Paternity is a term used to describe the relationship between a father and his child. Legal paternity is established by law, and it gives a mother the right to seek child support from her child's father. Additionally, a father then has the right to seek custody and visitation.
In Illinois, when a married woman gives birth, her husband is the baby’s father. Or, if a mother is married at the time of conception, her ex-husband is assumed to be the child’s father. In both scenarios, a husband or ex-husband’s name is placed on a birth certificate and is therefore considered a baby’s legal father.
However, when a mother is not married at the time she gives birth, a father is not automatically considered a legal father — even if the couple is in a long-term relationship and there is no doubt the man is the child’s father. In these scenarios, a father must first establish paternity in order to become a child’s legal father and have his name placed on the birth certificate.
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