ILCS » Chapter 750 · Act 46
Illinois Compiled Statutes

750 ILCS 46/309 (2026)

Procedure for challenge

✓ current as of May 2026
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(750 ILCS 46/309)
    Sec. 309. Procedure for challenge.
    (a) A voluntary acknowledgment and any related denial may be challenged only on the basis of fraud, duress, or material mistake of fact by filing a verified petition under this Section within 2 years after the effective date of the voluntary acknowledgment or denial, as provided in Section 304 of this Act. Time during which the person challenging the voluntary acknowledgment or denial is under legal disability or duress or the ground for relief is fraudulently concealed shall be excluded in computing the period of 2 years.
    (b) The verified complaint, which shall be designated a petition, shall be filed in the county where a proceeding relating to the child was brought, such as a support proceeding or, if none exists, in the county where the child resides. Every signatory to the voluntary acknowledgment and any related denial must be made a party to a proceeding to challenge the voluntary acknowledgment or denial. The party challenging the voluntary acknowledgment or denial shall have the burden of proof. The burden of proof to challenge a voluntary acknowledgment is clear and convincing evidence.
    (c) For the purpose of a challenge to a voluntary acknowledgment or denial, a signatory submits to personal jurisdiction of this State by signing the voluntary acknowledgment and any related denial, effective upon the filing of the voluntary acknowledgment and any related denial with the Department of Healthcare and Family Services, as provided in Section 12 of the Vital Records Act.
    (d) Except for good cause shown, during the pendency of a proceeding to challenge a voluntary acknowledgment or denial, the court may not suspend the legal responsibilities of a signatory arising from the voluntary acknowledgment, including the duty to pay child support.
    (e) At the conclusion of a proceeding to challenge a voluntary acknowledgment or denial, the court shall order the Department of Public Health to amend the birth record of the child, if appropriate. A copy of an order entered at the conclusion of a proceeding to challenge shall be provided to the Department of Healthcare and Family Services.
(Source: P.A. 99-85, eff. 1-1-16; 99-769, eff. 1-1-17.)

    
Notes of Decisions
Cited in 6 cases (3 in the last 5 years), 2018–2025 · leading case: In re J.D., 2018 IL App (1st) 180580 (Ill. App. Ct. 2018).
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In re J.D., 2018 IL App (1st) 180580 (Ill. App. Ct. 2018). “750 ILCS 46/309(a), 609(a) (West 2016). Obviously, since Viridiana (i) signed the VAP on J.”
John V. v. Rebecca Z., 2020 IL App (3d) 170802-U (Ill. App. Ct. 2020). “eadline set forth in section 309(a) of the Illinois Parentage Act of 2015 challenges a voluntary acknowledgment of paternity on the basis of fraud, duress, or material mistake of fact is not applicable because the language of section 309(a) provides that the time during which…”
Dep't of Healthcare & Fam. Servs. v. Jones, 2019 IL App (1st) 182352-U (Ill. App. Ct. 2019). · cites it 3× “In his petition, Eric stated that the VAP should be vacated under section 309(a) of the Illinois Parentage Act of 2015 (750 ILCS 46/309(a) (West 2018)), which provides that a VAP may be challenged on grounds of fraud within two years of its effective date, excluding any time…”
Stingley v. Burtley, 2022 IL App (1st) 211636-U (Ill. App. Ct. 2022). · cites it 2× “Tracy apparently conflates the remedies available to the signers of a VAP to rescind the VAP on grounds of disability, mistake, or fraud under section 309 (750 ILCS 46/309) with the remedies available to third parties like Tracy who who are not signatories on a VAP but seek to…”
Illinois Dep't of Healthcare & Fam. Servs. v. Robinson, 2023 IL App (4th) 221025-U (Ill. App. Ct. 2023). “41A(3)(f)(2) (West 2022); 750 ILCS 46/309(a) (West 2022)), making it possible to allege one of those grounds as an affirmative matter in a section 2-619(a)(9) motion.”
In re Zechariah G., 2025 IL App (5th) 250476-U (Ill. App. Ct. 2025). “” 750 ILCS 46/309(a) (West 2024). The party who challenges the VAP “shall have the burden of proof.”
— 750 ILCS 46/309(a) — 5 cases
In re J.D., 2018 IL App (1st) 180580 (Ill. App. Ct. 2018). “750 ILCS 46/309(a), 609(a) (West 2016). Obviously, since Viridiana (i) signed the VAP on J.”
John V. v. Rebecca Z., 2020 IL App (3d) 170802-U (Ill. App. Ct. 2020). “eadline set forth in section 309(a) of the Illinois Parentage Act of 2015 challenges a voluntary acknowledgment of paternity on the basis of fraud, duress, or material mistake of fact is not applicable because the language of section 309(a) provides that the time during which…”
Dep't of Healthcare & Fam. Servs. v. Jones, 2019 IL App (1st) 182352-U (Ill. App. Ct. 2019). “In his petition, Eric stated that the VAP should be vacated under section 309(a) of the Illinois Parentage Act of 2015 (750 ILCS 46/309(a) (West 2018)), which provides that a VAP may be challenged on grounds of fraud within two years of its effective date, excluding any time…”
Illinois Dep't of Healthcare & Fam. Servs. v. Robinson, 2023 IL App (4th) 221025-U (Ill. App. Ct. 2023). “41A(3)(f)(2) (West 2022); 750 ILCS 46/309(a) (West 2022)), making it possible to allege one of those grounds as an affirmative matter in a section 2-619(a)(9) motion.”
In re Zechariah G., 2025 IL App (5th) 250476-U (Ill. App. Ct. 2025). “” 750 ILCS 46/309(a) (West 2024). The party who challenges the VAP “shall have the burden of proof.”
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