Establishing Paternity of Your Child

 Posted on January 23, 2026 in Paternity

When a married woman gives birth, her husband is automatically assumed to be the father. But for children born to unmarried parents, things are different. While mothers automatically have the right to make decisions about their children until a court order states otherwise, "paternity" must be set up before fathers can get parenting time or other legal benefits. Paternity also affects the child’s access to things like Social Security benefits later in life. If you have questions about paternity in 2026, our Arlington Heights family law attorney can help answer them.

What Are the Benefits for Mothers of Establishing Paternity?

When an unmarried woman gives birth, the biological father is an "alleged father." This means he has no legal obligation to support your child if paternity is not established. He also has no right to visit the child. Before you can get child support, financial help with insurance, or other things from the father, you have to prove he is the child's father.

Once paternity is established, your child can get any benefits that the father may provide. This includes child support, medical insurance, and in some cases, inheritance rights or veterans' benefits.

How Does Establishing Paternity Help Fathers?

An alleged father has no automatic rights to his child. He cannot ask for parenting time, make decisions about the child's education or medical care, or step in if the mother loses custody. If the mother decides to give the child up for adoption or if the child goes into the foster system, he cannot claim custody. Establishing paternity is the first step for a father to have rights to his child.

What Are the Benefits of Establishing Paternity for the Child?

Establishing paternity is good for the child as well. Children with official, legal  relationships to both parents often have better emotional health. They know that both parents love and care for them enough to be present in their lives.

Legal benefits include financial support from both parents, access to medical insurance, and help paying for college. A child may also get "hereditary benefits" like Social Security, veterans' benefits, or scholarships if their parents work in certain professions.

How Can You Establish Paternity in Illinois?

The Illinois Parentage Act (750 ILCS 5/601) dictates paternity issues. There are three ways that unmarried parents can establish paternity:

Voluntary Acknowledgment of Paternity

If both parents are sure the alleged father is the biological father, they can sign a Voluntary Acknowledgment of Paternity form. This is usually done at the hospital when the child is born. Both parents must sign the form. Parents who are not sure about the father should not sign one, though parents can sometimes change their minds by filing a Rescission of Voluntary Acknowledgement of Paternity within 60 days.

Court Hearing

When the mother and "alleged father" do not agree on who the father is, a court hearing will be held on the matter. Either parent can file a petition asking the court to determine paternity. The court can order genetic testing to confirm who the father is. Once testing is complete, a judge can enter an "order of paternity." This legally establishes who the father is. However, in certain circumstances, a court can submit an order of paternity without genetic testing.

Department of Healthcare and Family Services Hearing

The Illinois Department of Healthcare and Family Services can conduct an administrative hearing to establish paternity and child support. However, these hearings only settle paternity and support issues and not things like parenting time. If you need rulings on parenting time, you will need to go through the court system.

Remember that in Illinois, signing a VAP form does not automatically give a father custodial rights. A father must file separately to be given parenting time rights.

Call an Arlington Heights Paternity Lawyer

Establishing paternity is almost always beneficial for families. It can be a confusing and intimidating process, though. If you have questions about establishing paternity, contact a Rolling Meadows family law attorney. At the Law Offices of Donald J. Cosley, Attorney Cosley handles all aspects of each case personally. When you call with questions about your case, you will speak with him directly and not be passed off to a less experienced person. Call 847-253-3100 for a free consultation today.