Iowa Instruction to Jury in a Paternity as to the Average Period of Gestation

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The period of gestation is the period between the date of conception and the date of birth of the child. The average period of gestation is about nine months, but this period may vary.

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FAQ

Iowa Code section 600B. 41A provides a legal process for ?overcoming? (here referred to as ?disestablishing?) paternity. Iowa code section 598.21, subsection 4A sets requirements for contesting paternity during a dissolution of marriage proceeding.

In Iowa, if a father's name is not on a birth certificate, they will usually not have custodial rights of a parent, absent other action. The exception is if the mother and father are married at the time of birth. If the mother and father are married, Iowa law assumes the husband is the father.

1. The mother of a child born out of wedlock whose paternity has not been acknowledged and who has not been adopted has sole custody of the child unless the court orders otherwise.

Parents can legally establish the paternity of a child born out of wedlock by signing a paternity affidavit and filing it with the Iowa Department of Health and Human Services. The paternity affidavit is a free form parents complete and file with the Bureau of Health Statistics (BHS) to legally establish paternity.

Most samples can be taken any time after the child's birth. The genetic testing vendor will file the results with the clerk of court. If the probability of paternity is 95 percent or higher, it creates a presumption that the alleged father is the biological father.

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Iowa Instruction to Jury in a Paternity as to the Average Period of Gestation