Reasons for Establishing Paternity in Illinois

 Posted on April 18, 2024 in Family Law

Your gender and marital status play a big role in determining how your relationship with your child is recognized by the state of Illinois. A woman who gives birth is automatically considered the baby’s mother and if she is married to a man at the time of the birth, he is automatically considered the father, without any tests carried out to check whether that is biologically true. If she is not married, there is no automatically recognized father even if the father is there at the hospital when the baby is born. If you are not married and you are expecting your baby to be born soon, you will need to go through some steps to establish your paternity, in other words, to be recognized as the baby’s father. A skilled DuPage County, IL paternity attorney can answer your questions and walk you through the process.

I Know I Will Be an Involved Parent. What Difference Does Paternity Make?

When a married couple has kids and then splits up, there are detailed legal processes dedicated to making sure the child’s best interests are protected as the former spouses transition from being a couple to being two single parents. When a couple is not married when the child is born, there are none of the same protections for the child or the parents, and in particular, the father.

Establishing your paternity, in other words, proving that you are the child’s father and eligible for all the rights and responsibilities that a father is given, can have a significant impact on three people:

• You: Whether you are dating the mother or not in any relationship with her, you might think that your choice to be involved and help cover costs is enough to guarantee your place in the child’s life. However, without having established paternity, you have no rights connected to your child. The mother could make decisions you disagree with - about things like his medical care, religious affiliation, and more - and you will have zero legal recourse to influence decisions in a way you think would be best for your child. She also has zero obligation to ensure that you have access to the child and can maintain any sort of relationship with him. On the other hand, if you establish paternity, you are officially recognized as the child’s father, entitled to all the rights that go with parentage.
• The baby’s mother: Whether you are in a relationship with this woman or not, if you care about your child’s future, you will likely want to make sure her mother can raise her in a good, calm, safe environment. Even if you are completely sure you will stand by her and support her emotionally and financially, developments in your relationship could change the way you feel. Legally committing to taking an active role in child-raising can help the mother’s peace of mind immensely.
• The baby: Establishing your paternity means your child will not be denied access to important personal information, including medical information and records that might be relevant to him regarding genetic disorders and predispositions. Additionally, he will have access to any death benefits you may leave behind, including life insurance, social security, and any inheritance. And last, the emotional reward from knowing that his father is proud to be recognized as such can help him develop into a healthy, well-adjusted adult in the future.

Contact a Schaumberg, IL Paternity Lawyer

If you are not married and expecting to become a father, contact an experienced Cook County, IL paternity attorney. At Anderson Attorneys, P.C., we offer our clients compassionate legal assistance as we fight to protect their rights. Call us at 847-850-8899 to schedule a free consultation.