Who the Law Presumes Is a Parent
750 ILCS 46/204 — the spouse at birth, or within 300 days after the marriage ends
- The person was married to, or in a civil union with, the person who gave birth, and the child was born during it.
- The child was born within 300 days after that marriage or civil union ended by death, invalidity, dissolution, or legal separation.
- The two married or entered a civil union before the birth, even an invalid one, and the child was born during it or within 300 days after.
- They married after the birth, and the person is named on the birth certificate with their written consent.
Who handles this in Illinois: legal aid programs, lawyer referral and the state offices, listed in the Illinois directory.
A person is presumed to be a parent of a child in any of those circumstances. Where 2 or more presumptions conflict, the one founded on the weightier considerations of policy and logic, especially the child's best interests, controls.
Sources for this section (1)
- 750 ILCS 46/204 — Presumption of parentage
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Illinois attorney.