Paternity Case Package - Establishment of Paternity
Note: This summary is not intended to be an all
inclusive discussion of the law applicable to an action to establish Paternity
in the State of Hawaii, but does include basic and other provisions.
What is an action for "Paternity or Parentage"? An
action filed under the Uniform Parentage Act is called a "paternity" case.
The goal of a paternity case is to establish whether a person is or is
not a natural parent of a child and, if parentage is established, to determine
how the child will be parented and who should help pay for the support
of the child.
When may an action for Paternity be brought in Hawaii under the
Uniform Parentage Act? If any of the children was conceived
in Hawaii or any of the presumed or alleged fathers reside in Hawaii then
you may proceed under the UPA and all proceedings take place in the Hawaii
courts.
Where may an action for Paternity be filed in the State of Hawaii?
An action brought under the Hawaii Uniform Parentage Act may be brought
in the county in which the child resides, the mother resides, or the alleged
father resides or is found or, if the father is deceased, in which proceedings
for probate of his estate have been or could be commenced.
Who may bring an action or parentage? A child, or guardian
ad litem of the child, the child's natural mother, whether married or unmarried
at the time the child was conceived, or her personal representative or
parent if the mother has died; or a man alleged or alleging himself to
be the natural father, or his personal representative or parent if the
father has died; or a presumed father as defined in the Act, or his personal
representative or parent if the presumed father has died; or the child
support enforcement agency,may bring an action for the purpose of declaring
the existence or nonexistence of the father and child relationship.
Who represents the interests of the child(ren)? The
child may be made a party to the action and may be represented by the child's
general guardian or a guardian ad litem appointed by the court. The child's
mother or father shall not represent the child as guardian or otherwise.
Are there time limits to the filing of an action to establish
parentage? If the child is the subject of an adoption proceeding, the
action must be brought within thirty days after the date of the child's
birth in any case when the mother relinquishes the child for adoption during
the thirty-day period; or, any time prior to the date of execution by the
mother of a valid consent to the child's adoption, or prior to placement
of the child with adoptive parents. In all other cases, no later
than three years after the child reaches the age of majority.
What are the jurisdictional prerequisites to filing an action
for parentage in the Hawaii courts? The jurisdiction of the Hawaii
Family Court is very broad. Basically, A person who resides in the
State of Hawaii or has sexual intercourse in the State of Hawaii thereby
submits to the jurisdiction of the courts of the State of Hawaii as to
an action for paternity brought under this chapter with respect to a child
who
may have been conceived by that act of intercourse.
Under what circumstances are certain individuals "presumed" to
be the father of the minor child(ren)? A man is presumed to be
the natural father of a child if:
1. The child is born within 300 days of the termination
of a valid marriage or a marriage that was, in fact, invalid but the parties
were acting as though the marriage was valid.
2. After the child's birth, the father and the
child's natural mother have married, or attempted to marry, each other
by a marriage solemnized in apparent compliance with law, although the
attempted marriage is or could be declared invalid, and, either, (a) the
father acknowledged his paternity of the child in writing filed with the
department of health; or (b) with his consent, he is named as the child's
father on the child's birth certificate; or (c) the father is obligated
to support the child under a written voluntary promise or by court order;
or (d), while the child is under the age of majority, the alleged father
receives the child into his home and openly holds out the child as his
natural child; or (e), parentage is established by genetic testing; or
(f) the father executes a voluntary, written acknowledgment of paternity
of the child signed by him under oath which is filed with the department
of health.
If an action to determine parentage is filed, can the Petitioner
and custodial parent receive court ordered support prior to the actual
determination of parentage? Yes, in all contested paternity actions
where a presumption of paternity as defined in section 584-4 exists, upon
motion by a party, the court will order temporary support for the child
pending a judicial determination of parentage.
Will the parties be required to submit to genetic testing?
The court may, and upon request of a party, shall, require the child, mother,
or alleged father to submit to genetic tests, including blood tests. If
the requesting party is the mother or the alleged father, the court shall
require that the request be made pursuant to a sworn statement. The sworn
statement made by the party must either: (1) Allege paternity setting forth
facts establishing a reasonable possibility of the requisite sexual contact
between the parties; or (2) Deny paternity setting forth facts establishing
a reasonable possibility of the non-existence of sexual contact between
the parties.
Who performs the genetic tests? The laboratory performing
the testing shall be one approved by an accreditation body designated by
the United States Secretary of Health and Human Services.
If a man is determined to be the father of the child(ren), is
he obligated to support the child? He would then have the same
duty to support the minor child as he would and child he fathered where
the issue of parentage was not raised.
If an action to determine parentage is filed and it is determined
that a certain individual is the father of the minor child(ren) and that
determination contradicts the child's birth certificate will the birth
certificate be changed? Yes, upon the order of a court in Hawaii,
or any other state, a new birth certificate will be issued reflecting the
father as established in the court order.
