ILCS » Chapter 750 · Act 46
Illinois Compiled Statutes

750 ILCS 46/205 (2026)

Proceedings to declare the non-existence of the parent-child relationship

✓ current as of May 2026
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(750 ILCS 46/205)
    Sec. 205. Proceedings to declare the non-existence of the parent-child relationship.
    (a) An action to declare the non-existence of the parent-child relationship may be brought by the child, the woman or person who gave birth to the child, or a person presumed to be a parent under Section 204 of this Act. Actions brought by the child, the woman or person who gave birth to the child, or a presumed parent shall be brought by verified complaint, which shall be designated a petition. After a presumption under Section 204 of this Act has been rebutted, parentage of the child by another person may be established in the same action, if such person has been made a party.
    (b) An action to declare the non-existence of the parent-child relationship brought under subsection (a) of this Section shall be barred if brought later than 2 years after the petitioner knew or should have known of the relevant facts. The 2-year period for bringing an action to declare the non-existence of the parent-child relationship shall not extend beyond the date on which the child reaches the age of 18 years. Failure to bring an action within 2 years shall not bar any party from asserting a defense in any action to declare the existence of the parent-child relationship.
    (c) An action to declare the non-existence of the parent-child relationship may be brought subsequent to an adjudication of parentage in any judgment by the person adjudicated to be the parent pursuant to a presumption in paragraphs (a)(1) through (a)(4) of Section 204 if, as a result of deoxyribonucleic acid (DNA) testing, it is discovered that the person adjudicated to be the parent is not the parent of the child. Actions brought by the adjudicated parent shall be brought by verified petition. If, as a result of the deoxyribonucleic acid (DNA) testing that is admissible under Section 614 of this Act, the petitioner is determined not to be the parent of the child, the adjudication of parentage and any orders regarding the allocation of parental responsibilities, parenting time, and future payments of support may be vacated. This provision shall not apply to actions involving parentage of children born through assisted reproduction.
    (d) An action to declare the non-existence of the parent-child relationship brought under subsection (c) of this Section shall be barred if brought more than 2 years after the petitioner obtains actual knowledge of relevant facts. The 2-year period shall not apply to periods of time where the woman or person who gave birth to the child or the child refuses to submit to deoxyribonucleic acid (DNA) testing. The 2-year period for bringing an action to declare the non-existence of the parent-child relationship shall not extend beyond the date on which the child reaches the age of 18 years.
(Source: P.A. 104-448, eff. 12-12-25.)

