ILCS » Chapter 750 · Act 46
Illinois Compiled Statutes

750 ILCS 46/204 (2026)

Presumption of parentage

✓ current as of May 2026
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(750 ILCS 46/204)
    Sec. 204. Presumption of parentage.
    (a) A person is presumed to be the parent of a child if:
        (1) the person and the woman or person who gave birth
    
to the child have entered into a marriage, civil union, or substantially similar legal relationship, and the child is born, to the woman or person who gave birth to the child, during the marriage, civil union, or substantially similar legal relationship, except as provided in the Gestational Surrogacy Act or other law;
        (2) the person and the woman or person who gave birth
    
to the child were in a marriage, civil union, or substantially similar legal relationship and the child is born, to the woman or person who gave birth to the child, within 300 days after the marriage, civil union, or substantially similar legal relationship is terminated by death, declaration of invalidity of marriage, judgment for dissolution of marriage, civil union, or substantially similar legal relationship, or after a judgment for legal separation, except as provided in the Gestational Surrogacy Act or other law;
        (3) before the birth of the child, the person and the
    
woman or person who gave birth to the child entered into a marriage, civil union, or substantially similar legal relationship in apparent compliance with law, even if the attempted marriage, civil union, or substantially similar legal relationship is or could be declared invalid, and the child is born during the invalid marriage, civil union, or substantially similar legal relationship or within 300 days after its termination by death, declaration of invalidity of marriage, judgment for dissolution of marriage, civil union, or substantially similar legal relationship, or after a judgment for legal separation, except as provided in the Gestational Surrogacy Act or other law; or
        (4) after the child's birth, the person and the woman
    
or person who gave birth to the child have entered into a marriage, civil union, or substantially similar legal relationship, even if the marriage, civil union, or substantially similar legal relationship is or could be declared invalid, and the person is named, with the person's written consent, as the child's parent on the child's birth certificate.
    (b) If 2 or more conflicting presumptions arise under this Section, the presumption which on the facts is founded on the weightier considerations of policy and logic, especially the policy of promoting the child's best interests, controls. In weighing the presumptions, the court shall consider the factors enumerated in paragraph (3) of subsection (a) of Section 610.
(Source: P.A. 104-448, eff. 12-12-25.)

    
Notes of Decisions
Cited in 8 cases (1 in the last 5 years), 2016–2022 · leading case: In re A.S., 2020 IL App (1st) 200616 (Ill. App. Ct. 2020).
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In re A.S., 2020 IL App (1st) 200616 (Ill. App. Ct. 2020). “750 ILCS 46/204 (West.Supp. 2017). ¶ 37 Additionally, a parent-child relationship may be established by the voluntarily signing and witnessing of a voluntary acknowledgment in accordance with Section 12 of the Vital Records Act (410 ILCS 535/12 (West 2018)), and Section 10-17.”
In re Est. of Jagodowski, 2017 IL App (2d) 160723 (Ill. App. Ct. 2017). · cites it 2× “¶ 17 A petitioner may challenge a presumption of parentage pursuant to section 205 of the Parentage Act, subject to specified limitations.”
In re Est. of Jagodowski, 2017 IL App (2d) 160723 (Ill. App. Ct. 2017). · cites it 2× “750 ILCS 46/204(a)(1) (West Supp. 2015). Here, the parties do not dispute that Joanna was born while Christopher was married to Ilona and that therefore Christopher is her presumed father.”
Dep't of Healthcare & Fam. Servs. ex rel. Nieto v. Arevalo, 2016 IL App (2d) 150504 (Ill. App. Ct. 2017). “1, 2016) (adding 750 ILCS 46/204(a)(1)). The presumption is rebuttable.”
Dep't of Healthcare & Fam. Servs. ex rel. Nieto v. Arevalo, 2016 IL App (2d) 150504 (Ill. App. Ct. 2016). “1, 2016) (adding 750 ILCS 46/204(a)(1)). The presumption is rebuttable.”
In re Marriage of Sparks, 2018 IL App (1st) 180932 (Ill. App. Ct. 2018). · cites it 2× “750 ILCS 46/204(a) (West 2016). We disagree with both of Carole's arguments.”
Arroyo v. Bonstanche, 2022 IL App (3d) 210132-U (Ill. App. Ct. 2022). · cites it 2× “750 ILCS 46/204(a) et seq. (West 2020) For this reason, Jenkins and Sexton argued they were entitled to notice of Arroyo’s parentage action.”
In re Marriage of Sparks, 2018 IL App (1st) 180932 (Ill. App. Ct. 2019). “750 ILCS 46/204(a)(1) (West 2016). We disagree with both of Carole’s arguments.”
— 750 ILCS 46/204(a) — 2 cases
In re Marriage of Sparks, 2018 IL App (1st) 180932 (Ill. App. Ct. 2018). “750 ILCS 46/204(a) (West 2016). We disagree with both of Carole's arguments.”
Arroyo v. Bonstanche, 2022 IL App (3d) 210132-U (Ill. App. Ct. 2022). “750 ILCS 46/204(a) et seq. (West 2020) For this reason, Jenkins and Sexton argued they were entitled to notice of Arroyo’s parentage action.”
— 750 ILCS 46/204(a)(1) — 7 cases
In re Est. of Jagodowski, 2017 IL App (2d) 160723 (Ill. App. Ct. 2017). “¶ 17 A petitioner may challenge a presumption of parentage pursuant to section 205 of the Parentage Act, subject to specified limitations.”
In re Est. of Jagodowski, 2017 IL App (2d) 160723 (Ill. App. Ct. 2017). “750 ILCS 46/204(a)(1) (West Supp. 2015). Here, the parties do not dispute that Joanna was born while Christopher was married to Ilona and that therefore Christopher is her presumed father.”
Dep't of Healthcare & Fam. Servs. ex rel. Nieto v. Arevalo, 2016 IL App (2d) 150504 (Ill. App. Ct. 2017). “1, 2016) (adding 750 ILCS 46/204(a)(1)). The presumption is rebuttable.”
Dep't of Healthcare & Fam. Servs. ex rel. Nieto v. Arevalo, 2016 IL App (2d) 150504 (Ill. App. Ct. 2016). “1, 2016) (adding 750 ILCS 46/204(a)(1)). The presumption is rebuttable.”
In re Marriage of Sparks, 2018 IL App (1st) 180932 (Ill. App. Ct. 2018). “750 ILCS 46/204(a) (West 2016). We disagree with both of Carole's arguments.”
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