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.