Bill No.: SF0137                     Drafter:  JHR

 

LSO No.:   05LSO-0563                 Effective Date:  7/1/2005

 

Enrolled Act No.:    SEA0056

 

Chapter No.:         118

 

Prime Sponsor:       Senator Ross

 

Catch Title:         Disestablishment of paternity.

 

Subject:  Provides procedures for the disestablishment of paternity as specified.

 

Summary/Major Elements:

·         Under current law, an acknowledged or adjudicated father may contest his paternity within 2 years of the acknowledgment or adjudication under specified circumstances.

 

·         This bill:

·         Allows a challenge to an adjudication of paternity if no genetic testing was performed at the time of an adjudication and the petition is filed within 2 years of adjudication or acknowledgment or after the petitioner knew or should have known that the paternity of the child is at issue, whichever is earlier, if subsequent genetic testing proves that the adjudicated father is not the biological father of the child;

·         Specifies that a paternity determination in a foreign jurisdiction, or where genetic testing was done and the results do not exclude the alleged father, may not be challenged;

·         Specifies procedures for a petition for disestablishment of paternity and for payment of related costs;

·         Requires the court to appoint a guardian ad litem and specifies the factors the court shall consider in determining the best interests of the child in the matter;

·        Allows the court to dismiss the action even if the genetic testing excludes the adjudicated father as the biological father if dismissal of the action is in the best interests of the child and if other specified conditions are present;

·         Allows the court to order genetic testing and to grant relief upon a finding that the relief is in the best interests of the child, the genetic testing upon which the relief is granted was properly conducted, the adjudicated father has not adopted the child, the child is not a child whose paternity is a result of assisted reproduction and the adjudicated father did not act to prevent the biological father from asserting his paternal rights;

·         Allows the court to enter an order providing that the adjudicated father is not the biological father, terminating his paternal responsibilities, requiring that the birth certificate of the child be amended, providing that the adjudicated father is still responsible for child support due or owing prior to the entry of the order, and providing that the adjudicated father has no right of reimbursement of past child support paid by him;

·         Limits the participation of DFS as specified;

·         Allows a man presumed to be the father without adjudication of paternity to petition for an adjudication of paternity.