Introduced Version






SENATE BILL No. 61

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 16-37-2-2.1.

Synopsis: Rescission of paternity affidavit. Provides that evidence that a man is excluded as the biological father of a child based on a genetic test that indicates that the man is not the child's biological father constitutes a material mistake of fact that existed in the execution of the paternity affidavit. (The introduced version of this bill was prepared by the child custody and support advisory committee.)

Effective: July 1, 2010.





Steele




    January 5, 2010, read first time and referred to Committee on Judiciary.







Introduced

Second Regular Session 116th General Assembly (2010)


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SENATE BILL No. 61



    A BILL FOR AN ACT to amend the Indiana Code concerning family law and juvenile law.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 16-37-2-2.1; (10)IN0061.1.1. -->     SECTION 1. IC 16-37-2-2.1, AS AMENDED BY P.L.146-2006, SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 2.1. (a) A paternity affidavit may be executed as provided in this section through:
        (1) a hospital; or
        (2) a local health department.
    (b) Immediately before or after the birth of a child who is born out of wedlock, a person who attends or plans to attend the birth, including personnel of all public or private birthing hospitals, shall:
        (1) provide an opportunity for:
            (A) the child's mother; and
            (B) a man who reasonably appears to be the child's biological father;
        to execute an affidavit acknowledging paternity of the child; and
        (2) verbally explain to the individuals listed in subdivision (1) the legal effects of an executed paternity affidavit as described in subsection (g).
    (c) A paternity affidavit must be executed on a form provided by the state department. The paternity affidavit is valid only if the affidavit is executed as follows:
        (1) If executed through a hospital, the paternity affidavit must be completed not more than seventy-two (72) hours after the child's birth.
        (2) If executed through a local health department, the paternity affidavit must be completed before the child has reached the age of emancipation.
    (d) A paternity affidavit is not valid if it is executed after the mother of the child has executed a consent to adoption of the child and a petition to adopt the child has been filed.
    (e) A paternity affidavit executed under this section must contain or be attached to all of the following:
        (1) The mother's sworn statement asserting that a person described in subsection (b)(1)(B) is the child's biological father.
        (2) A statement by a person identified as the father under subdivision (1) attesting to a belief that he is the child's biological father.
        (3) Written information furnished by the child support bureau of the department of child services:
            (A) explaining the effect of an executed paternity affidavit as described in subsection (g); and
            (B) describing the availability of child support enforcement services.
        (4) The Social Security number of each parent.
    (f) A woman who knowingly or intentionally falsely names a man as the child's biological father under this section commits a Class A misdemeanor.
    (g) A paternity affidavit executed under this section:
        (1) establishes paternity;
        (2) gives rise to parental rights and responsibilities of the person described in subsection (e)(2), including:
            (A) the right of the child's mother or the Title IV-D agency to obtain a child support order against the person, which may include an order requiring the provision of health insurance coverage; and
            (B) reasonable parenting time rights unless another determination is made by a court in a proceeding under IC 31-14-14; and
        (3) may be filed with a court by the department of child services.
However, if a paternity affidavit is executed under this section, the

child's mother has sole legal custody of the child unless another custody determination is made by a court in a proceeding under IC 31-14.
    (h) Notwithstanding any other law, a man who is a party to a paternity affidavit executed under this section may, within sixty (60) days of the date that a paternity affidavit is executed under this section, file an action in a court with jurisdiction over paternity to request an order for a genetic test.
    (i) A paternity affidavit that is properly executed under this section may not be rescinded more than sixty (60) days after the paternity affidavit is executed unless a court:
        (1) has determined that fraud, duress, or material mistake of fact existed in the execution of the paternity affidavit; and
        (2) at the request of a man described in subsection (h), has ordered a genetic test, and the test indicates that the man is excluded as the father of the child.
Evidence that a man is excluded as the biological father of a child based on a genetic test that indicates that the man is not the child's biological father constitutes a material mistake of fact that existed in the execution of the paternity affidavit. A court is not required to order two (2) genetic tests under this subsection.
    (j) Unless good cause is shown, a court shall not suspend the legal responsibilities under subsection (g)(2)(A) of a party to the executed paternity affidavit during a challenge to the affidavit.
    (k) The court may not set aside the paternity affidavit unless a genetic test ordered under subsection (h) or (i) excludes the person who executed the paternity affidavit as the child's biological father.
    (l) If a paternity affidavit is not executed under subsection (b), the hospital where the birth occurs or a person in attendance at the birth shall inform the child's mother of services available for establishing paternity.
    (m) Except as provided in this section, if a man has executed a paternity affidavit in accordance with this section, the executed paternity affidavit conclusively establishes the man as the legal father of a child without any further proceedings by a court.