ILCS » Chapter 750 · Act 46
Illinois Compiled Statutes

750 ILCS 46/608 (2026)

Limitation; child having presumed parent

✓ current as of May 2026
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(750 ILCS 46/608)
    Sec. 608. Limitation; child having presumed parent.
    (a) An action to challenge a presumption of parentage under Section 204 of this Act must be commenced by an individual other than the child not later than 2 years after the petitioner knew or should have known of the relevant facts. The time the petitioner is under legal disability or duress or the ground for relief is fraudulently concealed shall be excluded in computing the period of 2 years. The 2-year limitation does not apply to an action by the child.
    (b) A proceeding seeking to declare the non-existence of the parent-child relationship between a child and the child's presumed parent may be maintained at any time by a person described in paragraphs (1) through (4) of subsection (a) of Section 204 of this Act if the court determines that the presumed parent and the woman or individual who gave birth to the child neither cohabited nor engaged in sexual intercourse with each other during the probable time of conception.
    (c) If in a proceeding to adjudicate a presumed parent's parentage, another individual in addition to the woman or individual who gave birth to the child asserts a claim to parentage of the child, the court shall adjudicate parentage under Section 610.
(Source: P.A. 104-448, eff. 12-12-25.)

    
Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 2017–2022 · 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 5× “750 ILCS 46/608(b) (West Supp. 2015). ¶ 20 With these provisions in mind, we turn to the parties’ arguments.”
In re Est. of Jagodowski, 2017 IL App (2d) 160723 (Ill. App. Ct. 2017). · cites it 4× “750 ILCS 46/608(b) (West Supp. 2015). -7- 2017 IL App (2d) 160723 ¶ 20 With these provisions in mind, we turn to the parties’ arguments.”
In re Parentage of A.M., 2020 IL App (5th) 190441-U (Ill. App. Ct. 2020). · cites it 2× “On appeal, the McRoys argue that the court erred in finding the two-year statute of 1 limitations under the Act (750 ILCS 46/608(a) (West 2018)) inapplicable.”
In re M.B., 2022 IL App (5th) 220245 (Ill. App. Ct. 2022). “Therefore, the court ruled that—pursuant to section 608(a) of the Illinois Parentage 2 Act of 2015 (Act) (750 ILCS 46/608(a) (West 2020)), which establishes a two-year statute of limitations for bringing a petition to establish parentage by an alleged father in a circumstance…”
— 750 ILCS 46/608(a) — 2 cases
In re Parentage of A.M., 2020 IL App (5th) 190441-U (Ill. App. Ct. 2020). “On appeal, the McRoys argue that the court erred in finding the two-year statute of 1 limitations under the Act (750 ILCS 46/608(a) (West 2018)) inapplicable.”
In re M.B., 2022 IL App (5th) 220245 (Ill. App. Ct. 2022). “Therefore, the court ruled that—pursuant to section 608(a) of the Illinois Parentage 2 Act of 2015 (Act) (750 ILCS 46/608(a) (West 2020)), which establishes a two-year statute of limitations for bringing a petition to establish parentage by an alleged father in a circumstance…”
— 750 ILCS 46/608(b) — 2 cases
In re Est. of Jagodowski, 2017 IL App (2d) 160723 (Ill. App. Ct. 2017). “750 ILCS 46/608(b) (West Supp. 2015). ¶ 20 With these provisions in mind, we turn to the parties’ arguments.”
In re Est. of Jagodowski, 2017 IL App (2d) 160723 (Ill. App. Ct. 2017). “750 ILCS 46/608(b) (West Supp. 2015). -7- 2017 IL App (2d) 160723 ¶ 20 With these provisions in mind, we turn to the parties’ arguments.”
— 750 ILCS 46/608(c) — 2 cases
In re Est. of Jagodowski, 2017 IL App (2d) 160723 (Ill. App. Ct. 2017). “750 ILCS 46/608(b) (West Supp. 2015). -7- 2017 IL App (2d) 160723 ¶ 20 With these provisions in mind, we turn to the parties’ arguments.”
In re Est. of Jagodowski, 2017 IL App (2d) 160723 (Ill. App. Ct. 2017). “750 ILCS 46/608(b) (West Supp. 2015). ¶ 20 With these provisions in mind, we turn to the parties’ arguments.”
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