by another person. The purpose of having a witness is to confirm that both parties intend to be bound by the agreement and are of sound mind when signing this legal document. If one of the unwed parties would like to challenge the validity of the agreement, they may do so only if they can show that their signature on the acknowledgement was the result of a fraud, or duress, or a material mistake of fact; said challenge must be brought within 2 years of signing the agreement before a Court of proper jurisdiction.

What happens if I can’t find the VAP that was signed or if I never signed a VAP?

In situations where an unwed couple completed a VAP after their child was born but they are unable to locate the actual document, either parent can obtain a VAP from their local Child Support Office, any County Clerk’s office, or from the Department of Healthcare and Family Services website.

Moreover, if signing a VAP is not an option, like in situations where a presumed parent is refusing to deny the presumption, a Petition to Establish Paternity with the court is required. In this situation, the court will order a DNA test for the unwed father. If the results show that the unwed father is indeed the biological parent, the court will enter an order establishing the paternity of the father thereby granting the father and the child the exact same rights they would have received if a VAP had been signed.

Call Us Today

For more information on how the family law Attorneys at The Law Office of Tiffany M. Hughes, P.C. can help ensure your child’s welfare and safety, and help you seek immediate court intervention in Cook, Will, Lake, DuPage, McHenry, Kane, Kendall, and surrounding counties, contact us via email at TiffanyHughes@thugheslaw.com or call us to schedule your complimentary phone consultation today at 773-893-0228.

—

This blog is made available by The Law Office of Tiffany M. Hughes, P.C. for educational purposes only as well as to give you general information and a general understanding of Illinois law, not to provide specific legal advice. By using this website you understand that there is no attorney client relationship between you and The Law Office of Tiffany M. Hughes, P.C.. The website should not be used as a substitute for competent legal advice from a licensed professional attorney in Illinois.  The law changes constantly and we do not go back in time to edit old posts that may be affected by these changes.  If you have any questions about Illinois law, which is the only State this blog and website discusses, please call The Law Office of Tiffany M. Hughes, P.C. for a complimentary phone consultation and do not draw any legal conclusions without speaking to a competent attorney in Illinois first.