Can this procedure be used to establish the mother - child relationship?
Yes, any interested party may bring an action to determine the existence
or nonexistence of a mother and child relationship.
Procedures:
The process for determining parentage in the State of Hawaii begins
with the filing of the Petition. The Respondent is then served with
a copy of the Petition and a Summons. The Summons informs the Respondent
of the action and includes an order directed to the alleged or presumed
father, the mother or both, requiring each to appear and to show cause
why the action should not be brought.
This Pretrial Hearing is informal and the public is barred. the
judge conducting the hearing will evaluate the probability of determining
the existence or nonexistence of the father and child relationship in a
trial and whether a judicial declaration of the relationship would be in
the best interest of the child. On the basis of the evaluation, an appropriate
recommendation for settlement shall be made to the parties, which may include
any of the following: (1) That the action be dismissed with or without
prejudice; (2) That the matter be compromised by an agreement among the
alleged father, the mother, and the child; (3) That the alleged father
voluntarily acknowledge his paternity of the child.
If a party refuses to accept one of the above recommendations and
genetic tests, including blood tests have not been taken, the court shall
require the parties to submit to genetic tests, if practicable. Thereafter
the judge shall make an appropriate final recommendation. If a party refuses
to accept the final recommendation, the action shall be set for trial.
2003 Hawaii Revised Statutes
Division 3. Property; Family
Title 31 Family
Chapter 584 Uniform Parentage Act
Parent and child relationship defined.
As used in this chapter, "parent and child relationship" includes
the legal relationship existing between a child and the child's natural
mother, between a child and father whose relationship as parent and child
is established under this chapter, or between a child and the child's adoptive
parents, incident to which the law confers or imposes rights, privileges,
duties, and obligations. §584-1
Relationship not dependent on marriage.
AAny parent and child relationship established under this chapter
extends to every such child and to every such parent, regardless of the
marital status of the parents. §584-2
How parent and child relationship established.
The parent and child relationship between a child and:
(1) The natural mother may be established by proof of her having
given birth to the child, or under this chapter;
(2) The natural father may be established under this chapter;
(3) An adoptive parent may be established by proof of adoption.
§584-3
Expedited process of paternity.
(a) To expedite the establishment of paternity, each public and
private birthing hospital or center and the department of health shall
provide unwed parents the opportunity to voluntarily acknowledge the paternity
of a child during the period immediately prior to or following the child's
birth. The voluntary acknowledgment of paternity shall be in writing and
shall consist of a single form signed under oath by both the natural mother
and the natural father and signed by a witness. The voluntary acknowledgment
of paternity form shall include the social security number of each parent.
Prior to the signing of the voluntary acknowledgment of paternity form,
designated staff members of such facilities shall provide to both the mother
and the alleged father, if he is present at the facility:
(1) Written materials regarding paternity establishment;
(2) Forms necessary to voluntarily acknowledge paternity; and
(3) Oral, video, or audio, and written descriptions of the alternatives
to, the legal consequences of, and the rights and responsibilities of acknowledging
paternity, including, if one parent is a minor, any right afforded due
to minority status.
The completed voluntary acknowledgment forms shall clearly identify
the name and position of the staff member who provides information to the
parents regarding paternity establishment. The provision by designated
staff members of the facility of the information required by this section
shall not constitute the unauthorized practice of law. Each facility shall
send to the department of health the original acknowledgment of paternity
containing the social security numbers, if available, of both parents,
with the information required by the department of health so that the birth
certificate issued includes the name of the legal father of the child,
which shall be promptly recorded by the department of health.
(b) The child support enforcement agency shall:
(1) Provide to any person or facility the necessary:
(A) Materials and forms and a written description of the
rights and responsibilities related to voluntary acknowledgment of paternity;
and
(B) Training, guidance, and written instructions regarding voluntary
acknowledgment of paternity;
(2) Annually assess each facility's paternity establishment program;
and
(3) Determine if a voluntary acknowledgment has been filed with
the department of health whenever it receives an application for paternity
establishment services.
(c) Notwithstanding sections 338-17.7 and 338-18(b), the department
of health shall disclose to the child support enforcement agency, upon
request, all voluntary acknowledgment of paternity forms on file with the
department of health.
(d) As used in this section:
"Agency" means the child support enforcement agency.
"Birthing center" means any facility outside a hospital that provides
maternity services.
"Birthing hospital" means any hospital with licensed obstetric-care
units, any hospital licensed to provide obstetric services, or any licensed
birthing center associated with a hospital.
"Facility" means a birthing hospital or a birthing center.
