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 Kentucky, but does include
basic and other provisions.
Statutes:
Kentucky Revised Statutes
TITLE XXXV - DOMESTIC RELATIONS
CHAPTER 406 UNIFORM ACT ON PATERNITY
Definitions for KRS 406.011 to 406.180. (1992)
As used in KRS 406.011 to 406.180:
(1) "Genetic markers" means separate identifiable genes
or complexes of genes generally isolated as a result of blood typing, at
least seven (7) of which are normally tested in a paternity proceeding.
(2) "Genetic tests" means blood or tissue typing tests including,
but not limited to, tests of red cell antigens, red cell isoenzymes,
human leukocyte antigens, serum proteins, electrofloresis, or deoxyribonucleic
acid.
(3) "Paternity index" means the commonly accepted indicator used
for denoting the existence of paternity. It represents the mathematically
computed probability that the putative father is the true father of the
child, as opposed to any other man of similar ethnic background. The paternity
index, computed using results of various paternity tests following accepted
statistical principles for the computation of probability, shall be in accordance with the method of expression
accepted by the American Association of Blood Banks. [Title XXXV,
Ch. 406, Section 406.005 ]
Obligations of father -- Presumption of paternity. (1972)
The father of a child which is or may be born out of wedlock is
liable to the same extent as the father of a child born in wedlock, whether
or not the child is born alive, for the reasonable expense of the mother's
pregnancy and confinement and for the education, necessary support and
funeral expenses of the child. A child born during lawful wedlock, or within
ten (10) months thereafter, is presumed to be the child of the husband
and wife.
However, a child born out of wedlock includes a child born to a
married woman by a man other than her husband where evidence shows that
the marital relationship between the husband and wife ceased ten (10) months
prior to the birth of the child. [Title XXXV, Ch. 406, Section 406.011
]
Determination of paternity. (1998)
(1) Paternity may be determined upon the complaint of the
mother, putative father, child, person, or agency substantially contributing
to the support of the child. The action shall be brought by the county
attorney or by the Cabinet for Families and Children or its designee upon
the request of complainant authorized by this section.
(2) Paternity may be determined by the District Court when the
mother and father of the child, either:
(a) Submit affidavits in which the mother states the name
and Social Security number of the child's father and the father admits
paternity of the child; or
(b) Give testimony before the District Court in which the mother
states the name and Social Security number of the child's father and the
father admits paternity of the child.
(3) If paternity has been determined or has been acknowledged according
to the laws of this state, the liabilities of the father may be enforced
in the same or other proceedings by the mother, child, person, or agency
substantially contributing to the cost of pregnancy, confinement, education,
necessary support, or funeral expenses.
Bills for testing, pregnancy, and childbirth without requiring third
party foundation testimony shall be regarded as prima facie evidence of
the amount incurred. An action to enforce the liabilities shall be brought
by the county attorney upon the request of such complainant authorized
by this section. An action to enforce the liabilities of the cost of pregnancy,
birthing costs, child support, and medical support shall be brought by
the county attorney or by the Cabinet for Families and Children or its
designee.
(4) Voluntary acknowledgment of paternity pursuant to KRS 213.046
shall create a rebuttable presumption of paternity.
(5) Upon a showing of service of process on the defendant and if
the defendant has made no pleading to the court or has not moved to enter
evidence pursuant to KRS 406.091, the court shall order paternity to be
established by default. [Title XXXV, Ch. 406, Section 406.021]
Rebuttable presumption of voluntary anowledgment - of - paternity
affidavit -- Temporary support order if paternity is indicated -- Continuation
of child support until final determination of paternity. (1998)
(1) Upon completion of a signed, notarized, voluntary acknowledgment-of-paternity
affidavit by the mother and alleged father, obtained through the hospital-based
paternity program, and submitted to the state registrar of vital statistics,
paternity shall be rebuttably presumed for the earlier of sixty (60) days
or the date of an administrative or judicial proceeding relating to the
child, including a proceeding to establish a child support order.
(2) Upon completion of a signed, notarized, voluntary acknowledgment-of-paternity
affidavit by the mother and alleged father obtained outside of the hospital
and submitted to the state registrar of vital statistics, paternity shall
be rebuttably presumed for the earlier of sixty (60) days or the date of
an administrative or judicial proceeding relating to the child, including
a proceeding to establish a child support order following the date of signatures
on the notarized affidavit.
(3) Pending an administrative or judicial determination of parentage,
or upon a signed, notarized, voluntary acknowledgment-of-paternity form
having been transmitted by the local registrar and received by the Office
of Vital Statistics, a temporary support order shall be issued upon motion
of any party if paternity is indicated by genetic testing or other clear
and convincing evidence.
(4) The motion shall be accompanied by an affidavit setting forth
the factual basis for the motion and the amounts requested.
(5) The court shall, within fourteen (14) days from the filing
of the motion, order an amount of temporary child support based upon the
child support guidelines as provided by KRS 403.212. The ordered child
support shall be retroactive to the date of the filing of the motion to
move the court to enter an order for temporary child support without written
or oral notice to the adverse party. The order shall provide that the order
becomes effective seven (7) days following service of the order and movant's
affidavit upon the adverse party unless the adverse party, within the seven
(7) day period, files a motion for a hearing before the court. The motion
for hearing shall be accompanied by the affidavit required by KRS 403.160(2)(a).
Pending the hearing, the adverse party shall pay child support in an amount
based upon the guidelines and the adverse party's affidavit. The child
support order entered following the hearing shall be retroactive to the
date of the filing of the motion for temporary support unless otherwise
ordered by the court.
