Introduced Version






HOUSE BILL No. 1314

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 16-37-2-2.1.

Synopsis: Paternity affidavits. Provides that a paternity affidavit executed before or after the birth of a child who is born out of wedlock must include: (1) a statement by the mother that the person she has named as the father of the child is the only person who could possibly be the father and that she understands that she has committed fraud if a man other than the named man is the biological father; (2) a statement by the person named as the father that he has reviewed the mother's statements and that he understands that the paternity affidavit may not be rescinded more than 60 days after the paternity affidavit is executed; and (3) a sworn statement that includes an affirmation under the penalties of perjury that the representations in the paternity affidavit are true.

Effective: July 1, 2010.





Foley, Van Haaften




    January 13, 2010, read first time and referred to Committee on Family, Children and Human Affairs.







Introduced

Second Regular Session 116th General Assembly (2010)


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HOUSE BILL No. 1314



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

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

SOURCE: IC 16-37-2-2.1; (10)IN1314.1.1. -->     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 and is the only person who could possibly be the child's father.
         (2) A statement by the mother that she understands that:
            (A) she has committed fraud for the purposes of subsection (i)(1) if a man other than the person she has asserted under subdivision (1) to be the child's biological father is biologically the father of the child; and
            (B) she is subject to arrest and prosecution if she commits an offense under subsection (f).

        (2) (3) A statement by a person identified as the father under subdivision (1) attesting:
             (A) to a belief that he is the child's biological father;
            (B) that he has reviewed the mother's sworn statement in the affidavit; and
            (C) that he understands that, subject to subsection (i), a paternity affidavit may not be rescinded more than sixty (60) days after the paternity affidavit is executed.

        (3) (4) 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) (5) The Social Security number of each parent.
         (6) A sworn statement that includes an affirmation under the penalties of perjury that the representations in the paternity affidavit are true.
    (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.
    (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.