(e) The signed voluntary acknowledgment of paternity shall constitute
a legal finding of paternity, subject to the right of any signatory to
rescind the acknowledgment:
(1) Within sixty days of signature; or
(2) Before the date of an administrative or judicial proceeding
relating to the child, including a proceeding to establish a support order
to which the signatory is a party, whichever is sooner.
(f) Following the sixty-day period referred to in subsection (e), a
signed voluntary acknowledgment of paternity may be challenged in court
only on the basis of fraud, duress, or material mistake of fact, with the
burden of proof upon the challenger. The legal responsibilities of any
signatory arising from the acknowledgment, including child support obligations,
shall not be suspended during the challenge, except for good cause shown.
(g) The courts and office of child support hearings of this State
shall give full faith and credit to affidavits for the voluntary acknowledgment
of paternity signed in any other state and these affidavits shall constitute
legal findings of paternity subject to subsections (e) and (f).
(h) Judicial and administrative proceedings shall not be required
or permitted to ratify an unchallenged acknowledgment of paternity. §584-3.5
Presumption of paternity.
(a) A man is presumed to be the natural father of a child if:
(1) He and the child's natural mother are or have been
married to each other and the child is born during the marriage, or within
three hundred days after the marriage is terminated by death, annulment,
declaration of invalidity, or divorce, or after a decree of separation
is entered by a court;
(2) Before the child's birth, he and the child's natural mother
have attempted to marry each other by a marriage solemnized in apparent
compliance with law, although the attempted marriage is or could be declared
invalid, and:
(A) If the attempted marriage could be declared invalid
only by a court, the child is born during the attempted marriage, or within
three hundred days after its termination by death, annulment, declaration
of invalidity, or divorce; or
(B) If the attempted marriage is invalid without a court order,
the child is born within three hundred days after the termination of cohabitation;
(3) After the child's birth, he and the child's natural mother have
married, or attempted to marry, each other by a marriage solemnized in
apparent compliance with law, although the attempted marriage is or could
be declared invalid, and:
(A) He has acknowledged his paternity of the child in writing
filed with the department of health;
(B) With his consent, he is named as the child's father on the child's
birth certificate; or
(C) He is obligated to support the child under a written voluntary
promise or by court order;
(4) While the child is under the age of majority, he receives the child
into his home and openly holds out the child as his natural child;
(5) Pursuant to section 584-11, he submits to court ordered genetic
testing and the results, as stated in a report prepared by the testing
laboratory, do not exclude the possibility of his paternity of the child;
provided the testing used has a power of exclusion greater than 99.0 per
cent and a minimum combined paternity index of five hundred to one; or
(6) A voluntary, written acknowledgment of paternity of the child
signed by him under oath is filed with the department of health. The department
of health shall prepare a new certificate of birth for the child in accordance
with section 338-21. The voluntary acknowledgment of paternity by the presumed
father filed with the department of health pursuant to this paragraph shall
be the basis for establishing and enforcing a support obligation through
a judicial proceeding.
(b) A presumption under this section may be rebutted in an appropriate
action only by clear and convincing evidence. If two or more presumptions
arise which conflict with each other, the presumption which on the facts
is founded on the weightier considerations of policy and logic controls.
The presumption is rebutted by a court decree establishing paternity of
the child by another man. §584-4
§584-5 (Reserved)
Determination of father and child relationship; who may bring
action; when action may be brought; process, warrant, bond, etc.
(a) A child, or guardian ad litem of the child, the child's natural
mother, whether married or unmarried at the time the child was conceived,
or her personal representative or parent if the mother has died; or a man
alleged or alleging himself to be the natural father, or his personal representative
or parent if the father has died; or a presumed father as defined in section
584-4, or his personal representative or parent if the presumed father
has died; or the child support enforcement agency, may bring an action
for the purpose of declaring the existence or nonexistence of the father
and child relationship within the following time periods:
(1) If the child is the subject of an adoption proceeding,
(A) Within thirty days after the date of the child's birth
in any case when the mother relinquishes the child for adoption during
the thirty-day period; or
(B) Any time prior to the date of execution by the mother of a valid
consent to the child's adoption, or prior to placement of the child with
adoptive parents, but in no event later than three years after the child
reaches the age of majority; or
(2) If the child has not become the subject of an adoption proceeding,
within three years after the child reaches the age of majority; provided
that any period of time during which the man alleged or alleging himself
to be the natural father of the child is absent from the State or is openly
cohabitating with the mother of the child or is contributing to the support
of the child, shall not be computed.
(3) Section 584-6 shall not extend the time within which a right
of inheritance or a right to a succession may be asserted beyond the time
provided by law relating to distribution and closing of decedents' estates
or to the determination of heirship, or otherwise.
