Voluntary Acknowledgment of Parentage Frequently Asked Questions

Acknowledging parentage by VAP is a simple way to establish the legal relationship between a Parent (genetic or intended) and their child, allowing their name to be placed on the birth certificate, along with the Birth Parent, without going to court or opening a child support case with HFS. A valid VAP, filed with HFS, creates certain rights and responsibilities for the child and parents. 

·  Ensure a child’s right to a legal relationship with both parents.
·  Add the Parent’s name to the birth certificate.
·  Protect the Parent’s rights.
·  Enable access to family medical information.
·  Secure the child’s benefits such as financial and medical support, social security, veteran’s benefits, and inheritance.

If a person has any doubts about signing a VAP or Denial - especially if they wish to pursue genetic testing - they should not sign either document. Instead, they may seek additional information through the HFS – CSS website or pursue parentage through the court. For assistance with DNA testing and establishing parentage, contact the Department directly at 1-800-447-4278.

If the Birth Parent was married when the child was born (or within 300 days before the birth) and the Spouse is not the Parent (genetic or intended) of the child, the Birth Parent and Spouse must complete a Denial. A VAP must also be completed by the Birth Parent and Parent (genetic or intended). Both the VAP and Denial must be filed with HFS for the Parent (genetic or intended) to be placed on the child’s birth certificate with the Birth Parent. If the Spouse does not sign a Denial, they are presumed to be the parent of the child, and their name will be placed on the birth certificate.

Yes, but the divorce decree must specifically indicate that the Spouse is not the parent of the child. It must be signed by a judge and stamped with the circuit clerk’s seal. Contact the Child Support Regional Office for more information.

If the VAP (and Denial, if necessary) is completed at the hospital when the child is born, hospital staff will witness the document and add the Parent’s (genetic or intended) name, along with the Birth Parent’s name, to the birth certificate via electronic submission to Illinois Department of Public Health (IDPH). The hospital will send the official document to HFS for filing.

 

If the VAP (and Denial, if necessary) is NOT completed at the hospital, each person must sign and date the form in front of a witness (age 18 or older and not a person or child named on the form) and submit the completed, official document to HFS. HFS will notify the IDPH to update the child’s birth certificate with the Parent’s (genetic or intended) name. A VAP (and Denial) is not valid until it has been received and filed with HFS, even if it was completed at the hospital. 

The parties may withdraw consent by completing a Rescission. The HFS 3416E Form, Rescission of Illinois Voluntary Acknowledgment of Parentage or Rescission of Illinois Denial of Parentage, is on the CSS website. A Rescission must be received by HFS within 60 days from the date the VAP (or Denial) was filed with HFS. Only the parties that signed the form can rescind that form. Therefore, the Parent (genetic or intended) can only rescind the VAP, the Spouse can only rescind the Denial, and the Birth Parent can rescind either the VAP or Denial. 

Yes, in very limited circumstances and only in court. The VAP (or Denial) informed the parties of their right to a genetic test and that they waived that right by signing the form. The challenge to the VAP (or Denial); therefore, must be based on fraud, duress, or material mistake of fact and is generally only allowed within 2 years from the date the document was filed with HFS.

The parties can complete a 3416H Form, Request for a Certified Copy of the Illinois Voluntary Acknowledgment of Parentage and/or Denial of Parentage, and send it to the ACU, which will return a certified copy of the VAP (and/or Denial) to the requesting party. The form is on the CSS website. Only the parties that signed the form can receive that form. Therefore, the Parent (genetic or intended) can only request the VAP, the Spouse can only request the Denial, and the Birth Parent can request both the VAP and Denial. 

Yes, the VAP may be signed by a married couple or a couple in a civil union if they are the Birth Parent and Parent (genetic or intended). However, a VAP is not necessary to have the Spouse’s name added to the child’s birth certificate. The Spouse’s parentage is presumed due to the marriage or civil union. 

Yes.  The living arrangement of the unmarried parents does not establish parentage.  Correctly completing, signing, and filing the VAP with HFS will establish legal parentage.

No, the child can have the Birth Parent’s last name, Parent’s (genetic or intended) last name, or a completely different last name.

As much of the VAP should be completed as possible, but yes, parents without an SSN can sign a VAP. They can also complete a VAP if they can’t remember certain information such as their SSN, address, or place of birth. In these cases, a dash (-) should be put in the field to indicate the item was addressed.

No. The VAP or the Denial can be sent to the Birth Parent, Parent (genetic or intended), or Spouse to be signed.  Both parties must sign the appropriate form(s) in front of an adult witness (age 18 or older and not a person or child named on the form) and follow the instructions on the back of the form to file it with HFS.  Both parties must sign the same document.

Yes, the minor parents can sign a VAP without their parents’ permission.

Yes, a VAP or Denial can be completed before the child is born; however, it is not valid until the child is born and the VAP is filed with the HFS.

HFS, CSS cannot determine custody and visitation.  Only the court can grant such requests. However, by signing the VAP the parents have established parentage and may ask the court to establish visitation or custody.

If the Birth Parent or Parent (genetic or intended) requests child support services from HFS, CSS will assist with establishing a child support and/or medical order.  The Illinois mandatory child support guidelines require both parents’ financial information to calculate the child support obligation.  Either parent may be ordered to provide child support and/or medical coverage.  However, only one parent will be ordered to pay child support to the other parent. 

Contact the Illinois Department of Public Health, Division of Vital Records by emailing dph.vitals@illinois.gov.

A VAP would not be completed for a stillborn because there is no birth certificate completed. If the parents are unmarried and the child is born alive then dies, a VAP would be necessary to place the Parent’s (genetic or intended) name on the birth certificate and subsequent death certificate.