Legal Question in Family Law in Illinois

My relationship with my ex-girlfriend ended around January of 2009. There has been no contact for 9 months. I was told by a friend sometime in the first week of November, 2009, that she had given birth to a boy. I called her after not speaking to her for 9 months to inquire. She told me that she had a "procedure" done, that the child is not mine, that she had a premature birth, and that nothing else is my business. I attempted to question her further on it. She became very upset, told me to never call again and hung up the phone. She obviously wants me to have nothing to do with it, which most guys would be thrilled about. I also know that there's a good chance that what she told me is true, that she indeed did have some type of procedure (in vitro). However, I also feel that there is a small chance that she may not be telling me the truth, and that the child might be mine. It's been about a month and a half now since that phone call to her. There's been no contact, and I can't call her again. I don't know what I should do. It bothers me that there's a slight chance that the child could be mine. If it is, it would be my duty to support the child, and play a part in his life. If what she said is true, on the other hand, I'd feel awful to keep prying into her life. Any advice would be very much appreciated.


Asked on 12/18/09, 4:13 pm

1 Answer from Attorneys

Sue Roberts-Kurpis, Esq. Law Office of Sue Roberts-Kurpis

The only thing you can do is file a Petition to Establish Parentage with respect to the child and ask the court that she and the child be ordered to submit to DNA testing. Ask yourself if you would feel any worse about getting into her "business" two years from now when she decides to sue you for retroactive support and you're meeting your child (maybe) for the first time. If the child is not yours, she shouldn't have a problem submitting to the DNA testing provided that you pay for it which is probably what her attorney will ask the court for

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Answered on 12/23/09, 6:04 pm


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