Mother requested that the Court enter an order declaring the non-existence of a parental relationship. She had informed the court and her guardian ad litem that the Man might not be the minor child’s biological father.
The Man argued that because Mother’s petition was not timely. He argued that Mother had become aware of this possibility when the child was 10. Mother did not petition the court until the child was 13.
The Illinois Parentage Act requires that the proceedings be brought within 2 years of when the petitioner knew or should have known about the facts that support the petition. Even though the Act allows for an action to be brought by a child, a child cannot bring a petition on their own until they are 18. Or unless they are represented by another party entitled to bring legal proceedings on their behalf.
Therefore, the petition was not untimely because the minor did not have the legal capacity to bring a petition until she was appointed a guardian ad litem.
In re Grace C., 2019 IL App (1st) 190875 (October 15, 2019).
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