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House Amendment 1278

Amendment Text

PAG LIN
  1  1    Amend House File 612 as follows:
  1  2    #1.  Page 131, by inserting before line 16 the
  1  3 following:
  1  4    "Sec.     .  Section 600B.41A, subsection 2, Code
  1  5 1997, is amended by adding the following new
  1  6 paragraph:
  1  7    NEW PARAGRAPH.  c.  A paternity determination based
  1  8 upon a prior court order if the order was not entered
  1  9 based upon blood or genetic test results, or an
  1 10 existing custody order based upon the prior
  1 11 determination of paternity, when the mother of the
  1 12 child, the child or the legal representative of the
  1 13 mother or the child, files a petition to overcome
  1 14 paternity under this section and the reasons for the
  1 15 belief that the established father is not the
  1 16 biological father of the child were known to the party
  1 17 filing the petition at the time that the order
  1 18 establishing paternity or custody was entered."
  1 19    #2.  Page 131, by inserting after line 27 the
  1 20 following:
  1 21    "Sec.    .  Section 600B.41A, Code 1997, is amended
  1 22 by adding the following new subsection:
  1 23    NEW SUBSECTION.  3A.  If the established father
  1 24 objects to the overcoming of paternity, the court
  1 25 shall consider all of the following:
  1 26    a.  The court shall not overcome the paternity of
  1 27 an established father unless the identity of the
  1 28 biological father is established by blood or genetic
  1 29 testing demonstrating the biological father's
  1 30 paternity is ninety-five percent or higher and if the
  1 31 biological father has other children, that the
  1 32 biological father is providing support and has an
  1 33 established relationship with any of these children.
  1 34    b.  The court shall not overcome paternity of an
  1 35 established father when the established father has
  1 36 been awarded custody of the child under a court order.
  1 37 Additionally, if the established father has been
  1 38 awarded custody of the child under a court order and
  1 39 if overcoming paternity could result in the separation
  1 40 of the child from half-siblings, it is not in the best
  1 41 interest of the child to overcome paternity unless
  1 42 maintaining the relationship between the child and the
  1 43 half-siblings is not in the best interest of the
  1 44 child." 
  1 45 
  1 46 
  1 47                               
  1 48 BODDICKER of Cedar
  1 49 HF 612.503 77
  1 50 pf/jw/28
     

Text: H01277                            Text: H01279
Text: H01200 - H01299                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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