Notwithstanding any other provision of the law, an action for fertility fraud under the Illinois Fertility Fraud Act must be commenced within the later of 20 years, if brought under Section 15 of the Illinois Fertility Fraud Act, or 8 years, if brought under Section 20 of the Illinois Fertility Fraud Act, after:
13-215.1.Fertility fraud limitation.
Article XIII. Limitations · Part 2. Personal Actions · Last amended 2024 · Last verified July 20, 2026
In one sentenceFertility fraud claims under the Illinois Fertility Fraud Act must be filed within the later of 20 years or 8 years, depending on which section of that Act the claim is brought under, counted from any of five listed triggering events.
Full Text of 735 ILCS 5/13-215.1
(1) the procedure was performed; (2) the 18th birthday of the child; (3) the person first discovers evidence sufficient to bring an action against the defendant through DNA (deoxyribonucleic acid) analysis; (4) the person first becomes aware of the existence of a record that provides evidence sufficient to bring an action against the defendant; or (5) the defendant confesses to the offense.
Plain-English Summary
This section sets the deadline for civil claims under the Illinois Fertility Fraud Act. The action must be commenced within the later of 20 years, if brought under Section 15 of that Act, or 8 years, if brought under Section 20 of that Act, after any of five listed events: the fertility procedure was performed; the child's 18th birthday; the person's first discovery, through DNA analysis, of evidence sufficient to bring an action against the defendant; the person's first awareness of a record providing evidence sufficient to bring an action; or the defendant's confession to the offense.
By tying the deadline to the later of two different periods, and offering five separate triggering events, the section gives a plaintiff several possible starting points for the clock, rather than a single fixed date.
Frequently Asked Questions
How long do I have to sue for fertility fraud in Illinois?
The later of 20 years, for a Section 15 claim, or 8 years, for a Section 20 claim, after one of five listed triggering events.
What events can start the clock on a fertility fraud claim?
The procedure being performed, the child's 18th birthday, first discovery of sufficient DNA evidence, first awareness of a qualifying record, or the defendant's confession.
Does discovering the fraud through a DNA test change the deadline?
Yes. First discovering, through DNA analysis, evidence sufficient to bring an action is one of the listed triggering events.
Which Illinois Act governs the underlying fertility fraud claim?
The Illinois Fertility Fraud Act, specifically Section 15 or Section 20 of that Act.
Does a defendant's confession affect the deadline?
Yes. The defendant confessing to the offense is one of the five events the deadline can run from.
Amendment History
(Source: P.A. 103-478, eff. 1-1-24.)
Source & verification. Section text and amendment history are
reproduced verbatim from the Illinois Compiled Statutes, published by the
Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026.
· Official source
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