What is a VAP and Do I Need One?

Establishing legal parental rights – known as parentage or sometimes paternity – is a critical step for unmarried parents in Illinois who want to ensure legal rights and responsibilities for both the child and the father/non-birthing parent. In Illinois, one of the most common tools used in this process is the Voluntary Acknowledgment of Paternity, or VAP. But what exactly is a VAP, and when should you sign one?

What Is a Voluntary Acknowledgment of Paternity?

In Illinois, a Voluntary Acknowledgment of Paternity is a legal form that unmarried parents can sign to establish the child’s legal biological parent without having to go to court. By signing a VAP, both parents are stating, under penalty of perjury, that the person listed on the form is the biological parent of the child.

Once properly completed and filed with the Illinois Department of Healthcare and Family Services, a VAP has the same legal effect as a court order establishing paternity. This means the father’s/second parent’s name can be added to the birth certificate, and both parents can pursue custody, visitation, and child support rights.

Basic Rules for VAPs in Illinois

Here are some important things to know about VAPs in Illinois:

• Both parents must sign the form in front of a witness (not each other). The witness must be at least 18 years old.
• A VAP can be signed at the hospital when the child is born, or later at a local child support office, county clerk’s office, or other authorized location.
• Once a VAP is signed and filed, it can be rescinded (cancelled) within 60 days—or before a court proceeding involving the child begins, whichever comes first.
• After the 60-day rescission window, the VAP can only be challenged in court under very limited circumstances, such as fraud or duress.

When Would Someone Need to Sign a VAP?

You might need to sign a VAP if:

• You are an unmarried mother who wants to establish the child’s legal father.
• You are an unmarried father who wants to be recognized as the legal parent and have your name added to the child’s birth certificate.
• Both parents agree on paternity and want to avoid a court process.
• You need to establish paternity in order to obtain or enforce custody, visitation, or child support rights.

Keep in mind that if the mother is married to someone else when the child is born (or was married within 300 days before birth), that spouse is presumed to be the legal parent. In such cases, additional steps must be taken, including signing a Denial of Paternity by the presumed father, along with the VAP by the biological parents.

Do LGBTQ Parents Need a VAP?

VAPs have long been part of the legal landscape for different-sex couples. Every state is required to offer a process through which an unmarried father can formally recognize his parental rights. Historically, though, these acknowledgments were limited to different-sex couples. That began to change in 2017, as more states started revising their policies to include same-sex couples, including those who build their families through assisted reproduction. Currently, twelve (12) states across the US allow same-sex couples to use VAPs to establish legal parentage, explicitly stating that non-genetic parents can acknowledge legal parentage of the child and not legal paternity of the child. In these states the VAP is known as a Voluntary Acknowledgement of Parentage. Illinois does not yet grant same-sex couples the ability to establish legal parentage through a VAP. Instead, same-sex couples must either 1) rely on the legal presumption that the person married to the birth-parent is the child’s second legal parent or 2) formally adopt the child through a Second Parent Adoption. If you are an LGBTQ parent looking to formalize your legal parental rights, contact us about our LGBTQ Family Law services!

Final Thoughts

Signing a VAP is a serious legal step with long-term consequences. It can provide clarity and legal security for the child, as well as rights and responsibilities for both parents. However, because it creates legal obligations, it’s important that both parents fully understand what they are agreeing to.

If you’re considering signing a VAP—or if you’ve already signed one and have questions—it’s a good idea to consult an experienced, knowledgeable family law attorney. O. Long Law, LLC can help you understand your rights, your options, and the best path forward for your family. Contact us today to schedule a consultation.