(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;
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Terms Used In Illinois Compiled Statutes 750 ILCS 46/610

  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • State: when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14

             (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.
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