Establish Parentage | HFS
Establishing parentage is the critical first step in collecting child support. When legal parentage is established, a child has the right to both parents’ Social Security or veteran's benefits, medical coverage, pensions, and inheritance. Also, the medical genetic information of both parents is available for the child if needed for diagnosis and treatment of medical problems.
How Can Parentage be established?
To make it easier for unwed parents to establish parentage at the time of the child's birth, Illinois law makes it possible for both parents to sign a Voluntary Acknowledgment of Parentage Form HFS 3416B (VAP) in the hospital. A VAP, signed by both the Birth Parent and one other Parent, witnessed, and filed with HFS, establishes parentage. The Parent can be either a genetic parent or an intended parent of a child born through assisted reproduction (other than surrogacy). A valid VAP allows the Parent’s name to be placed on the child’s birth certificate, along with the Birth Parent, without going to court or opening a child support case with HFS.
Parents who do not sign the Voluntary Acknowledgment of Parentage Form HFS 3416B (VAP) at the hospital may sign it later at any local registrar of vital records, county clerk's office, Department of Human Services Office, or Child Support Services Office. The form can also be completed, witnessed at home, and mailed to the Illinois Department of Healthcare and Family Services, Administrative Coordination Unit, PO Box 19152, Springfield, Illinois 62794-9152.
If the Birth Parent was married to someone other than the child’s Parent (genetic or intended) when the child was born or within 300 days before the child’s birth, a Denial of Parentage Form HFS3416D (Denial) must be completed by the Birth Parent and Spouse/Former Spouse along with a VAP signed by the Birth Parent and Parent (genetic or intended).
VAP - Terms and Forms
Key Terms
- Birth Parent – The person who physically gave birth to the child.
- Parent – The genetic parent (not the Birth Parent) or an intended parent of a child born through assisted reproduction (other than surrogacy).
- Spouse/Former Spouse (Spouse) – A person married to or in a civil union with the Birth Parent when the child was born or within 300 days before the birth.
Key Forms
1. Voluntary Acknowledgment of Parentage (VAP) – Used by the Birth Parent and the Parent (genetic or intended) to establish parentage.
2. Denial of Parentage (Denial) – Used by the Birth Parent and a Spouse to establish that the Spouse is not the legal parent.
- Must be signed by both the Birth Parent and Spouse.
- Must be filed with a VAP signed by the Birth Parent and Parent (genetic or intended)
- When both forms are filed, the Spouse is released from all parental rights and responsibilities, and the Parent (genetic or intended) becomes the legal parent.
3. Rescission of VAP or Denial (Rescission) – Used to withdraw a previously signed VAP or Denial (60-day time limit from the effective date of the VAP or Denial).
- Either the Birth Parent or Parent (genetic or intended) can rescind a VAP.
- Either the Birth Parent or Spouse can rescind a Denial.