Legal Question in Family Law in Illinois
I am not the father
Hello
I am 26 years old .After supporting a child for 17 months I just found out I am not the biological father after getting DNA tests done ( 0% probability ) and I have signed the VAP form at the hospital when it was handed to me right after I woke up .I was told to sign it not knowing what it was .The mother knows who the father is after telling me she did stuff behind my back and I have it on my phone saved that she did things behind my back and that she knows who the father is .
Quastion 1 : The mother (ex-girlfriend) says she is talking to her lawyer to get my name removed from the BC and get me removed from the VAP form ..Can she do that ???
QUESTION 2: Can I pursue any legal action or a lawsuit for a fraud ?? Im 100% sure she wanted to get pregnant with someone else after I always denied having kids with her since I didn't want to be with her in the near future .She brought a baby home telling me it was mine and after 4 months moved out and told me that I had to help her in supporting the baby .I kept on resisting and fighting until finally she admitted she did things behind my back .Can I sue for fraud ??? Please help on Question #1 and #2
1 Answer from Attorneys
Re: I am not the father
I have dealt with this issue before, and as strange as it may seem, Illinois says that signing a VAP creates a NON-rebuttable presumption that the man is the father. DNA cannot undo a VAP.