Can I put my name on the child’s birth certificate after the birth of the child in Illinois?

Full question:

I recently married my girlfriend who is carrying her ex-husband’s child. She is due by next month. Her ex-husband is no more and therefore I am willing to give the child my name. Can I put my name on the child’s birth certificate after birth in Illinois?

• Category: Paternity
• Date: 04/07/2025
• State: Illinois

Answer:

Under Illinois state law, a person who is not the biological father shall be given an opportunity to accept parentage and deny paternity by signing an acknowledgment of parentage and denial of paternity as per Illinois Parentage Act of 1984 and Illinois Parentage Act of 2015. Along with the forms of acknowledgment paternity and denial of paternity, the person who is willing to establish a parent-child relationship must provide documents as listed in the section.

The applicable part of the follows 410 Ill. Comp. Stat. Ann. 535/12 is as follows:

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Upon the birth of a child to an unmarried woman, or upon the birth of a child to a woman who was married at the time of conception or birth and whose husband is not the biological father of the child, the institution at the time of birth and the local registrar or county clerk after the birth shall do the following:
(a) Provide (i) an opportunity for the child's mother and father to sign an acknowledgment of parentage and (ii) if the presumed father is not the biological father, an opportunity for the mother and presumed father to sign a denial of paternity. The signing and witnessing of the acknowledgment of parentage or, if the presumed father of the child is not the biological father, the acknowledgment of parentage and denial of paternity conclusively establishes a parent and child relationship in accordance with Sections 5 and 6 of the Illinois Parentage Act of 1984¹ and with the Illinois Parentage Act of 2015² on and after the effective date of that Act.
The Department of Healthcare and Family Services shall furnish the acknowledgment of parentage and denial of paternity form to institutions, county clerks, and State and local registrars' offices. The form shall include instructions to send the original signed and witnessed acknowledgment of parentage and denial of paternity to the Department of Healthcare and Family Services. The acknowledgement of paternity and denial of paternity form shall also include a statement informing the mother, the alleged father, and the presumed father, if any, that they have the right to request deoxyribonucleic acid (DNA) tests regarding the issue of the child's paternity and that by signing the form, they expressly waive such tests. The statement shall be set forth in bold-face capital letters not less than 0.25 inches in height.
(b) Provide the following documents, furnished by the Department of Healthcare and Family Services, to the child's mother, biological father, and (if the person presumed to be the child's father is not the biological father) presumed father for their review at the time the opportunity is provided to establish a parent and child relationship:
(i) An explanation of the implications of, alternatives to, legal consequences of, and the rights and responsibilities that arise from signing an acknowledgment of parentage and, if necessary, a denial of paternity, including an explanation of the parental rights and responsibilities of child support, visitation, custody, retroactive support, health insurance coverage, and payment of birth expenses.
(ii) An explanation of the benefits of having a child's parentage established and the availability of parentage establishment and child support enforcement services.
(iii) A request for an application for child support enforcement services from the Department of Healthcare and Family Services.
(iv) Instructions concerning the opportunity to speak, either by telephone or in person, with staff of the Department of Healthcare and Family Services who are trained to clarify information and answer questions about paternity establishment.
(v) Instructions for completing and signing the acknowledgment of parentage and denial of paternity.
(c) Provide an oral explanation of the documents and instructions set forth in subdivision (5)(b), including an explanation of the implications of, alternatives to, legal consequences of, and the rights and responsibilities that arise from signing an acknowledgment of parentage and, if necessary, a denial of paternity. The oral explanation may be given in person or through the use of video or audio equipment.
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