(6) Unless good cause is shown, court or administratively ordered
child support shall continue until final judicial or administrative determination
of paternity. [Title XXXV, Ch. 406, Section 406.025]
Limitation of action. (1990)
(1) The determination of paternity under the provisions
of KRS 406.021(1) shall be commenced within eighteen (18) years after the
birth, miscarriage or stillbirth of a child. However, in such cases, liability
for child support shall not predate the initiation of action taken to determine
paternity as set forth in KRS 406.021 if the action is taken four (4) years
or more from the date of birth.
(2) Any person for whom paternity has not yet been established
and who had not reached eighteen (18) years of age as of August 16, 1984,
including those persons for whom a paternity action was brought but dismissed
because a statute of limitations of less than eighteen (18) years was then
in effect, may bring an action to establish paternity. [Title XXXV,
Ch. 406, Section 406.031]
Written order of paternity -- Limit on public inspection -- Persons
who may inspect. (1998)
(1) If paternity has been determined under the provisions
of subsection (1) or (2) of KRS 406.021, the court shall make a written
order of paternity.
(2) Information concerning this action received or transmitted
shall not be published or be open for public inspection, including where
the cabinet determines reasonable evidence of domestic violence or child
abuse, if the disclosure of the information could be harmful to the custodial
parent or the child of the parent.
(3) Such orders are to be kept separately and shall not be open
for public inspection except that they may be inspected by employees of
governmental agencies in the performance of their duties, all law enforcement
agencies including county attorneys, Commonwealth's attorneys, District
and Circuit Judges, and anyone else under order of the court expressly
permitting inspection. Either party to an action under this chapter or
attorneys of a party to an action under this chapter shall be permitted
to inspect the order entered in the action to which he is a party.
[Title XXXV, Ch. 406, Section 406.035]
Effect of death of father on liabilities. (1992)
The obligation of the estate of the father for liabilities under
this chapter shall not be terminated by the death of the father obligated
to support the child. If a father obligated to support the child dies,
the amount of support may be modified, revoked, or commuted to a lump-sum
payment, to the extent just and appropriate in the circumstances.
[Title XXXV, Ch. 406, Section 406.041]
Remedies -- District Court's concurrent jurisdiction for child
custody and visitation in paternity cases. (1996)
(1) The District Court has jurisdiction of an action brought
under this chapter and all remedies for the enforcement of judgments for
expenses of pregnancy and confinement for a wife or for education, necessary
support, or funeral expenses for children born out of wedlock. An appeal
may be had to the Circuit Court if prosecuted within sixty (60) days from
the date of judgment. The court has continuing jurisdiction to modify or
revoke a judgment for future education. All remedies under the uniform
reciprocal enforcement of support act are available for enforcement of
duties of support under this chapter.
(2) The District Court may exercise jurisdiction, concurrent with
that of the Circuit Court, to determine matters of child custody and visitation
in cases where paternity is established as set forth in this chapter. The
District Court, in making these determinations, shall utilize the provisions
of KRS Chapter 403 relating to child custody and visitation. The District
Court may decline jurisdiction if it finds the circumstances of any case
require a level of proceedings more appropriate to the Circuit Court.
[Title XXXV, Ch. 406, Section 406.051]
Jury trial in paternity action. (1998)
To the extent necessary to conform to federal law, 42 U.S.C. sec.
666(a)(5)(l), except to the extent that it is required under Section 7
of the Constitution of Kentucky, no party shall be entitled to a trial
by a jury in a paternity action. [Title XXXV, Ch. 406, Section 406.061]
Time of trial. (1964)
If the issue of paternity is raised in an action commenced during
the pregnancy of the mother, the trial shall not, without the consent of
the alleged father, be held until after the birth or miscarriage but during
such delay testimony may be perpetuated in accordance with the Rules of
Civil Procedure. [Title XXXV, Ch. 406, Section 406.071]
Authority for genetic tests. (1992)
The court, upon request of a party or on its own motion, shall
order the mother, child, and alleged father to submit to genetic tests.
If the mother refuses for herself or on behalf of the child to submit to
the tests, the court may resolve the question of paternity against her
unless the action is brought by or is being prosecuted by an agency contributing
to the support of the child. [Title XXXV, Ch. 406, Section 406.081]
Effect of blood test results. (1992)
If the court finds that the conclusions of all the experts, as
disclosed by the evidence based upon the tests, are that the alleged father
is not the father of the child, the question of paternity shall be resolved
accordingly. If the court finds that the statistical probability of paternity
equals or exceeds ninety-nine percent (99%), as calculated by the experts
qualified as examiners of genetic markers, and that the paternity index,
as calculated by the experts qualified as examiners of genetic markers,
is one hundred (100) to one (1) or greater, there is a rebuttable presumption,
affecting the burden of proof, of paternity. This presumption shall only
be rebutted by a preponderance of the evidence. If the presumption is not
rebutted, the court may enter a summary judgment of paternity, pursuant
to Rule 56 of the Rules of Civil Procedure. [Title XXXV, Ch. 406, Section
406.111].
Settlement agreements. (1964)
An agreement of settlement with the alleged father is binding only
when approved by the court. [Title XXXV, Ch. 406, Section 406.141].
Venue. (1964)
An action under this chapter may be brought in the county where
the alleged father is present or has property or in the county where the
mother resides. [Title XXXV, Ch. 406, Section 406.151].
Applicability. (1972)
This chapter applies to all cases of birth out of wedlock:
(1) Where birth occurs within this state;
(2) When birth occurs out of this state at the time the mother is
a resident of this state after June 18, 1964; or
(3) When birth occurs out of this state and at some time following
the birth the mother becomes a resident of this state after June 18, 1964.
[Title XXXV, Ch. 406, Section 406.180].
