S.F. 2102 Section 1. Section 600B.41A, Code 2009, is amended to read 1 as follows: 2 600B.41A Actions to overcome paternity —— applicability —— 3 conditions —— penalty . 4 1. Paternity which is legally established may be overcome 5 as provided in this section if subsequent blood or genetic 6 testing indicates that the previously established father of 7 a child is not the biological father of the child. Unless 8 otherwise provided in this section, this section applies to the 9 overcoming of paternity which has been established according to 10 any of the means provided in section 252A.3, subsection 8, by 11 operation of law when the established father and the mother of 12 the child are or were married to each other, or as determined 13 by a court of this state under any other applicable chapter. 14 2. This section does not apply to any of the following: 15 a. A paternity determination made in or by a foreign 16 jurisdiction or a paternity determination which has been made 17 in or by a foreign jurisdiction and registered in this state in 18 accordance with section 252A.18 or chapter 252K. 19 b. A paternity determination based upon a court or 20 administrative order if the order was entered based upon blood 21 or genetic test results which demonstrate that the alleged 22 father was not excluded and that the probability of the alleged 23 father’s paternity was ninety-five percent or higher, unless 24 the tests were conducted prior to July 1, 1992. 25 3. Establishment of paternity may be overcome under this 26 section if all of the following conditions are met: 27 a. The action to overcome paternity is filed with the court 28 prior to the child reaching majority. 29 (1) A petition to overcome paternity may be filed only by 30 the mother of the child, the established father of the child, a 31 putative father as defined in section 252A.2, the child, or the 32 legal representative of any of these parties. 33 (2) If paternity was established by court or administrative 34 order, a petition to overcome paternity shall be filed in the 35 -1- LSB 5415XS (6) 83 pf/nh 1/ 10

S.F. 2102 county in which the order is filed. 1 (3) In all other determinations of paternity, a petition to 2 overcome paternity shall be filed in an appropriate county in 3 accordance with the rules of civil procedure. 4 b. The petition contains, at a minimum, all of the 5 following: 6 (1) The legal name, age, and domicile, if any, of the child. 7 (2) The names, residences, and domicile of the following: 8 (a) Living parents of the child. 9 (b) Guardian of the child. 10 (c) Custodian of the child. 11 (d) Guardian ad litem of the child. 12 (e) Petitioner. 13 (f) Person standing in the place of the parents of the 14 child. 15 (3) A plain statement that the petitioner believes that the 16 established father is not the biological father of the child, 17 any reasons for this belief, and that the petitioner wishes to 18 have the paternity determination set aside. 19 (4) A plain statement explaining why the petitioner does not 20 know any of the information required under subparagraphs (1) 21 and (2). 22 c. Notice of the action to overcome paternity is served on 23 any parent of the child not initiating the action necessary 24 party and any assignee of the support obligation, in accordance 25 with the rules of civil procedure and in accordance with the 26 following: 27 (1) If enforcement services are being provided by the child 28 support recovery unit pursuant to chapter 252B, notice shall 29 also be served on the child support recovery unit. 30 (2) The responding party shall have twenty days from the 31 date of the service of the notice to file a written response 32 with the court. 33 (3) “Necessary party” means any person whose name, 34 residence, and domicile is required to be included in the 35 -2- LSB 5415XS (6) 83 pf/nh 2/ 10

S.F. 2102 petition as specified in paragraph “b” , any putative father 1 including any putative father who files a declaration of 2 paternity pursuant to section 144.12A or any unknown putative 3 father, but does not include any living parent or putative 4 father if the court determines that a history of domestic abuse 5 involving any such living parent or putative father exists as 6 specified in section 598.41, subsection 3, paragraph “j” . 7 d. A guardian ad litem is appointed for the child. 8 e. Blood or genetic testing is conducted in accordance with 9 section 600B.41 or chapter 252F. 10 (1) Unless otherwise specified pursuant to subsection 2 or 11 9 11 , blood or genetic testing shall be conducted in an action 12 to overcome the establishment of paternity. 13 (2) Unless otherwise specified in this section, section 14 600B.41 applies to blood or genetic tests conducted as the 15 result of an action brought to overcome paternity. 16 (3) The court may order additional testing to be conducted 17 by the expert or an independent expert in order to confirm a 18 test upon which an expert concludes that the established father 19 is not the biological father of the child. 20 f. The court finds all of the following: 21 (1) That the conclusion of the expert as disclosed by the 22 evidence based upon blood or genetic testing demonstrates that 23 the established father is not the biological father of the 24 child. 25 (2) If paternity was established pursuant to section 26 252A.3A, the signed affidavit was based on fraud, duress, or 27 material mistake of fact, as shown by the petitioner. 28 4. If the court finds that the establishment of paternity is 29 overcome, in accordance with all of the conditions prescribed, 30 the court shall enter an order which provides all of the 31 following: 32 a. That the The established father is relieved of any and 33 all future support obligations owed on behalf of the child from 34 the date that the order determining that the established father 35 -3- LSB 5415XS (6) 83 pf/nh 3/ 10