(4) A personal representative in this section 584-6 may be appointed
by the court upon a filing of an ex parte motion by one of the parties
entitled to file a paternity action. Probate requirements need not be met.
However, appointment of the personal representative in this section is
limited to representation in chapter 584 proceedings.
(b) When an action is brought under this section, process shall issue
in the form of a summons and an order directed to the alleged or presumed
father, the mother or both, requiring each to appear and to show cause
why the action should not be brought.
If, at any stage of the proceedings, there appears probable cause
to believe that the alleged or presumed father, the mother, or both, will
evade the service of process, or will fail to appear in response thereto,
or will flee the jurisdiction of the court, the court may issue a warrant
directed to the sheriff, deputy sheriff, or any police officer within the
circuit, requiring the alleged or presumed father, the mother, or both,
to be arrested and brought for pre-trial proceedings before the family
court. Upon such pre-trial proceedings, the court may require the alleged
or presumed father, the mother, or both, to enter into bond with good sureties
to the State in a sum to be fixed by the court for each person's appearance
and the trial of the proceeding in the family court. If the alleged or
presumed father, the mother, or both, fails to give the bond required,
the court may forthwith commit that person to the custody of the chief
of police of the county, there to remain until that person enters into
the required bond or otherwise is discharged by due process of law. If
the alleged or presumed father, the mother, or both, fails to appear in
any proceeding under this chapter, any bond for that person's appearance
shall be forfeited; but the trial of, or other proceedings in, the action
shall, nevertheless, proceed as though that person were present; and upon
the findings of the court it shall make such orders as it deems proper
as though that person were in court.
In case of forfeiture of any appearance bond, the money collected
upon the forfeiture shall be applied in payment of the judgment against
the parent whose parent-child relationship is established under this chapter.
(c) Regardless of its terms, an agreement, other than an agreement
approved by the court in accordance with section 584-13(b), between the
alleged or presumed father and the mother or child, shall not bar an action
under this section.
(d) If an action under this section is brought before the birth
of the child, all proceedings shall be stayed until after the birth, except
service of process and the taking of depositions to perpetuate testimony.
(e) Subject to the requirements of section 584-4(b), where a married
woman has not had sexual contact with her spouse or resided in the same
house with the spouse for at least three hundred days prior to the birth
of the child and the spouse cannot be contacted after due diligence, the
court may accept an affidavit by the married woman, attesting to her diligent
efforts to contact her spouse and providing clear and convincing evidence
to rebut the presumption of his paternity of the subject child, and upon
the court's satisfaction, notice to the spouse may be waived and the spouse
need not be made a party in the paternity proceedings. The court, after
receiving evidence, may also enter a finding of nonpaternity of the spouse.
§584-6
Temporary support order based on probable paternity.
In all contested paternity actions where a presumption of paternity
as defined in section 584-4 exists, upon motion by a party, the court shall
order temporary support for the child pending a judicial determination
of parentage. §584-6.5
§584-7 REPEALED.
Jurisdiction; venue.
(a) Without limiting the jurisdiction of any other court, the family
court has jurisdiction of an action brought under this chapter. The action
may be joined with an action for divorce, annulment, separate maintenance,
or support.
(b) A person who has sexual intercourse in this State thereby submits
to the jurisdiction of the courts of this State as to an action brought
under this chapter with respect to a child who may have been conceived
by that act of intercourse. In addition to any other method provided by
statute, personal jurisdiction may be acquired by personal service outside
this State or by service by certified or registered mail, postage prepaid,
with return receipt requested.
(c) In addition to any other method of service provided by statute
or court rule, if the defendant is not found within the circuit, service
may be effectuated by registered or certified mail, with request for a
return receipt and direction to deliver to addressee only. The return receipt
signed by the defendant shall be prima facie evidence that the defendant
accepted delivery of the complaint and summons on the date set forth on
the receipt. Actual receipt by the defendant of the complaint and summons
sent by registered or certified mail shall be equivalent to personal service
on the defendant by an authorized process server as of the date of the
receipt.
(d) The action may be brought in the county in which the child,
the mother, or the alleged father resides or is found or in which the child
was born or, if the father is deceased, in which proceedings for probate
of his estate have been or could be commenced. §584-8
Paternity determinations from other states and territories.
Paternity determinations from other states and territories, whether
established through voluntary acknowledgment or through administrative
or judicial processes, shall be treated the same as a paternity adjudication
in this State. §584-8.5
Parties; guardian ad litem for minor presumed or alleged father;
county attorney or corporation counsel to represent custodial parent or
agency; notice to parents.
