What if My Partner Decides He Doesn’t Want Our Baby?

 Posted on March 24, 2026 in Paternity

Many couples in long-term relationships accidentally conceive, only to discover that one partner has cold feet about becoming a parent. When that partner is the father, this dynamic can lead to serious relationship issues, including breakups, abandonment, and even divorce. This can happen to anyone – even those who never suspected their husbands or boyfriends would walk out on them.

Not only can this shatter dreams of being a happy family, but not having an involved father has important legal implications for a child’s future. Fortunately, it is possible to establish legal paternity, even when a man refuses to play the role of father. Paternity affects child support, custody, a child’s right to insurance, and Social Security benefits. Maybe more importantly than anything else, it can affect your child’s sense of self.

If you are expecting a child and your partner has decided he doesn’t want to be a part of the child's life, you still have options for holding him responsible so you don’t have to raise your child alone, without the financial support you need. Even if your partner refuses, our St. Charles, IL family lawyer can take you through the steps needed to make sure a paternity test happens.

Why Would a Man Refuse a Paternity Test?

There are many reasons a man might refuse to take a paternity test. A man may not want to find out if he is – or isn’t – the father. Most commonly, however, he simply does not want to take on financial or legal responsibility for a child. Whatever the reason, a refusal isn’t the end of the road. Illinois courts can step in to determine paternity.

Can a Court in Illinois Order a Paternity Test?

Courts are allowed to order paternity testing; under the Illinois Parentage Act (750 ILCS 46), a court has the power to order genetic testing when paternity is in question. This applies whether the request comes from the mother, a man claiming or denying paternity, or even the state.

If you file a paternity action and the other party refuses to comply, the court has several options. A judge may:

• Hold the refusing party in contempt of court
• Infer that the refusal is because he knows the test would confirm paternity
• Enter a default judgment (a judgment without the other party’s input) establishing paternity if there is evidence that the man is the father

Contempt findings can result in fines or other penalties. Courts do not look favorably on parties who defy court orders, and refusal can affect other aspects of the case, including custody and support decisions. In some cases, a judge can declare someone the legal father based on his refusal to cooperate. Anyone putting up a fight against paternity testing should decide if this is a tradeoff they’re willing to make.

Can a Husband Ask for a Paternity Test to Prove the Baby Isn’t His? 

A man whose wife or girlfriend becomes pregnant with his child cannot decide he wants to walk away and end all support for that child by simply not being involved in the child's life. As long as he is the child’s legal father, Illinois law requires a man to support his child, even when he never wanted the child in the first place.

If a child is born to a married couple, the husband is presumed to be the legal father. A man in this situation who is not the father of a child needs a paternity test to rebut the legal presumption of his fatherhood.

If a man requests a paternity test for a situation where he is the presumed father, it’s almost certainly because he suspects that he was misled about who the baby’s real father is. A man who suspects he’s not the real parent of a child needs to file a petition with the court or submit a rescission form if he already signed a VAP. This needs to be done within 60 days of signing.

He may also request that a paternity test be done. Occasionally, however, a man learns that he is not his child’s father years after the child is born. In this situation, he will need to file a petition within two years of finding out (750 ILCS 46/608).

Any man wanting to challenge paternity will need very good evidence that he became the presumed parent because of "fraud," "duress," or a "material mistake of fact" under the Illinois Parentage Act. Doing this takes compelling evidence that he had no way of knowing that he wasn’t the parent.

Call a Kane County, IL Paternity Lawyer Today

If one party is being uncooperative about paternity testing, a St. Charles family law attorney can direct you to the next steps to take. Whether you are trying to establish paternity, challenge it, or protect your parental rights in 2026, you deserve attorneys who will be straightforward with you and make a strong case if needed. Call Weiler & Associates, P.C. at 630-331-9110 to speak with one of our lawyers today.