WAG 03-05-01-a: Father of Child Born Out of Wedlock/Civil Union

Verify that the father of a child born out of wedlock or out of a civil union is the child's legal father as follows:

Court Ordered Establishment of Paternity (Adjudication)

  • Adjudication of Paternity (Form 3148) centrally sent to the Family Community Resource Center by the Division of Child Support Services (DCSS), shows the date paternity was established. File the form in Section #3 of the case record;
  • Key Information Delivery System (KIDS) shows the date paternity was established;
  • A copy of the court order establishing paternity, including the court docket number and the date (file in Section #3 of the case record); or
  • As a last resort, the Financial Recovery Coordinator (FRC) can contact DCSS to verify paternity.

Acknowledgment of Paternity in Court

A copy of court documents showing where the father acknowledged paternity in open court. File a copy in Section #3 of the case record. 

Voluntary Acknowledgment of Paternity

When Form 3416B is signed by both the mother and father and properly witnessed, paternity is established (see WAG 24-03-02-a). 

Legal Presumption of Paternity

New TextPaternity is established for a child born in Illinois when the father's name is listed on the official birth certificate from the Department of Public Health, Bureau of Vital Statistics.  Use the IDPH query in the KIDS system to verify a child's Illinois birth. 

A legal presumption of paternity exists when it is verified that the alleged father married the child's natural mother after the child's birth and he is named as father on the child's birth certificate filed with the State's Bureau of Vital Statistics (the official State record of birth). 

New textIf the client does not have a copy of an official out of state birth certificate, contact the appropriate state agency to obtain one.  A listing of appropriate state agencies can be found at http://www.cdc.gov/nchs/w2w.htm. Follow the instructions provided by the state.  If they charge a fee, contact the state agency and ask them to waive it.  If they will not waive the fee, contact DHS.PolicyDevelopment@illinois.gov

NOTE: A hospital certificate is not acceptable proof of legal presumption of paternity.