NEGLIGENT PATERNITY TEST

Illinois General Assembly - Full Text of HB4498

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4498

Introduced 1/20/2026, by Rep. Jay Hoffman

SYNOPSIS AS INTRODUCED:

New Act
735 ILCS 5/13-228 new

Creates the Negligent Testing for Paternity Act. Creates a civil
cause of action if an entity negligently performs genetic testing for
paternity. Authorizes the aggrieved person to recover actual damages,
including, but not limited to, emotional distress. Amends the Code of
Civil Procedure. Creates a statute of limitation of two years from the date
when the person knew or should have reasonably known of the negligence.
Applies to all conduct occurring on or after January 1, 1980. Effective
immediately.
LRB104 17484 JRC 30910 b

A BILL FOR

HB4498
LRB104 17484 JRC 30910 b
1

AN ACT concerning civil law.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 1.
Short title.
This Act may be cited as the
5
Negligent Testing for Paternity Act.

6

Section 5.
Cause of action.
7

(a) A civil cause of action is created for negligent
8
genetic testing for paternity. Any person who was the subject
9
of negligent genetic testing for paternity that resulted in an
10
incorrect determination or report regarding biological
11
paternity may bring an action under this Act against any
12
person or persons who negligently performed, processed,
13
handled, analyzed, reported, or interpreted the genetic
14
paternity testing. A person who is entitled to file an action
15
under this Act may recover actual damages, to include, but not
16
be limited to, emotional distress, loss of consortium, loss of
17
relationship, loss of companionship, loss of parent-child
18
society, economic losses, reasonable attorney's fees and
19
costs, including expert witness fees and other litigation
20
expenses.
21

(b) In cases in which the defendant's conduct demonstrated
22
a reckless disregard for the accuracy of genetic testing
23
results, a punitive damages may be awarded in accordance with

HB4498
- 2 -
LRB104 17484 JRC 30910 b
1
Illinois law.

2

Section 10.
No immunity for private for-profit paternity
3
testing laboratories.
4

(a) If a private for-profit laboratory or testing facility
5
has a contract with the State to perform genetic testing for
6
paternity as part of a paternity proceeding by the State, it
7
may not claim or assert the common law defense of
8
quasi-judicial immunity in an action against it under this Act
9
for negligence because it is performing a professional
10
laboratory service that is not a judicial function.
11

(b) This Section does not affect the immunity of State
12
employees or agencies under the State Lawsuit Immunity Act or
13
the Illinois Local Governmental and Governmental Employees
14
Tort Immunity Act.
15

(c) This Section does not affect the ability of private
16
for-profit laboratories or testing facilities to assert any
17
immunity defenses that may be applicable in cases that do not
18
arise under this Act.

19

Section 95.
Severability.
If any provision of this Act or
20
its application to any person or circumstance is held invalid,
21
the invalidity of that provision or application does not
22
affect other provisions or applications of this Act that can
23
be given effect without the invalid provision or application.

HB4498
- 3 -
LRB104 17484 JRC 30910 b
1

Section 97.
Retroactive application.
This Act applies to
2
all conduct occurring on or after January 1, 1980.

3

Section 900.
The Code of Civil Procedure is amended by
4
adding Section 13-228 as follows:

5

(735 ILCS 5/13-228 new)
6

Sec. 13-228.
Negligent genetic testing.
A person who
7
pursues an action under the Negligent Testing for Paternity
8
Act must file an action within 2 years from the date that the
9
person knew or reasonably should have known of the negligence
10
or within 2 years of the date the person who was the subject of
11
any prior incorrect determination of biological paternity
12
receive any subsequent genetic paternity testing
13
determinations from an accredited lab that report different
14
biological paternity between the same person, whichever is
15
later.

16

Section 999.
Effective date.
This Act takes effect upon
17
becoming law.

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