(a) The child may be made a party to the action and may be represented
by the child's general guardian or a guardian ad litem appointed by the
court. The child's mother or father shall not represent the child as guardian
or otherwise. Subject to section 584-6(e), the natural mother, each man
presumed to be the father under section 584-4, each man alleged to be the
natural father, and the child support enforcement agency, if public assistance
moneys are or have been paid for the support of the subject child, shall
be made parties, or, if not subject to the jurisdiction of the court, shall
be given notice of the action in a manner prescribed by the court and an
opportunity to be heard.
(b) If it appears to the satisfaction of the court that the natural
mother or a man alleged or presumed to be the father of the child is a
minor, the court shall also cause notice of the pendency of the proceedings
and copies of the pleadings on file to be served upon the legal parent
or guardian who has physical custody of the minor. The court may appoint
a guardian ad litem to represent the minor in the proceedings. If the legal
parent or guardian of any such minor cannot be found, the notice may be
served in such manner as the court may direct pursuant to sections 634-21
to 634-24. The court may align the parties.
(c) The county attorney or corporation counsel, upon request of
the child support enforcement agency, shall represent the child support
enforcement agency. Fees may be charged of the applicant for child support
enforcement agency's services as provided for by chapter 576D. §584-9
§584-9
Pretrial proceedings.
As soon as practicable after an action to declare the existence
or nonexistence of the father and child relationship has been brought,
an informal hearing shall be held. The public shall be barred from the
hearing. A record of the proceeding or any portion thereof shall be kept
if any party requests, or the court orders. Rules of evidence need not
be observed. §584-10
Genetic tests.
(a) The court may, and upon request of a party, shall, require
the child, mother, or alleged father to submit to genetic tests, including
blood tests. If the requesting party is the mother or the alleged father,
the court shall require that the request be made pursuant to a sworn statement.
The sworn statement made by the party must either:
(1) Allege paternity setting forth facts establishing a
reasonable possibility of the requisite sexual contact between the parties;
or
(2) Deny paternity setting forth facts establishing a reasonable
possibility of the non-existence of sexual contact between the parties.
The testing utilized must have a power of exclusion greater than ninety-nine
point zero per cent (99.0%) and a minimum combined paternity index of five
hundred to one, and shall be performed by an expert qualified as an examiner
of genetic markers, appointed by the court. The laboratory performing the
testing shall be one approved by an accreditation body designated by the
United States Secretary of Health and Human Services.
(b) The court, upon reasonable request by a party, shall order that
independent tests be performed by other experts qualified as examiners
of genetic markers.
(c) In all cases, the court shall determine the number and qualifications
of the experts.
(d) "Genetic test" means the testing of inherited or genetic characteristics
(genetic markers) and includes blood testing for paternity purposes.
(e) In any trial brought under this chapter, a report of the facts
and results of genetic tests ordered by the court under this chapter shall
be admissible in evidence by affidavit of the person whose name is signed
to the report, attesting to the procedures followed in obtaining the report.
A report of the facts and results of genetic tests shall be admissible
as evidence of paternity without the need for foundation testimony or other
proof of authenticity or accuracy, unless objection is made. The genetic
testing performed shall be of a type generally acknowledged as reliable
by accreditation bodies designated by the United States Secretary of Health
and Human Services. An alleged parent or party to the paternity action
who objects to the admission of the report concerning the genetic test
results must file a motion no later than twenty days after receiving a
copy of the report and shall show good cause as to why a witness is necessary
to lay the foundation for the admission of the report as evidence. The
court may, sua sponte, or at a hearing on the motion determine whether
a witness shall be required to lay the foundation for the admission of
the report as evidence. The right to call witnesses to rebut the report
is reserved to all parties.
(f) Should an original test result be contested, the court shall
order further genetic testing with payment of the testing to be advanced
and paid for by the contesting party. §584-11
Evidence relating to paternity.
Evidence relating to paternity may include:
(1) Evidence of sexual intercourse between the mother and
the alleged father at any possible time of conception;
(2) An expert's opinion concerning the statistical probability of
the alleged father's paternity based upon the duration of the mother's
pregnancy;
(3) Genetic test results, including blood test results, weighted
in accordance with evidence, if available, of the statistical probability
of the alleged father's paternity;
(4) Medical or anthropological evidence relating to the alleged
father's paternity of the child based on tests performed by experts. If
a man has been identified as a possible father of the child, the court
may, and upon request of a party shall, require the child, the mother,
and the man to submit to appropriate tests;
(5) A voluntary, written acknowledgment of paternity;
(6) Bills for pregnancy and childbirth, including medical insurance
premiums covering this period and genetic testing, without the need for
foundation testimony or other proof of authenticity or accuracy, and these
bills shall constitute prima facie evidence of amounts incurred for such
services or for testing on behalf of the child; and
(7) All other evidence relevant to the issue of paternity of the
child. §584-12
Pretrial recommendations.
