September 24, 2004

Law - Documents trump DNA in Illinois paternity suit

An AP story today in the Munster Times reports:

SPRINGFIELD (AP) -- Documents trump DNA when it comes to deciding a child's legal father, the Illinois Supreme Court ruled Thursday.

The court held that a man who signed a paternity agreement saying he fathered a baby cannot challenge the document now, even though DNA tests prove he isn't the biological father. The agreement can be challenged if it was obtained through fraud or duress but not because it is simply wrong, the court said.

The Illinois Supreme Court decision is THE PEOPLE ex rel. THE DEPARTMENT OF PUBLIC AID v. ROMEL C. SMITH. Access it here.

Posted by Marcia Oddi at September 24, 2004 09:29 AM