    
Notes of Decisions
Cited in 12 cases (2 in the last 5 years), 2017–2024 · leading case: In re Est. of Jagodowski, 2017 IL App (2d) 160723 (Ill. App. Ct. 2017).
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In re Est. of Jagodowski, 2017 IL App (2d) 160723 (Ill. App. Ct. 2017). · cites it 10× “The first question asks us to determine whether the limitations periods 2017 IL App (2d) 160723 under the Illinois Parentage Act of 2015 (Parentage Act) (750 ILCS 46/205 (West Supp. 2015))1 apply in a probate proceeding, and the second asks whether the administrator of an estate…”
In re Est. of Jagodowski, 2017 IL App (2d) 160723 (Ill. App. Ct. 2017). · cites it 10× “The first question asks us to determine whether the limitations periods under the Illinois Parentage Act of 2015 (Parentage Act) (750 ILCS 46/205 (West Supp. 2015))1 apply in a probate proceeding, and the second asks whether the administrator of an estate has standing to…”
In re J.D., 2018 IL App (1st) 180580 (Ill. App. Ct. 2019). “The State claims the petition was untimely, relying on section 205(b) of the Parentage Act (750 ILCS 46/205(b) (West 2016)), rather than section 609 of the Parentage Act (id.”
In re J.D., 2018 IL App (1st) 180580 (Ill. App. Ct. 2018). “argues the trial court correctly found the statute of limitations did not bar him from filing his petition.”
In re Guardianship of C.D.M., 2020 IL App (5th) 180227-U (Ill. App. Ct. 2020). · cites it 4× “750 ILCS 46/205(a) (West 2016). Count II sought the establishment of 5 parentage between the minor and Eric Petersen.”
In re Marriage of Sparks, 2018 IL App (1st) 180932 (Ill. App. Ct. 2018). “" 750 ILCS 46/205(c) (West 2016). ¶ 23 Section 205(d) of the Act provides, in relevant part, that a petition under section 205(c)"shall be barred if brought more than 2 years after the petitioner obtains actual knowledge of relevant facts.”
In re J.R., 2022 IL App (4th) 220115-U (Ill. App. Ct. 2022). · cites it 3× “¶4 Respondent appeals, arguing that the trial court erred by (1) applying section 205 of the Illinois Parentage Act of 2015 (Act) (750 ILCS 46/205 (West 2020)) rather than section 309 of the Act (id.”
In re Grace C., 2019 IL App (1st) 190875 (Ill. App. Ct. 2019). · cites it 4× “” 750 ILCS 46/205 (West 2016). The Act provides that the proceedings must be brought within 2 years of when the petitioner knew or should have known about the facts that support the petition.”
In re Petition of McTear, 2020 IL App (1st) 191044-U (Ill. App. Ct. 2020). · cites it 2× “” 750 ILCS 46/205 (West 2018). He argued that petitioners admitted through counsel that “there has been no contact between the respondent and [the minor] since 2008” and that the adoption petition was filed less than 30 days before he was due to be released from custody.”
In re Marriage of Dee J., 2018 IL App (2d) 170532 (Ill. App. Ct. 2018). “See generally 750 ILCS 46/205 (West Supp. 2015). Conversely, Ashlie sought a declaration of her parent-child relationship with A.”
In re Marriage of Sparks, 2018 IL App (1st) 180932 (Ill. App. Ct. 2019). “Carole’s attorney was allowed to withdraw, and Carole filed a pro se motion to vacate and reconsider the circuit court’s order requiring DNA testing, which in part referenced sections 205 and 610 of the Act (750 ILCS 46/205, 610 (West 2016)). The motion to reconsider was fully…”
Breiter v. Santoro, 2024 IL App (5th) 210248-U (Ill. App. Ct. 2024). “There, the husband filed a petition pursuant to section 205 of the Illinois Parentage Act of 2015 (Act) (750 ILCS 46/205 (West 2016)). That section allows an action to declare the nonexistence of a parent-child relationship to be brought by a party presumed to be a parent by…”
— 750 ILCS 46/205(a) — 4 cases
In re Est. of Jagodowski, 2017 IL App (2d) 160723 (Ill. App. Ct. 2017). “The first question asks us to determine whether the limitations periods 2017 IL App (2d) 160723 under the Illinois Parentage Act of 2015 (Parentage Act) (750 ILCS 46/205 (West Supp. 2015))1 apply in a probate proceeding, and the second asks whether the administrator of an estate…”
In re Est. of Jagodowski, 2017 IL App (2d) 160723 (Ill. App. Ct. 2017). “The first question asks us to determine whether the limitations periods under the Illinois Parentage Act of 2015 (Parentage Act) (750 ILCS 46/205 (West Supp. 2015))1 apply in a probate proceeding, and the second asks whether the administrator of an estate has standing to…”
In re Guardianship of C.D.M., 2020 IL App (5th) 180227-U (Ill. App. Ct. 2020). “750 ILCS 46/205(a) (West 2016). Count II sought the establishment of 5 parentage between the minor and Eric Petersen.”
In re Petition of McTear, 2020 IL App (1st) 191044-U (Ill. App. Ct. 2020). “” 750 ILCS 46/205 (West 2018). He argued that petitioners admitted through counsel that “there has been no contact between the respondent and [the minor] since 2008” and that the adoption petition was filed less than 30 days before he was due to be released from custody.”
— 750 ILCS 46/205(b) — 6 cases
In re Est. of Jagodowski, 2017 IL App (2d) 160723 (Ill. App. Ct. 2017). “The first question asks us to determine whether the limitations periods 2017 IL App (2d) 160723 under the Illinois Parentage Act of 2015 (Parentage Act) (750 ILCS 46/205 (West Supp. 2015))1 apply in a probate proceeding, and the second asks whether the administrator of an estate…”
In re Est. of Jagodowski, 2017 IL App (2d) 160723 (Ill. App. Ct. 2017). “The first question asks us to determine whether the limitations periods under the Illinois Parentage Act of 2015 (Parentage Act) (750 ILCS 46/205 (West Supp. 2015))1 apply in a probate proceeding, and the second asks whether the administrator of an estate has standing to…”
In re J.D., 2018 IL App (1st) 180580 (Ill. App. Ct. 2019). “The State claims the petition was untimely, relying on section 205(b) of the Parentage Act (750 ILCS 46/205(b) (West 2016)), rather than section 609 of the Parentage Act (id.”
In re J.D., 2018 IL App (1st) 180580 (Ill. App. Ct. 2018). “argues the trial court correctly found the statute of limitations did not bar him from filing his petition.”
In re Grace C., 2019 IL App (1st) 190875 (Ill. App. Ct. 2019). “” 750 ILCS 46/205 (West 2016). The Act provides that the proceedings must be brought within 2 years of when the petitioner knew or should have known about the facts that support the petition.”
— 750 ILCS 46/205(c) — 1 case
In re Marriage of Sparks, 2018 IL App (1st) 180932 (Ill. App. Ct. 2018). “" 750 ILCS 46/205(c) (West 2016). ¶ 23 Section 205(d) of the Act provides, in relevant part, that a petition under section 205(c)"shall be barred if brought more than 2 years after the petitioner obtains actual knowledge of relevant facts.”
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