(a) On the basis of the information produced at the pre-trial hearing,
the judge conducting the hearing shall evaluate the probability of determining
the existence or nonexistence of the father and child relationship in a
trial and whether a judicial declaration of the relationship would be in
the best interest of the child. On the basis of the evaluation, an appropriate
recommendation for settlement shall be made to the parties, which may include
any of the following:
(1) That the action be dismissed with or without prejudice;
(2) That the matter be compromised by an agreement among the alleged
father, the mother, and the child, in which the father and child relationship
is not determined but in which a defined economic obligation is undertaken
by the alleged father in favor of the child and, if appropriate, in favor
of the mother, subject to approval by the judge conducting the hearing.
In reviewing the obligation undertaken by the alleged father in a compromise
agreement, the judge conducting the hearing shall consider the best interest
of the child, in the light of the factors enumerated in section 576D-7,
discounted by the improbability, as it appears to him, of establishing
the alleged father's paternity or nonpaternity of the child in a trial
of the action. In the best interest of the child, the court may order that
the alleged father's identity be kept confidential. In that case, the court
may designate a person or agency to receive from the alleged father and
disburse on behalf of the child all amounts paid by the alleged father
in fulfillment of obligations imposed on him; or
(3) That the alleged father voluntarily acknowledge his paternity
of the child.
(b) If the parties accept a recommendation made in accordance with
subsection (a), judgment shall be entered accordingly.
(c) If a party refuses to accept a recommendation made under subsection
(a) and genetic tests, including blood tests have not been taken, the court
shall require the parties to submit to genetic tests, if practicable. Thereafter
the judge shall make an appropriate final recommendation. If a party refuses
to accept the final recommendation, the action shall be set for trial.
(d) The guardian ad litem may accept or refuse to accept a recommendation
under this section.
(e) The informal hearing may be terminated and the action set for
trial if the judge conducting the hearing finds it unlikely that all parties
would accept a recommendation he might make under subsection (a) or (c).
§584-13
Civil action.
(a) An action under this chapter shall be a civil action governed
by the Hawaii Rules of Civil Procedure or the Hawaii Family Court Rules.
The mother of the child and the alleged father shall be competent to testify
and may be compelled to testify, provided that no criminal prosecution,
other than a prosecution for perjury, shall afterwards be had against the
mother or the alleged father for or on account of any transaction, matter,
or thing concerning which she or he may testify or produce evidence, documentary
or otherwise. Sections 584-11 and 584-12 shall apply in any action brought
under this chapter.
(b) Testimony relating to sexual access to the mother by an unidentified
man at any time or by an identified man at a time other than the probable
time of conception of the child shall be inadmissible in evidence, unless
offered by the mother.
(c) In an action against an alleged father, evidence offered by
him with respect to a man who is not subject to the jurisdiction of the
court concerning his sexual intercourse with the mother at or about the
probable time of conception of the child shall be admissible in evidence
only if he has undergone and made available to the court genetic tests,
including blood tests the results of which do not exclude the possibility
of his paternity of the child. §584-14
Judgment or order.
(a) The judgment or order of the court determining the existence
or nonexistence of the parent and child relationship shall be determinative
for all purposes.
(b) If the judgment or order of the court is at variance with the
child's birth certificate, the court shall order that a new birth certificate
be issued under section 584-23.
(c) The judgment or order may contain any other provision directed
against the appropriate party to the proceeding, concerning the duty of
support, the custody and guardianship of the child, visitation privileges
with the child, the furnishing of bond or other security for the payment
of the judgment, or any other matter in the best interest of the child.
Upon neglect or refusal to give this security, or upon default of the father
or the father's surety in compliance with the terms of the judgment, the
court may order the forfeiture of any such security and the application
of the proceeds thereof toward the payment of any sums due under the terms
of the judgment and may also sequester the father's personal estate, and
the rents and profits of the father's real estate, and may appoint a receiver
thereof, and may cause the father's personal estate, including any salaries,
wages, commissions, or other moneys owed to him and the rents and profits
of his real estate, to be applied toward the meeting of the terms of the
judgment, to the extent that the court, from time to time, deems just and
reasonable. The judgment or order may direct the father to pay the reasonable
expenses of the mother's pregnancy and confinement, including but not limited
to medical insurance premiums, such as for MedQuest, which cover the periods
of pregnancy, childbirth, and confinement. The court may further order
the noncustodial parent to reimburse the custodial parent, the child, or
any public agency for reasonable expenses incurred prior to entry of judgment,
including support, maintenance, education, and funeral expenses expended
for the benefit of the child.
(d) Support judgment or orders ordinarily shall be for periodic
payments which may vary in amount. In the best interest of the child, a
lump sum payment or the purchase of an annuity may be ordered in lieu of
periodic payments of support. The court may limit the father's liability
for past support of the child to the proportion of the expenses already
incurred that the court deems just.
