What Is A Voluntary Acknowledgment Of Paternity (VAP) In Illinois?
As afamily law attorney in Schaumburg, I often meet parents who are unsure how legal paternity is established when a child is born outside of marriage. In Illinois, one of the most common and straightforward ways to establish paternity is through a document known as the Voluntary Acknowledgment of Paternity, or VAP. This form is a legally binding declaration signed by both the mother and the alleged father stating that he is the biological father of the child. While it may sound simple, signing a VAP carries significant legal consequences under Illinois law, and it’s important to understand what it means before putting your signature on it.
In Illinois, paternity affects child support, custody, visitation, inheritance, and many other legal rights. Once a VAP is signed and properly filed, it has the same legal effect as a court order of paternity. That means it can establish child support obligations immediately and confer rights related to parental decision-making and parenting time. However, it can also create challenges if either parent later disputes paternity. Understanding how this document works and how it interacts with Illinois family law statutes is critical for protecting your parental rights and avoiding costly mistakes.
Illinois Voluntary Acknowledgment of Paternity: Legal Basis Explained
Under the Illinois Parentage Act of 2015 (750 ILCS 46/), a man is legally presumed to be the father of a child if he is married to the mother when the child is born or within 300 days after the marriage ends. However, when the parents are not married, paternity must be established either voluntarily or through a court proceeding. A Voluntary Acknowledgment of Paternity is governed by 750 ILCS 46/305 and allows both parents to affirm parentage without having to go through the courts.
When both parents sign the VAP, it becomes effective immediately once filed with the Illinois Department of Healthcare and Family Services (HFS). The state provides the form in hospitals, local registrar offices, child support offices, and on the HFS website. It must be witnessed and signed freely, without coercion or fraud. Once accepted, the father’s name can be added to the birth certificate, and he becomes the child’s legal parent.
Importantly, the VAP carries the same legal weight as a judicial order of paternity. That means child support can be established and enforced, and both parents can later seek parenting time or parental responsibility through the courts. However, once signed, it can only be rescinded within 60 days unless fraud, duress, or a material mistake of fact can be proven.
The Legal Ramifications Of Signing A VAP In Illinois
By signing a VAP, both parents are entering into a binding legal agreement with significant consequences. For the father, this means assuming all legal rights and responsibilities of parenthood, including financial support, medical coverage, and potential custody or parenting time. For the mother, it can streamline child support enforcement and allow her to pursue financial contributions without additional court proceedings.
Under 750 ILCS 46/305(b), a VAP “shall have the same force and effect as a judicial determination of paternity.” This means that once the acknowledgment is signed and filed, the state presumes paternity to be legally established. If either parent later disputes the acknowledgment, it becomes much more difficult to overturn. A challenge after the 60-day rescission period must be filed in court and supported by clear and convincing evidence that the acknowledgment was obtained through fraud or error.
This is why I always advise clients to think carefully before signing a VAP. If there is any uncertainty about biological parentage, it is wise to request a genetic test before signing. Once paternity is legally established, it cannot be undone simply because the relationship between the parents changes.
Rescinding Or Challenging A Voluntary Acknowledgment Of Paternity
Illinois law provides a limited timeframe for parents who wish to rescind a VAP. Under 750 ILCS 46/307, either parent or the child may file a Rescission of Voluntary Acknowledgment of Paternity within 60 days of the date the acknowledgment was signed, or before the first court proceeding related to the child, whichever occurs first. After that, a VAP can only be challenged in court on the basis of fraud, duress, or a material mistake of fact.
If a man later learns he is not the biological father but has already signed a VAP and missed the rescission deadline, he must file a petition with the court to vacate the acknowledgment. The court may order DNA testing, but until the acknowledgment is legally vacated, he remains the child’s legal father for all purposes, including child support. This is one of the most common and emotionally charged issues I see in Illinois family courts.
Courts generally prioritize the child’s best interests when reviewing these challenges. Even if DNA testing later disproves biological paternity, a judge may be reluctant to undo an existing legal relationship if the child has an established bond with the acknowledged father. This underscores why it’s critical to obtain legal advice before signing a VAP or attempting to challenge one.
