ARTICLES

Custody of Unborn Children

Generally, Illinois courts will not exercise jurisdiction in cases brought by parents of unborn children. Sometimes, fathers of unborn but viable children have certain rights regarding a mother’s plan to abort the child.¹ Where a pregnant woman leaves Illinois prior to the birth of the child, the Illinois court may exercise jurisdiction once the child is born – whether or not the child is born in Illinois.² It is important, however, to have all the papers in order prior to the birth – a failure to do so could waive any claim to jurisdiction in Illinois.

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