(e) In determining the amount to be paid by a parent for support
of the child and the period during which the duty of support is owed, a
court enforcing the obligation of support shall use the guidelines established
under section 576D-7. Provision may be made for the support, maintenance,
and education of an adult or minor child and an incompetent adult child,
whether or not the petition is made before or after the child has attained
the age of majority.
(f) Whenever a parent of a child is a minor, unmarried, and not
able to provide full support, the court may order one or both parents of
the minor to support the child until the minor reaches the age of majority,
is otherwise emancipated, or is financially able to fully support the child,
whichever occurs first. For this purpose:
(1) The judgment or order for support shall be made against
the parent or parents of the minor to the extent that the minor is unable
to support the child;
(2) The resources, standard of living, and earning ability of the
parent or parents of the minor shall be considered under subsection (d)
in determining the amount of support; and
(3) The parent or parents of the minor shall be an obligor under
this chapter and chapter 571 and any action against the obligor to collect
support may be pursued against the parent or parents of the minor. §584-15
Costs.
The court may order reasonable fees of counsel, experts, and the
child's guardian ad litem, and other costs of the action and pre-trial
proceedings, including genetic tests, subject to the provisions of section
584-11(f), to be paid by the parties in proportions and at times determined
by the court. The court may order the proportion of any indigent party
to be paid by the State, or such person as the court shall direct. §584-16
Enforcement of judgment or order.
(a) If existence of the father and child relationship is declared,
or paternity or a duty of support has been acknowledged or adjudicated
under this chapter or under prior law, the obligation of the father may
be enforced in the same or other proceedings by the mother, the child,
the public authority that has furnished or may furnish the reasonable expenses
of pregnancy, confinement, education, support, or funeral, or by any other
person, including a private agency, to the extent the person has furnished
or is furnishing these expenses.
(b) The court may order support payments to be made to the mother,
the child support enforcement agency, or a person, corporation, or agency
designated to administer them for the benefit of the child under the supervision
of the court.
(c) Wilful failure to obey the judgment or order of the court shall
be a civil contempt of the court. All remedies for the enforcement of judgments
shall apply to this chapter. §584-17
Modification of judgment or order.
(a) The court shall have continuing jurisdiction to modify or revoke
a judgment or order:
(1) For future education and support; and
(2) With respect to matters listed in section 584-15(c) and (d)
and section 584-17(b), except that a court entering a judgment or order
for the payment of a lump sum or the purchase of an annuity under section
584-15(d) may specify that the judgment or order may not be modified or
revoked.
(b) In those cases where child support payments are to continue due
to the adult child's pursuance of education, the child support enforcement
agency, three months prior to the adult child's nineteenth birthday, shall
send notice by regular mail to the adult child and the custodial parent
that prospective child support will be suspended unless proof is provided
by the custodial parent or adult child, to the child support enforcement
agency, prior to the child's nineteenth birthday, that the child is presently
enrolled as a full-time student in school or has been accepted into and
plans to attend as a full-time student for the next semester a post-high
school university, college or vocational school. If the custodial parent
or adult child fails to do so, prospective child support payments may be
automatically suspended by the child support enforcement agency, hearings
officer, or court upon the child reaching the age of nineteen years. In
addition, if applicable, the agency, hearings officer, or court may issue
an order terminating existing assignments against the responsible parent's
income and income assignment orders.
(c) The need to provide for the child's health care needs through
health insurance or other means shall be a basis for petitioning for a
modification of the support order. §584-18
Right to counsel; free transcript on appeal.
(a) At a pre-trial hearing and in further proceedings, any party
may be represented by counsel. The court may appoint counsel for a party
who is financially unable to obtain counsel.
(b) If a party is financially unable to pay the cost of a transcript,
the court may furnish on request a transcript for purposes of appeal. §584-19
Hearings and records; confidentiality.
(a) Notwithstanding any other law concerning public hearings and
records, any hearing or trial held under this chapter shall be held in
closed court without admittance of any person other than those persons
necessary to the action or proceeding. All papers and records pertaining
to the action or proceeding, whether part of the permanent record of the
court or of a file in the department of health or elsewhere, shall be subject
to inspection only upon consent of the court and all interested persons,
or in exceptional cases only upon an order of the court for good cause
shown.
(b) Upon paternity being established, the confidentiality requirement
shall not extend to the judgment and all subsequently filed documents that
are used in good faith for support and medical expenses, insurance, or
enforcement purposes, except that the confidentiality requirement shall
continue to apply to any references to a non-adjudicated alleged or presumed
father. §584-20
Action to declare mother and child relationship.
Any interested party may bring an action to determine the existence
or nonexistence of a mother and child relationship. Insofar as practicable,
the provisions of this chapter applicable to the father and child relationship
shall apply. §584-21
Promise to render support.
