All Roll Calls
Yes: 452 • No: 227
IllinoisHB2568104th General Assembly (2025–2026)House
TRUST CODE-UNCLAIMED PROPERTY
Sponsored By: Tracy Katz Muhl (Democratic)
Became Law
judiciary - civilassignmentsexecutive
Your PRIA Score
Score Hidden
Personalized for You
How does this bill affect your finances?
Sign up for a PRIA Policy Scan to see your personalized alignment score for this bill and every other piece of legislation we track. We analyze your financial profile against policy provisions to show you exactly what matters to your wallet.
Bill Overview
Analyzed Economic Effects
12 provisions identified: 3 benefits, 1 costs, 8 mixed.
Fast parentage orders for surrogacy
For a valid gestational surrogacy, you can ask the court for a parentage judgment before, on, or after birth. File the signed agreement, a doctor’s certification, and lawyer certifications. If they meet the law, the court must issue the judgment within 30 days. The order names the intended parents, directs hospital and birth records, and impounds medical records. These cases follow Parentage Act venue rules, and the surrogacy rules apply to agreements made on or after January 1, 2017.
No parental rights after sexual assault
A person who conceived a child through certain sexual assaults cannot get custody or parenting time without the birth parent’s consent. A court can also make this finding after a hearing that proves non‑consensual sexual penetration. The person still owes child support, though the birth parent may refuse support in some cases. The law also blocks related inheritance and relatives’ parenting‑time claims without the birth parent’s consent.
Child support duties and court warnings
If you are a legal parent under this law, you must support the child. Breaking a surrogacy deal does not end support duties. A donor owes support only if they did not sign a valid rights‑relinquishing agreement and the intended parents agreed to take full responsibility. In parentage cases, the court summons must warn that missing court can lead to child support until at least age 18 and to paying pregnancy and delivery costs.
DNA testing rules for parentage cases
Courts and child support officers can order DNA testing of the child, the birth parent, and alleged parents. If results show a combined parentage index of 1,000:1 or more and 99.9% probability, that person is presumed a parent; exclusion ends the claim. If you refuse testing, the court can hold you in contempt and decide parentage against you. You may get your own testing, and courts can order relatives to test when a parent’s sample is not available. The person who asks for testing usually pays, but a public agency or the county pays for some indigent parties. The court can deny testing to protect a child’s best interests and may then name the presumed parent.
Gestational surrogacy rules and parentage at birth
Surrogates must be 21 or older, have given birth, pass medical and mental health checks, have their own lawyer, and have pregnancy insurance. Intended parents must be 21 or older, complete evaluations, have separate counsel, contribute at least one gamete, and show a doctor’s affidavit of infertility or medical need. Contracts must be written and signed before procedures, with separate counsel, and escrow any compensation before procedures. Any party may end the deal before embryo transfer by written notice; intended parents must cover the surrogate’s costs to that date. If written certifications from the surrogate (and spouse), each intended parent, a doctor, and both sides’ lawyers are completed before birth—on Health Department forms and sent to the hospital and the Department—the intended parents are the legal parents at birth (effective 1/13/2023). Marriage or divorce after signing does not change the agreement, and the Health Department can set evaluation rules. Courts cannot force a surrogate to undergo medical procedures, and intended parents still owe child support even if they breach.
Temporary support and court tools for families
If there is clear and convincing proof of parentage, the court must order temporary child support, including for a non‑minor child with a disability. The court can also set parenting time, responsibilities, and interim attorney fees. A judge can stop a move out of Illinois while parentage is decided, after weighing past involvement, likely parentage, impacts, and domestic‑violence evidence. You can start a parentage case before birth. Illinois circuit courts hear these cases (and can reach some nonresidents with Illinois ties), you can file where a party lives, and certain cases can start in any county. If the clerk mails a notice to a presumed parent for you, you pay a $1.50 fee; public agencies are exempt.
Fast confirmatory adoption for assisted births
There is a streamlined confirmatory adoption for children born through donor‑assisted reproduction or compliant surrogacy. The petition must include specific documents. Courts generally do not require home studies, background checks, a guardian ad litem, or in‑person hearings unless there is good cause. If the rules are met and no one else claims the child, the court must grant the adoption and issue a decree within 30 days.
