PEOPLE EX REL. DEPT. OF PUBLIC AID v. SMITH

No. 97120.

818 N.E.2d 1204 (2004)

212 Ill.2d 389

289 Ill.Dec. 1

The PEOPLE ex rel. The DEPARTMENT OF PUBLIC AID, Appellant, v. Romel C. SMITH, Appellee.

Supreme Court of Illinois.

Rehearing Denied November 22, 2004.


Attorney(s) appearing for the Case

Lisa Madigan, Attorney General, Springfield (Gary Feinerman, Solicitor General, Diane M. Potts, Assistant Attorney General, Chicago, of counsel), for appellant.

Jeffrey S. Harris, G. Paul McFarling, of Attorneys Serving You, L.L.C., Maywood, for appellee.


Justice THOMAS delivered the opinion of the court:

At issue is whether a man who signs a voluntary acknowledgment of paternity can later seek to undo the acknowledgment on the basis of DNA test results. We hold that he cannot.

BACKGROUND

On October 9, 1997, Valerie Dawson gave birth to Kendra Smith. Dawson and respondent, Romel Smith, executed a voluntary acknowledgment of paternity two days later. By executing this form, respondent became Kendra...

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