How Paternity Affects Custody, Parenting Time, And Support
Once paternity is established through a VAP or court order, both parents gain rights and responsibilities under 750 ILCS 5/600, part of the Illinois Marriage and Dissolution of Marriage Act (IMDMA). The father can then petition the court for parenting time or parental decision-making, while the mother can seek child support. The child also gains rights such as inheritance, access to family medical history, and eligibility for benefits from both parents.
However, signing a VAP does not automatically grant custody or parenting time. Those rights must still be established through a separate court order. In my practice, I often assist fathers who have signed a VAP but need help securing visitation or custody arrangements. Similarly, I represent mothers who need to enforce support obligations after paternity has been established.
Why Legal Guidance Matters Before Signing A VAP
The VAP process may seem like a simple formality, but it carries lifelong consequences. Once a man’s name is legally added to the birth certificate, the law treats him as the child’s father regardless of future disputes. That’s why consulting an Illinois family law attorney before signing—or if you wish to rescind—can prevent significant hardship later.
As a Schaumburg divorce and family lawyer, I help clients evaluate whether a VAP is appropriate, assist with rescission filings, and represent them in paternity and custody proceedings. Understanding your rights before signing is always better than fighting to undo a legal acknowledgment later.
FAQs About Voluntary Acknowledgment Of Paternity In Illinois
Can A Voluntary Acknowledgment Of Paternity Be Canceled After 60 Days?
Once the 60-day rescission period has expired, a VAP can only be challenged in court under limited circumstances, such as fraud, duress, or material mistake of fact. This means you must provide strong evidence that you were misled, coerced, or made a significant factual error when signing. The court will weigh the evidence carefully, and even if DNA testing disproves paternity, the acknowledgment might not be vacated if doing so would harm the child’s best interests.
Does A VAP Automatically Grant Custody Rights To The Father?
No. A VAP establishes paternity but does not automatically grant custody or parenting time. The
father must still file a separate petition under the Illinois Marriage and Dissolution of Marriage Act to obtain those rights. Until the court issues an order, the mother retains primary parental responsibility by default.
Where Can I Sign A Voluntary Acknowledgment Of Paternity In Illinois?
Parents can sign the form at the hospital when the child is born, at the local registrar’s office, or later through the Illinois Department of Healthcare and Family Services. The form must be witnessed and submitted to HFS for it to take legal effect. Both parents must sign voluntarily, and any form of coercion could later be grounds for legal challenge.
What Happens If The Wrong Man Signs The VAP?
If a man who is not the biological father signs a VAP, he becomes the legal father once the form is filed. He will be responsible for child support and may need to go to court to contest the acknowledgment if he later learns the truth. This can be a difficult and time-sensitive process, which is why paternity testing before signing is always recommended.
Can The Mother Withdraw Her Signature After Filing A VAP?
Yes, the mother can file a rescission within 60 days, just as the father can. After that period, her ability to challenge the acknowledgment is limited to proving fraud, duress, or mistake. Courts are cautious when undoing a VAP since it directly impacts the legal relationship between parent and child.
How Does A VAP Affect Child Support In Illinois?
Once a VAP is filed, the father is legally responsible for providing child support, even if a formal court order has not yet been issued. The Illinois Department of Healthcare and Family Services can initiate administrative actions to enforce support based solely on the acknowledgment. This underscores why signing a VAP is not a casual decision—it triggers immediate and enforceable obligations.
Call The Law Office Of Fedor Kozlov Today
If you are considering signing a Voluntary Acknowledgment of Paternity or facing a dispute over one, I can help you understand your rights and protect your interests. Every situation is unique, and what appears to be a simple form can have lifelong legal and financial implications.
At the Law Office of Fedor Kozlov, we represent clients throughout Schaumburg, Chicago, and across Illinois in matters involving paternity, divorce, custody, and child support. Contact our Chicago paternity lawyer at the Law Office of Fedor by calling (847) 241-1299 to schedule a consultation.