S.F. 2102 is not the biological father is filed. 1 b. That any Any unpaid support due prior to the date the 2 order determining that the established father is not the 3 biological father is filed, is satisfied. 4 c. Establishment of the biological father’s support 5 obligation accruing from the date paternity is established, if 6 the biological father is made a party to the action. 7 5. An action brought under this section shall be heard and 8 decided by the court, and shall not be subject to a jury trial. 9 6. a. 5. If the court determines that test results 10 conducted in accordance with section 600B.41 or chapter 252F 11 exclude the established father as the biological father, the 12 court may dismiss the action to overcome paternity and preserve 13 the paternity determination only if all of the following apply: 14 (1) a. The established father or the child’s guardian 15 ad litem requests that paternity be preserved and that the 16 parent-child relationship, as defined in section 600A.2, be 17 continued. 18 (2) b. The court finds that it is in the best interest 19 of the child to preserve paternity. In determining the best 20 interest of the child, the court shall consider all of the 21 following: 22 (a) (1) The age of the child. 23 (b) (2) The length of time since the establishment of 24 paternity. 25 (c) (3) The previous relationship between the child and the 26 established father, including but not limited to the duration 27 and frequency of any time periods during which the child and 28 established father resided in the same household or engaged in 29 a parent-child relationship as defined in section 600A.2. 30 (d) (4) The possibility that the child could benefit by 31 establishing the child’s actual paternity. 32 (e) (5) Additional factors which the court determines are 33 relevant to the individual situation. 34 (3) The biological father is a party to the action and does 35 -4- LSB 5415XS (6) 83 pf/nh 4/ 10

S.F. 2102 not object to termination of the biological father’s parental 1 rights, or the established father petitions the court for 2 termination of the biological father’s parental rights and the 3 court grants the petition pursuant to chapter 600A . 4 b. If the court dismisses the action to overcome paternity 5 and preserves the paternity determination under this 6 subsection , the court shall enter an order establishing that 7 the parent-child relationship exists between the established 8 father and the child, and including establishment of a support 9 obligation pursuant to section 598.21B and provision of custody 10 and visitation pursuant to section 598.41 . 11 6. The court may dismiss the action to overcome paternity 12 if the biological father is a party to the action and does not 13 object to the termination of the biological father’s parental 14 rights, or if the established father petitions the court for 15 termination of the biological father’s parental rights and the 16 court grants the petition pursuant to chapter 600A. 17 7. If the court dismisses the action to overcome paternity 18 and preserves the paternity determination under subsection 5 19 or 6, the court shall enter an order establishing that the 20 parent-child relationship exists between the established father 21 and the child, and establish a support obligation pursuant to 22 section 598.21B and provide for custody and visitation pursuant 23 to section 598.41. 24 8. Notwithstanding any provision of law to the contrary, 25 a child, mother, or established father may have a fundamental 26 right to maintain the established family free from an action 27 to overcome paternity by a putative father. At any time in an 28 action to overcome paternity of a child under this section, 29 upon the motion of a party or guardian ad litem, the court may 30 refuse to order blood or genetic testing, if blood or genetic 31 testing has not yet been ordered, and dismiss the action if 32 the court, after hearing evidence, determines that it is not 33 in the best interest of the child to determine the identity of 34 the child’s biological father. 35 -5- LSB 5415XS (6) 83 pf/nh 5/ 10

S.F. 2102 7. 9. a. For any order entered under this section on 1 or before May 21, 1997, in which the court’s determination 2 excludes the established father as the biological father but 3 dismisses the action to overcome paternity and preserves 4 paternity, the established father may petition the court to 5 issue an order which provides all of the following: 6 (1) That the parental rights of the established father are 7 terminated. 8 (2) That the established father is relieved of any and all 9 future support obligations owed on behalf of the child from the 10 date the order under this subsection is filed. 11 b. The established father may proceed pro se under this 12 subsection. The supreme court shall prescribe standard forms 13 for use under this subsection and shall distribute the forms to 14 the clerks of the district court. 15 c. If a petition is filed pursuant to this section and 16 notice is served on any parent of the child not filing the 17 petition and any assignee of the support obligation, the court 18 shall grant the petition. 19 8. 10. The costs of testing, the fee of the guardian ad 20 litem, and all court costs shall be paid by the person bringing 21 the action to overcome paternity. 22 9. 11. This section shall not be construed as a basis 23 for termination of an adoption decree or for discharging the 24 obligation of an adoptive father to an adoptive child pursuant 25 to section 600B.5. 26 10. 12. Unless specifically addressed in an order entered 27 pursuant to this section, provisions previously established by 28 the court order regarding custody or visitation of the child 29 are unaffected by an action brought under this section. 30 11. 13. Participation of the child support recovery unit 31 created in section 252B.2 in an action brought under this 32 section shall be limited as follows: 33 a. The unit shall only participate in actions if services 34 are being provided by the unit pursuant to chapter 252B. 35 -6- LSB 5415XS (6) 83 pf/nh 6/ 10