Assisted reproduction: who is the parent
If you consent in writing to assisted reproduction with the intent to be a parent, you are the child’s legal parent. A donor is not a parent if there is a signed agreement with the donor’s independent lawyer where the donor gives up rights; courts can enter pre‑birth judgments that take effect at birth. You can withdraw consent any time before insemination or embryo transfer by written notice; then you are not a parent of a later‑conceived child. If an intended parent dies, they can still be named a parent if they agreed in writing (or clear proof shows intent), and the transfer happens within 36 months of death. If parents disagree about using embryos, the most recent clinic consent or a marital settlement controls.
Deadlines to challenge parentage
The law sets strict filing deadlines to challenge or undo parentage. You must file within 2 years after you knew or should have known the facts, and never after the child turns 18. A spouse of the birth parent has only 2 years from the child’s birth. An alleged father challenging a presumed parent also has 2 years, with extra time only for legal disability, duress, or fraud. Signatories must follow the Section 309 deadlines, and others have 2 years from the acknowledgment or court ruling. Challenges to a valid surrogacy or its parentage are barred after 12 months from birth. DNA testing can vacate some rulings when it proves non‑parentage, except in assisted reproduction cases; time can pause if someone refuses testing.
Rules for voluntary parentage and denials
A valid voluntary acknowledgment, signed under penalty of perjury and witnessed, acts like a court order and creates full parental rights and duties once filed. A presumed parent may file a denial only if another person’s acknowledgment is filed and the presumed parent has not already acknowledged or been adjudicated the parent. You can challenge an acknowledgment only for fraud, duress, or a material mistake, usually within two years. These acknowledgments, denials, and court judgments generally bind the people who signed or were parties, with limited rules on when a child is bound.
Who counts as a legal parent
The law spells out who is a legal parent. Parentage can be set by birth, marriage presumptions, a signed acknowledgment, a court ruling, adoption, consent to assisted reproduction, or a valid surrogacy. You are presumed a parent if a child is born during a marriage or civil union, or within 300 days after it ends, or if you later marry and are named on the birth certificate with written consent. Gamete donors are not parents. DNA tests cannot be used to make a donor a parent or to attack parentage set under assisted reproduction or compliant surrogacy. When a child already has a presumed or adjudicated parent, DNA results are allowed only with both parents’ consent or a court order. Most issues use a ‘more likely than not’ proof standard, but some claims need clear and convincing proof.
When these parentage rules apply
The law uses gender‑neutral rules for parents. It defines key terms like donor, intended parent, presumed parent, and probability of parentage. For cases that started before this law, the old law may apply; for cases started before January 1, 2016 with no judgment, this law applies to unresolved issues. Changes to Sections 301–305 start on January 1, 2026.
Sponsors & Cosponsors
Sponsor
Tracy Katz Muhl
Democratic • House
Cosponsors
Aarón M. Ortíz
Democratic • House
Adriane Johnson
Democratic • Senate
Amy Briel
Democratic • House
Ann M. Williams
Democratic • House
Anna Moeller
Democratic • House
Anne Stava
Democratic • House
Barbara Hernandez
Democratic • House
Bob Morgan
Democratic • House
Camille Y. Lilly
Democratic • House
Celina Villanueva
Democratic • Senate
Dagmara Avelar
Democratic • House
Daniel Didech
Democratic • House
David Koehler
Democratic • Senate
Diane Blair-Sherlock
Democratic • House
Don Harmon
Democratic • Senate
Edgar González, Jr.
Democratic • House
Elizabeth "Lisa" Hernandez
Democratic • House
Eva-Dina Delgado
Democratic • House
Graciela Guzmán
Democratic • Senate
Gregg Johnson
Democratic • House
Hoan Huynh
Democratic • House
Jaime M. Andrade, Jr.
Democratic • House
Jehan Gordon-Booth
Democratic • House
Jennifer Gong-Gershowitz
Democratic • House
Joyce Mason
Democratic • House
Kam Buckner
Democratic • House
Karina Villa
Democratic • Senate
Kelly M. Cassidy
Democratic • House
Kevin John Olickal
Democratic • House
Laura Faver Dias
Democratic • House
Laura Fine
Democratic • Senate
Lilian Jiménez
Democratic • House
Lindsey LaPointe
Democratic • House
Lisa Davis
Democratic • House
Marcus C. Evans, Jr.
