This text of Illinois § 622 is published on Counsel Stack Legal Research, covering Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Allocation of parental responsibilities or parenting time prohibited to persons who conceive a child through sexual assault or sexual abuse.
(a)This Section applies to a person who has been found to be the parent of a child under this Act and who:
(1)has been convicted of or who has pled guilty or nolo contendere to a violation of Section 11-1.20 (criminal sexual assault), Section 11-1.30 (aggravated criminal sexual assault), Section 11-1.40 (predatory criminal sexual assault of a child), Section 11-1.50 (criminal sexual abuse), Section 11-1.60 (aggravated criminal sexual abuse), Section 11-11 (sexual relations within families), Section 12-13 (criminal sexual assault), Section 12-14 (aggravated criminal sexual assault), Section 12-14.1 (predatory criminal sexual assault of a child), Sect
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Allocation of parental responsibilities or parenting time prohibited to persons who conceive a child through sexual assault or sexual abuse. (a) This Section applies to a person who has been found to be the parent of a child under this Act and who: (1) has been convicted of or who has pled guilty or nolo contendere to a violation of Section 11-1.20 (criminal sexual assault), Section 11-1.30 (aggravated criminal sexual assault), Section 11-1.40 (predatory criminal sexual assault of a child), Section 11-1.50 (criminal sexual abuse), Section 11-1.60 (aggravated criminal sexual abuse), Section 11-11 (sexual relations within families), Section 12-13 (criminal sexual assault), Section 12-14 (aggravated criminal sexual assault), Section 12-14.1 (predatory criminal sexual assault of a child), Section 12-15 (criminal sexual abuse), or Section 12-16 (aggravated criminal sexual abuse) of the Criminal Code of 1961 or the Criminal Code of 2012, or a similar statute in another jurisdiction, for conduct in paragraph (1) of this subsection in conceiving that child; or (2) at a fact-finding hearing, is found by clear and convincing evidence to have committed an act of non-consensual sexual penetration for his conduct in fathering that child. (b) A person described in subsection (a) shall not be entitled to an allocation of any parental responsibilities or parenting time with that child without the consent of the woman or person who gave birth to the child or the child's guardian. If the person described in subsection (a) is also the guardian of the child, the person does not have the authority to consent to parenting time or the allocation of parental responsibilities under this Section. If the woman or person who gave birth to the child is a minor, and the person described in subsection (a) is also the parent or guardian of the woman or person who gave birth to the child, then the person does not have the authority to consent to the allocation of parental responsibilities or parenting time. (c) Notwithstanding any other provision of this Act, nothing in this Section shall be construed to relieve the parent described in subsection (a) of any support and maintenance obligations to the child under this Act. The woman or person who gave birth to the child or the child's guardian may decline support and maintenance obligations from the parent. (d) Notwithstanding any other provision of law, the parent described in subsection (a) of this Section is not entitled to any inheritance or other rights from the child without the consent of the woman or person who gave birth to the child or the child's guardian. (e) Notwithstanding any provision of the Illinois Marriage and Dissolution of Marriage Act, the parent, grandparent, great-grandparent, or sibling of the person described in subsection (a) of this Section does not have standing to bring an action requesting the allocation of parental responsibilities or parenting time with the child without the consent of the woman or person who gave birth to the child or the child's guardian. (f) A petition under this Section may be filed by the woman or person who gave birth to the child or the child's guardian either as an affirmative petition in circuit court or as an affirmative defense in any proceeding filed by the person described in subsection (a) of this Section regarding the child.