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IN RE MARRIAGE OF KATES

No. 90732.

761 N.E.2d 153 (2001)

198 Ill.2d 156

260 Ill.Dec. 309

In re MARRIAGE OF Mark E. KATES, Appellant, and Ann M. Kates, Appellee.

Supreme Court of Illinois.

November 21, 2001.

Attorney(s) appearing for the Case

James W. Johnson, of Johnson, Stricklin, Waller & Chiligiris, Decatur (Jessica Stricklin, of counsel), for appellant.

James E. Ryan, Attorney General, Springfield (Joel D. Bertocchi, Solicitor General, and Diane M. Potts, Assistant Attorney General, Chicago, of counsel), for appellee.

Justice McMORROW delivered the opinion of the court:

The central issue in this appeal is whether, under section 7(b-5) of the Illinois Parentage Act of 1984 (Parentage Act) (750 ILCS 45/7(b-5) (West 2000)), deoxyribonucleic acid (DNA) test results disproving paternity are a condition precedent to the filing of an action to declare the nonexistence of the parent and child relationship. The appellate court held that such test results are a condition precedent to the...

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