Democratic • House
Margaret Croke
Democratic • House
Martha Deuter
Democratic • House
Mary Beth Canty
Democratic • House
Mary Edly-Allen
Democratic • Senate
Maura Hirschauer
Democratic • House
Michael Crawford
Democratic • House
Michael W. Halpin
Democratic • Senate
Michelle Mussman
Democratic • House
Mike Simmons
Democratic • Senate
Nicolle Grasse
Democratic • House
Norma Hernandez
Democratic • House
Robert Peters
Democratic • Senate
Robyn Gabel
Democratic • House
Sara Feigenholtz
Democratic • Senate
Sharon Chung
Democratic • House
Theresa Mah
Democratic • House
Will Guzzardi
Democratic • House
Roll Call Votes
Senate vote • 10/29/2025
Accept Amendatory Veto - Senate Passed
Yes: 38 • No: 16
House vote • 10/15/2025
Amendatory Veto Motion - Motion Prevailed
Yes: 74 • No: 38
House vote • 10/14/2025
Amendatory Veto Motion - Accept Motion Recommends Be Adopted Rules Committee;
Yes: 5 • No: 0
House vote • 5/31/2025
Senate Floor Amendment No. 2 House Concurs
Yes: 77 • No: 40
House vote • 5/31/2025
Senate Committee Amendment No. 1 House Concurs
Yes: 77 • No: 40
House vote • 5/30/2025
Senate Floor Amendment No. 2 Motion to Concur Recommends Be Adopted Judiciary - Civil Committee;
Yes: 13 • No: 7
House vote • 5/30/2025
Senate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Judiciary - Civil Committee;
Yes: 13 • No: 7
Senate vote • 5/29/2025
Third Reading - Passed;
Yes: 36 • No: 19
Senate vote • 5/28/2025
Senate Floor Amendment No. 2 Recommend Do Adopt Executive;
Yes: 9 • No: 4
Senate vote • 5/15/2025
Do Pass as Amended Executive;
Yes: 9 • No: 4
House vote • 4/10/2025
Third Reading - Short Debate - Passed
Yes: 75 • No: 38
House vote • 4/9/2025
House Floor Amendment No. 3 Recommends Be Adopted Judiciary - Civil Committee;
Yes: 13 • No: 7
House vote • 3/19/2025
Do Pass as Amended / Short Debate Judiciary - Civil Committee;
Yes: 13 • No: 7
Actions Timeline
Public Act . . . . . . . . . 104-0448
12/12/2025HouseEffective Date January 1, 2026; some provisions
12/12/2025HouseEffective Date December 12, 2025; some provisions
12/12/2025HouseGovernor Certifies Changes
12/12/2025HouseSent to the Governor
11/21/2025HouseBoth Houses Accepted Amendatory Veto
10/29/2025House3/5 Vote Required
10/29/2025SenateAccept Amendatory Veto - Senate Passed 038-016-000
10/29/2025SenateAmendatory Veto Motion - Approved for Consideration Assignments
10/28/2025SenateAmendatory Veto Motion - Motion Referred to Assignments
10/28/2025SenateAmendatory Veto Motion - Motion Filed Accept Amendatory Veto Sen. Don Harmon
10/28/2025SenatePlaced on Calendar Amendatory Veto October 28, 2025
10/15/2025SenateAmendatory Veto Motion - Motion Prevailed 074-038-000
10/15/2025House3/5 Vote Required
10/15/2025HouseAmendatory Veto Motion - Accept Motion Recommends Be Adopted Rules Committee; 005-000-000
10/14/2025HouseAmendatory Veto Motion - Motion Referred to Rules Committee
10/14/2025HouseAmendatory Veto Motion - Motion Filed Accept Amendatory Veto Rep. Tracy Katz Muhl
10/14/2025HousePlaced on Calendar Amendatory Veto
10/14/2025HouseGovernor Amendatory Veto
8/8/2025HouseSent to the Governor
6/9/2025HouseAdded Co-Sponsor Rep. Martha Deuter
5/31/2025HousePassed Both Houses
5/31/2025HouseHouse Concurs
5/31/2025HouseSenate Floor Amendment No. 2 House Concurs 077-040-000
5/31/2025HouseSenate Committee Amendment No. 1 House Concurs 077-040-000
5/31/2025House
Bill Text
Amendatory Veto Motion 001
Engrossed
Enrolled
House Amendment 1
House Amendment 2
House Amendment 3
Introduced
Re-Enrolled
Senate Amendment 1
Senate Amendment 2