Illinois § 610

§ 610.

Authority to deny motion for genetic testing. (a) In a proceeding in which the parentage of a child having a presumed, acknowledged, or adjudicated parent is at issue, the court may deny a motion by a parent, presumed parent, acknowledged parent, adjudicated parent, alleged parent, or the child seeking an order for genetic testing of the parents and child if the court determines that: (1) the conduct of the parent, acknowledged parent, adjudicated parent, or the presumed parent estops that party from denying parentage; (2) it would be inequitable to disprove the parent-child relationship between the child and the presumed, acknowledged, or adjudicated parent; and (3) it is in the child's best interests to deny genetic testing, 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 he or she 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 his or her possible nonparentage; (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 any 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. It shall be presumed to be equitable and in the best interests of the child to grant a motion by the child seeking an order for genetic testing. The presumption may be overcome by clear and convincing evidence that extraordinary circumstances exist making the genetic testing contrary to the child's best interests. The court's order denying a child's request for genetic testing must state the basis upon which the presumption was overcome. The court's order granting a child's request for genetic testing must specify the ways in which the testing results may be used for purposes of protecting the child's best interests. (c) If the court denies a motion seeking an order for genetic testing, it shall issue an order adjudicating the presumed parent to be the parent of the child. (Source: P.A. 99-85, eff. 1-1-16; 99-769, eff. 1-1-17.)