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PAG LIN
1 1 Section 1. Section 598.35, Code 1999, is amended by adding
1 2 the following new subsection:
1 3 NEW SUBSECTION. 8. The paternity of an established father
1 4 has been overcome pursuant to section 600B.41B; the court has
1 5 entered an order establishing the parent-child relationship,
1 6 support obligations, and visitation rights between the person
1 7 alleging to be the biological father of the child and the
1 8 child; and the biological father as established under the
1 9 order is the child of the grandparent or the grandchild of the
1 10 great-grandparent.
1 11 Sec. 2. NEW SECTION. 600B.41B ACTION TO OVERCOME
1 12 PATERNITY – CHILD OF MARRIAGE.
1 13 1. Notwithstanding section 600B.41A and any other law or
1 14 operation of law to the contrary, an action to overcome
1 15 paternity, which has been established by operation of law
1 16 based upon the mother and established father of the child
1 17 being married or having been married to each other at the time
1 18 of the conception or birth of the child, may be brought by the
1 19 filing of a petition by a person alleging to be the biological
1 20 father of the child, if all of the following conditions are
1 21 met:
1 22 a. The petition is filed with the court prior to the child
1 23 reaching majority.
1 24 b. The person alleging to be the biological father of the
1 25 child submits blood or genetic test results which demonstrate
1 26 that the alleged biological father is not excluded and that
1 27 the probability of the alleged biological father's paternity
1 28 is ninety-five percent or higher.
1 29 c. The person alleging to be the biological father had
1 30 established a substantial relationship with the child prior to
1 31 the filing of the petition.
1 32 2. The petition shall contain, at a minimum, all of the
1 33 following:
1 34 a. The legal name, age, and domicile, if any, of the
1 35 child.
2 1 b. The names, residences, and domicile of all of the
2 2 following, as applicable:
2 3 (1) The living established parents of the child.
2 4 (2) The guardian of the child.
2 5 (3) The custodian of the child.
2 6 (4) The guardian ad litem of the child.
2 7 (5) The petitioner.
2 8 (6) The person standing in place of the parents of the
2 9 child.
2 10 c. A plain statement that the petitioner believes that the
2 11 established father is not the biological father of the child,
2 12 any reasons for this belief, and that the petitioner wishes to
2 13 have the paternity determination overcome.
2 14 d. A plain statement explaining why the petitioner does
2 15 not know any of the information required under paragraphs "a"
2 16 and "b".
2 17 3. Notice of the action to overcome paternity shall be
2 18 served on any established parent of the child in accordance
2 19 with the rules of civil procedure. The responding party shall
2 20 have thirty days from the date of service of the notice to
2 21 file a written response to the court.
2 22 4. If the court determines that the conditions and
2 23 requirements of subsections 1 through 3 are met, the court may
2 24 order additional testing, pursuant to section 600B.41, to
2 25 determine if the established father is excluded as the
2 26 biological father of the child. If the test results and any
2 27 evidence presented by the expert approved by the court to
2 28 analyze and interpret the test results demonstrate that the
2 29 established father is excluded as the biological father, the
2 30 court shall determine if overcoming paternity of the
2 31 established father is in the best interest of the child. In
2 32 determining the best interest of the child, the court shall
2 33 consider all of the following:
2 34 a. The age of the child.
2 35 b. The length of time since the establishment of
3 1 paternity.
3 2 c. The previous relationship between the child and the
3 3 established father, and the previous relationship between the
3 4 child and the alleged biological father, including but not
3 5 limited to the duration and frequency of any time periods
3 6 during which the child and established or alleged biological
3 7 father resided in the same household or engaged in a parent-
3 8 child relationship as defined in section 600A.2 and, based
3 9 upon the age of the child, considering any attempts by the
3 10 alleged biological father in assuming the responsibilities of
3 11 the parent-child relationship.
3 12 d. The affect on the child from establishing the child's
3 13 actual paternity.
3 14 e. Additional factors which the court determines are
3 15 relevant to the individual situation.
3 16 5. If the court dismisses the action to overcome paternity
3 17 and preserves the paternity of the established father, the
3 18 court shall enter an order establishing that the parent-child
3 19 relationship exists between the established father and the
3 20 child.
3 21 6. If the court determines that the established father is
3 22 excluded as the biological father and overcomes paternity, the
3 23 court shall enter an order which provides that the established
3 24 father is relieved of any and all future support obligations
3 25 owed on behalf of the child from the date that the order is
3 26 filed, and shall enter an order establishing that the parent-
3 27 child relationship exists between the petitioner and the
3 28 child, and including establishment of a support obligation
3 29 pursuant to section 598.21 and provision of custody and
3 30 visitation pursuant to section 598.41.
3 31 EXPLANATION
3 32 This bill provides that notwithstanding the establishment
3 33 of paternity by operation of law when the mother of the child
3 34 and established father of the child are married or were
3 35 married at the time of conception or birth of the child, and
4 1 notwithstanding any other law to the contrary, an alleged
4 2 father may petition the court to overcome paternity of the
4 3 established father. In order for an alleged biological father
4 4 to bring an action to overcome paternity of the established
4 5 father, the alleged biological father must file the petition
4 6 prior to the child reaching majority, must submit blood or
4 7 genetic test results that demonstrate a probability of 95
4 8 percent or greater that the alleged biological father is the
4 9 biological father of the child, and the alleged biological
4 10 father must have established a substantial relationship with
4 11 the child prior to the filing of the petition. The bill
4 12 specifies the information to be included in the petition and
4 13 requires that any established parent of the child be served
4 14 notice and have 20 days after service of the notice to
4 15 respond. If the requirements relating to the petition and
4 16 notice are met, the court may order additional testing to
4 17 demonstrate that the paternity of the established father is
4 18 overcome, and the court must find that overcoming paternity is
4 19 in the best interest of the child. The bill provides criteria
4 20 for determining the best interest of the child. If the court
4 21 dismisses the action to overcome paternity, the court is to
4 22 enter an order preserving the paternity of the established
4 23 father and establishing that the parent-child relationship
4 24 exists between the established father and the child. If the
4 25 court determines that the paternity of the established father
4 26 should be overcome, the court is to enter an order
4 27 establishing the paternity of the alleged biological father
4 28 and relieving the established father of any support obligation
4 29 due after the date that the order is filed, establishing the
4 30 support obligation of the alleged father, and providing for
4 31 custody and visitation rights.
4 32 The bill also provides that a grandparent or great-
4 33 grandparent of the child involved in the action to overcome
4 34 paternity under the bill, who is the parent of the biological
4 35 father of the child as established by order of the court, may
5 1 petition the court for visitation. Current law requires that
5 2 in order to grant such a petition the court must find that it
5 3 is in the best interest of the child to do so and that the
5 4 grandparent or great-grandparent had established a substantial
5 5 relationship with the grandchild or great-grandchild prior to
5 6 the filing of the petition.
5 7 LSB 1945YH 78
5 8 pf/jw/5.1
Text: HF00424 Text: HF00426 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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