January 5, 2010, read first time and referred to Committee on Judiciary.
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
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
(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
(2) If executed through a local health department, the paternity
affidavit must be completed before the child has reached the age
(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
(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
(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
(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
(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
(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
(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.