ILCS » Chapter 750 · Act 46
Illinois Compiled Statutes

750 ILCS 46/401 (2026)

Proceeding authorized

✓ current as of May 2026
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(750 ILCS 46/401)
    Sec. 401. Proceeding authorized.
    (a) As soon as practicable, a court, or an administrative hearing officer in an Expedited Child Support System may, subject to subsection (c), order or direct a woman or person who gave birth to the child, the child, and an alleged, acknowledged parent, adjudicated parent, or the presumed parent to submit to deoxyribonucleic acid (DNA) testing to determine inherited characteristics.
    (b) A court, or an administrative hearing officer in an Expedited Child Support System, upon the request of any party, or the child, shall, subject to subsection (c), order or direct a woman or person who gave birth to the child, the child, and a presumed, acknowledged, alleged, or adjudicated parent to submit to deoxyribonucleic acid (DNA) testing to determine inherited characteristics unless the court determines that (1) the conduct of the parent, acknowledged parent, adjudicated parent, or the presumed parent estops that party from denying parentage; (2) it would be inequitable to disprove the parent-child relationship between the child and the presumed, acknowledged, or adjudicated parent, and (3) that it is in the child's best interest to deny DNA testing considering the factors in Section 610(a)(3). It is presumed to be equitable and in the best interest of the child to grant a motion by the child seeking an order for genetic testing. The presumption may be overcome by clear and convincing evidence that extraordinary circumstances exist making the genetic testing contrary to the child's best interests. The court's order denying a child's request for genetic testing must state the basis upon which the presumption was overcome. The court's order granting a child's request for genetic testing must specify the ways in which testing results may be used for purposes of protecting the child's best interests. In a proceeding involving the application of this Section, a minor or incapacitated child must be represented by a guardian ad litem, child's representative, or attorney for the child.
    (c) Genetic testing may not be used to (1) challenge the parentage of a person who is a parent under Article 7 or the Gestational Surrogacy Act, inclusive, or (2) establish the parentage of a person who is a donor.
(Source: P.A. 104-448, eff. 12-12-25.)

    
Notes of Decisions
Cited in 3 cases, 2018–2020 · 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). · cites it 3× “750 ILCS 46/401 (West 2016). ¶ 41 The Parentage Act further provides that an adjudication to determine parentage may be brought by the child, a parent, or a representative authority authorized by law to act for an individual who would otherwise be entitled to maintain a…”
In re Marriage of Sparks, 2018 IL App (1st) 180932 (Ill. App. Ct. 2018). “" 750 ILCS 46/401 (West 2016). The legislature's intent is clear: where a party or the child requests genetic testing, the circuit court " shall order or direct the mother, child, and alleged father to submit" to genetic testing.”
In re Marriage of Sparks, 2018 IL App (1st) 180932 (Ill. App. Ct. 2019). “” 750 ILCS 46/401 (West 2016). The legislature’s intent is clear: where a party or the child requests genetic testing, the circuit court “shall order or direct the mother, child, and alleged father to submit” to genetic testing.”
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