ILCS » Chapter 750 · Act 46
Illinois Compiled Statutes

750 ILCS 46/305 (2026)

Effect of voluntary acknowledgment or denial of parentage

✓ current as of May 2026
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(750 ILCS 46/305)
    Sec. 305. Effect of voluntary acknowledgment or denial of parentage.
    (a) Except as otherwise provided in Sections 307 and 308 of this Act, a valid voluntary acknowledgment filed with the Department of Healthcare and Family Services, as provided by law, is equivalent to an adjudication of the parentage of a child and confers upon the acknowledged parent all of the rights and duties of a parent.
    (b) Notwithstanding any other provision of this Act, parentage established in accordance with Section 301 of this Act has the full force and effect of a judgment entered under this Act and serves as a basis for seeking a child support order without any further proceedings to establish parentage.
    (c) Except as otherwise provided in Sections 307 and 308 of this Act, a valid denial by a presumed parent filed with the Department of Healthcare and Family Services, as provided by law, in conjunction with a voluntary acknowledgment, is equivalent to an adjudication of the nonparentage of the presumed parent and discharges the presumed parent from all rights and duties of a parent.
(Source: P.A. 104-448, eff. 1-1-26.)

    
Notes of Decisions
Cited in 7 cases (3 in the last 5 years), 2016–2024 · leading case: Martinez v. Cahue, 826 F.3d 983 (7th Cir. 2016).
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Martinez v. Cahue, 826 F.3d 983 (7th Cir. 2016). “5(a) nor section 609(a) could have restrained Martinez from moving to Mexico with A.”
In re J.D., 2018 IL App (1st) 180580 (Ill. App. Ct. 2019). “” 750 ILCS 46/305(a), (b) (West 2016). The legal effect afforded a validly executed and unchallenged VAP is a determination of parentage, unless and until overturned by a court.”
In re J.D., 2018 IL App (1st) 180580 (Ill. App. Ct. 2018). “Although the majority does not explicitly embrace this reasoning, unsupported as it is by any authority, it is directly contrary to the language of the statute under which (i) a VAP is "equivalent to an adjudication of parentage" and (ii) parentage established pursuant to a VAP…”
Illinois Dep't of Healthcare & Fam. Servs. v. Robinson, 2023 IL App (4th) 221025-U (Ill. App. Ct. 2023). · cites it 4× “” 750 ILCS 46/305(a) (West 2022). In either jurisdiction, a valid VPA can be undone in only one of two ways.”
Stingley v. Burtley, 2022 IL App (1st) 211636-U (Ill. App. Ct. 2022). “” 750 ILCS 46/305(a) (West 2020). In this case, no issue is raised as to the validity of the voluntary acknowledgment executed by Monte or the fact that it was a conclusive and binding adjudication of Monte’s 6 1-21-1636 parentage rights for M.”
Breiter v. Santoro, 2024 IL App (5th) 210248-U (Ill. App. Ct. 2024). “” 750 ILCS 46/305(a) (West 2020). Moreover, a voluntary acknowledgment “has the full force and effect of a judgment entered” under the Act.”
In re Guardianship of C.D.M., 2020 IL App (5th) 180227-U (Ill. App. Ct. 2020). “” 750 ILCS 46/305(a), (b) (West 2016). ¶ 27 The VAP is conclusive unless rescinded by the earlier of two dates, 60 days after the date of the acknowledgment of parentage was signed, or the date of an administrative or judicial proceeding relating to the child in which the…”
— 750 ILCS 46/305(a) — 7 cases
Martinez v. Cahue, 826 F.3d 983 (7th Cir. 2016). “5(a) nor section 609(a) could have restrained Martinez from moving to Mexico with A.”
In re J.D., 2018 IL App (1st) 180580 (Ill. App. Ct. 2019). “” 750 ILCS 46/305(a), (b) (West 2016). The legal effect afforded a validly executed and unchallenged VAP is a determination of parentage, unless and until overturned by a court.”
In re J.D., 2018 IL App (1st) 180580 (Ill. App. Ct. 2018). “Although the majority does not explicitly embrace this reasoning, unsupported as it is by any authority, it is directly contrary to the language of the statute under which (i) a VAP is "equivalent to an adjudication of parentage" and (ii) parentage established pursuant to a VAP…”
Illinois Dep't of Healthcare & Fam. Servs. v. Robinson, 2023 IL App (4th) 221025-U (Ill. App. Ct. 2023). “” 750 ILCS 46/305(a) (West 2022). In either jurisdiction, a valid VPA can be undone in only one of two ways.”
Stingley v. Burtley, 2022 IL App (1st) 211636-U (Ill. App. Ct. 2022). “” 750 ILCS 46/305(a) (West 2020). In this case, no issue is raised as to the validity of the voluntary acknowledgment executed by Monte or the fact that it was a conclusive and binding adjudication of Monte’s 6 1-21-1636 parentage rights for M.”
— 750 ILCS 46/305(b) — 1 case
Illinois Dep't of Healthcare & Fam. Servs. v. Robinson, 2023 IL App (4th) 221025-U (Ill. App. Ct. 2023). “” 750 ILCS 46/305(a) (West 2022). In either jurisdiction, a valid VPA can be undone in only one of two ways.”
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