ILCS » Chapter 750 · Act 46
Illinois Compiled Statutes

750 ILCS 46/610 (2026)

Factors in adjudicating parentage

✓ current as of May 2026
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(750 ILCS 46/610)
    Sec. 610. Factors in adjudicating parentage.
    (a) Consistent with Sections 205, 309, 608, 609, and 617 in cases in which there are competing claims to parentage and in proceedings in which the parentage of a child having a presumed, acknowledged, or adjudicated parent is at issue, the court shall consider the following factors when adjudicating the individual's parentage:
        (1) whether the conduct of the parent, acknowledged
    
parent, adjudicated parent, or the presumed parent estops that party from denying parentage;
        (2) whether it would be inequitable to disprove the
    
parent-child relationship between the child and the presumed, acknowledged, or adjudicated parent; and
        (3) whether it is in the child's best interests to
    
adjudicate the individual to be the child's parent, taking into account the following factors:
            (A) the length of time between the current
        
proceeding to adjudicate parentage and the time that the presumed, acknowledged, or adjudicated parent was placed on notice that the presumed, acknowledged, or adjudicated parent might not be the biological parent;
            (B) the length of time during which the presumed,
        
acknowledged, or adjudicated parent has assumed the role of parent of the child;
            (C) the facts surrounding the presumed,
        
acknowledged, or adjudicated parent's discovery of possible non-parentage;
            (D) the nature of the relationship between the
        
child and the presumed, acknowledged, or adjudicated parent;
            (E) the age of the child;
            (F) the harm that may result to the child if the
        
presumed, acknowledged, or adjudicated parentage is successfully disproved;
            (G) the nature of the relationship between the
        
child and the presumed, acknowledged, adjudicated or alleged parent;
            (H) the extent to which the passage of time
        
reduces the chances of establishing the parentage of another person and a child support obligation in favor of the child;
            (I) other factors that may affect the equities
        
arising from the disruption of the parent-child relationship between the child and the presumed, acknowledged, or adjudicated parent or the chance of other harm to the child; and
            (J) any other factors the court determines to be
        
equitable.
    (b) 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) (Blank).
(Source: P.A. 104-448, eff. 12-12-25.)

    
Notes of Decisions
Cited in 2 cases, 2018–2020 · leading case: In re A.S., 2020 IL App (1st) 200616 (Ill. App. Ct. 2020).
Sort: Relevance Newest Treatment
In re A.S., 2020 IL App (1st) 200616 (Ill. App. Ct. 2020). “750 ILCS 46/610(a) (West.Supp. 2017). ¶ 43 It is presumed to be equitable and in the best interests of the child to grant a motion by the child (represented by a guardian ad litem or attorney) seeking an order for genetic testing.”
In re Marriage of Sparks, 2018 IL App (1st) 180932 (Ill. App. Ct. 2018). “Forfeiture aside, section 610(b) of the Act did not apply to these proceedings *461 *722 because, by its own terms, section 610(b) of the Act provides, in relevant part, "[i]n a proceeding involving the application of this Section , a minor or incapacitated child must be…”
— 750 ILCS 46/610(a) — 1 case
In re A.S., 2020 IL App (1st) 200616 (Ill. App. Ct. 2020). “750 ILCS 46/610(a) (West.Supp. 2017). ¶ 43 It is presumed to be equitable and in the best interests of the child to grant a motion by the child (represented by a guardian ad litem or attorney) seeking an order for genetic testing.”
— 750 ILCS 46/610(b) — 1 case
In re Marriage of Sparks, 2018 IL App (1st) 180932 (Ill. App. Ct. 2018). “Forfeiture aside, section 610(b) of the Act did not apply to these proceedings *461 *722 because, by its own terms, section 610(b) of the Act provides, in relevant part, "[i]n a proceeding involving the application of this Section , a minor or incapacitated child must be…”
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