What Do You Do if DNA Testing Shows You Are Not the Father in Illinois?

 Posted on September 14, 2025 in Paternity

Learning through DNA testing that you are not a child’s biological father can change everything. What once felt like a given may suddenly raise new questions about support, custody, and your role in the child’s life. In Illinois, paternity laws are strict, but they also allow men in this situation to challenge existing court orders or acknowledgments of paternity. A knowledgeable Wheaton, IL paternity lawyer can help you take the next steps and understand your rights.

What Are Illinois’s Paternity Laws?

Paternity in Illinois is primarily governed by the Illinois Parentage Act of 2015. Under 750 ILCS 46/201, a man is presumed the father under specific circumstances, for example, if he was married to the mother when the child was born, or the child was born within 300 days of the marriage ending. Both parents can also sign a Voluntary Acknowledgment of Paternity (VAP) to establish paternity.

How Do You Disestablish Paternity in Illinois?

If you have been legally recognized as a father but DNA proves otherwise, you may be able to file a petition with the court to disestablish paternity. 750 ILCS 46/205 addresses the process by which a man can legally declare that the parent-child relationship no longer exists. Typically, this must be done within two years of discovering the facts that suggest you are not the biological father. The steps in this process include:

• File a petition with the court: You must start by submitting a petition asking the judge to overturn the existing paternity order.

• Submit DNA evidence: Provide proof, such as certified DNA test results, showing you are not the biological father.

• Attend court hearings: The judge will review your petition, the evidence, and any arguments made by the other parent.

The court will decide based on the evidence, the timing of your petition, and the child’s best interests. If paternity is disestablished, your legal duties, such as child support, may be terminated. However, past child support payments are generally not refunded, even if you were mistakenly identified as the father.

Can You Challenge a VAP in Illinois?

A Voluntary Acknowledgment of Paternity carries the same legal weight as a court order. If you signed a VAP and later discover you are not the biological father, you must act quickly. According to 750 ILCS 46/307, a VAP can be rescinded within 60 days of signing or before the first court date involving the child, whichever comes first.

If more than 60 days have passed, you will have to prove that there was fraud, duress, or a material mistake of fact involved if you want to challenge your VAP. You will need to file a petition with the court and present strong evidence, which can include a DNA test you have already taken. Make sure to meet the strict deadlines. Waiting too long can leave you legally responsible for a child who is not biologically yours.

Schedule Your Free Consultation With a DuPage County, IL Paternity Attorney Today

If DNA testing shows that you are not the father, the legal process to undo paternity in Illinois can be complicated and time-sensitive. Courts look closely at statutory deadlines, the child’s best interests, and the circumstances surrounding the acknowledgment of paternity. An experienced family lawyer can guide you through the steps.

At Andrew Cores Family Law Group, our Wheaton, IL paternity lawyers have extensive experience helping fathers protect their rights in difficult paternity cases. If you need legal advice or representation, do not wait. Call 630-871-1002 to schedule your free consultation.