(a) Any promise in writing to furnish support for a child, growing
out of a supposed or alleged father and child relationship, shall not require
consideration and shall be enforceable according to its terms.
(b) In the best interest of the child or the mother, the court may,
and upon request shall, order the promise to be kept in confidence and
designate a person or agency to receive and disburse on behalf of the child
all amounts paid in performance of the promise. §584-22
Birth records.
(a) Upon order of a court of this State or upon request of a court
of another state, or following acknowledgment as provided in section 584-4(a)(5),
the department of health shall prepare a new certificate of birth consistent
with the findings of the court or in cases of acknowledgment under section
584-4(a)(5), consistent with the acknowledgment, and shall substitute the
new certificate for the original certificate of birth.
(b) The fact that the father and child relationship was declared
or acknowledged after the child's birth shall not be ascertainable from
the new certificate but the actual place and date of birth shall be shown.
(c) The evidence upon which the new certificate was made and the
original birth certificate shall be kept in a sealed and confidential file
and be subject to inspection only upon consent of the court and all interested
persons, or in exceptional cases only upon an order of the court for good
cause shown. §584-23
Paternity judgment, acknowledgment, support order; social security
number.
The social security number of any individual who is subject to
a paternity judgment or acknowledgment, or support order issued under this
chapter shall be placed in the records relating to the matter. §584-23.5
Filing of acknowledgments and adjudications with department of
health.
All voluntary acknowledgments and adjudications of paternity by
judicial process shall be filed with the department of health for comparison
with information in the state case registry. Filing of the adjudications
of paternity shall be the responsibility of the natural mother or such
person or agency as the court shall direct. §584-23.6
Custodial proceedings.
(a) If a mother relinquishes or proposes to relinquish for adoption
a child who has:
(1) A presumed father under section 584-4(a);
(2) A father whose relationship to the child has been determined
by a court; or
(3) A father as to whom the child is a legitimate child under prior
law of this State or under the law of another jurisdiction;
the father shall be given notice of the adoption proceeding and have
the rights provided under chapter 578, unless the father's relationship
to the child has been previously terminated or determined by a court not
to exist.
(b) If a mother relinquishes or proposes to relinquish for adoption
a child who does not have:
(1) A presumed father under section 584-4(a);
(2) A father whose relationship to the child has been determined
by a court; or
(3) A father as to whom the child is a legitimate child under prior
law of this State or under the law of another jurisdiction;
or if a child otherwise becomes the subject of an adoption proceeding,
the court shall determine whether the natural father has exercised parental
duties, obligations, and concern for the child in accordance with subsection
(c); provided that if the proposed adoptive parent is the spouse of the
child's mother, no notice is required to be given to a father who does
not fall within the provisions of subsection (a).
(c) In order to determine the extent of the natural father's exercise
of parental duties, obligations, and concern for the child, the court shall
cause inquiry to be made of the mother and any other appropriate person.
The inquiry shall include the following:
(1) Whether the mother was married at the time of conception
of the child or at any time thereafter;
(2) Whether, at the time of conception or birth of the child thereafter,
the mother was cohabiting with a man whom she alleges to be or who represents
or believes himself to be the child's father;
(3) Whether the mother has received support payments or promises
of support with respect to the child or in connection with her pregnancy
or in connection with the birth of the child.
(d) If, after the inquiry, the court is satisfied that the natural
father has exercised parental duties, obligations, and concern for the
child, he shall be given notice of the proceeding in accordance with subsection
(f). If he fails to appear or, if appearing, fails to claim custodial rights,
his parental rights with reference to the child shall be terminated. If
the natural father or a man representing himself to be the natural father,
claims custodial rights, the court shall proceed to determine custodial
rights.
(e) If, after the inquiry, the court is satisfied that the natural
father has failed to exercise parental duties, obligations, and concern
for the child the court shall enter an order terminating the natural father's
parental rights with reference to the child. Subject to the disposition
of an appeal, upon the expiration of thirty days after an order terminating
parental rights is issued under this subsection, the order shall not be
questioned by any person, in any manner, or upon any ground, including
fraud, misrepresentation, failure to give any required notice, or lack
of jurisdiction of the parties or of the subject matter.
(f) Notice of the proceeding shall be given to any person who is
entitled under the provisions of this chapter to receive notice in the
manner appropriate under chapter 578. Proof of giving the notice shall
be filed with the court before the petition is heard. §584-24
Uniformity of application and construction.
This chapter shall be applied and construed to effectuate its general
purpose to make uniform the law with respect to the subject of this chapter
among states enacting it. §584-25
Short title.
This chapter may be cited as the "Uniform Parentage Act". §584-26