S.F. 2102 b. When services are being provided by the unit under 1 chapter 252B, the unit may enter an administrative order for 2 blood and genetic tests pursuant to chapter 252F. 3 c. The unit is not responsible for or required to provide 4 for or assist in obtaining blood or genetic tests in any case 5 in which services are not being provided by the unit. 6 d. The unit is not responsible for the costs of blood or 7 genetic testing conducted pursuant to an action brought under 8 this section. 9 e. Pursuant to section 252B.7, subsection 4, an attorney 10 employed by the unit represents the state in any action 11 under this section. The unit’s attorney is not the legal 12 representative of the mother, the established father, or the 13 child in any action brought under this section. 14 14. An action brought under this section shall be heard and 15 decided by the court, and shall not be subject to a jury trial. 16 15. The record and evidence in an action brought under this 17 section shall be subject to the following provisions: 18 a. Any hearing, discovery proceeding, or trial relating to 19 overcoming paternity shall be closed to any person other than 20 those persons necessary to the action or proceeding. Until an 21 order has been entered, the record and evidence shall be closed 22 to all but the court, its officers, and the child support 23 recovery unit of the department of human services pursuant to 24 section 252B.9. However, the payment records of any support 25 order, whether maintained by the clerk of the district court or 26 the department of human services, are public records and may 27 be released upon request. Payment records shall not include 28 address or location information. No other person shall permit 29 a copy of any of the testimony, pleadings, or the substance of 30 any testimony or pleadings, to be made available to any person 31 other than a party to the action or a party’s attorney. This 32 paragraph shall not be construed to prohibit publication of the 33 original notice as provided by the rules of civil procedure. 34 b. The court may in its discretion grant a motion by a party 35 -7- LSB 5415XS (6) 83 pf/nh 7/ 10

S.F. 2102 to require the sealing of any other information or evidence 1 which is part of the record of the case except for court 2 orders, decrees, and any judgments. If the court grants a 3 motion to require the sealing of information in the case, the 4 sealed information shall not subsequently be made available 5 to any person other than a party to the action or a party’s 6 attorney except upon order of the court for good cause shown. 7 c. If an action is dismissed, judgment for costs shall be 8 entered in the judgment docket and lien index. 9 d. A violation of the provisions of this subsection is a 10 serious misdemeanor. 11 EXPLANATION 12 This bill relates to actions to overcome paternity. The 13 bill provides that in addition to the mother of the child, 14 the established father of the child, the child, or a legal 15 representative of any of these parties, a putative father may 16 petition to overcome paternity. A putative father is defined 17 as a man who is alleged to be or who claims to be the biological 18 father of a child born to a woman to whom the man is not married 19 at the time of the birth of the child. The bill also requires 20 that notice of an action to overcome paternity be served on 21 any necessary party, which is defined in the bill to mean any 22 person whose name, residence, and domicile is required to be 23 included in the petition to overcome paternity, any putative 24 father, and any unknown putative father, but does not include 25 any living parent or putative father if the court determines 26 domestic abuse involving any such living parent or putative 27 father exists as specified by law. 28 The bill provides that if the court finds that the 29 establishment of paternity is overcome, the court may enter an 30 order which, in addition to relieving the established father 31 of any and all future support obligations and satisfying any 32 unpaid support due to date, also establishes the support 33 obligation of the biological father from the date paternity is 34 established. The bill provides that in the alternative the 35 -8- LSB 5415XS (6) 83 pf/nh 8/ 10

S.F. 2102 court may dismiss the action to overcome paternity and preserve 1 paternity of the established father if the court finds that the 2 established father or the child’s guardian ad litem requests 3 that paternity be preserved and the parent-child relationship 4 be continued and that this is in the best interest of the 5 child. The court may also dismiss the action to overcome 6 paternity and preserve paternity of the established father if 7 the biological father is a party to the action and does not 8 object to the termination of the biological father’s parental 9 rights or if the established father petitions the court for 10 termination of the biological father’s parental rights and the 11 court grants the petition. If the court dismisses the action 12 and preserves paternity of the established father, the court is 13 also directed to enter an order establishing the parent-child 14 relationship between the child and the established father and 15 establishing a support obligation and provide for custody and 16 visitation. 17 The bill states that notwithstanding any provision of law to 18 the contrary, a child, mother, or established father may have a 19 fundamental right to maintain the established family free from 20 an action to overcome paternity by a putative father. At any 21 time in an action to overcome paternity of a child, upon the 22 motion of a party or guardian ad litem, the court may refuse 23 to order blood or genetic testing, if blood or genetic testing 24 has not yet been ordered, and dismiss the action if the court, 25 after hearing evidence, determines that it is not in the best 26 interest of the child to determine the identity of the child’s 27 biological father. 28 The bill adds provisions relating to the record and evidence 29 in an action to overcome paternity to provide that any hearing, 30 discovery proceeding, or trial relating to overcoming paternity 31 shall be closed to any person other than those necessary to 32 the action or proceeding. Until an order has been entered, 33 the record and evidence shall be closed to all but the court, 34 its officers, and the child support recovery unit with the 35 -9- LSB 5415XS (6) 83 pf/nh 9/ 10

S.F. 2102 exception of payment records of any support order, which are 1 public records and may be released upon request. The bill also 2 prohibits any other person from permitting a copy of any of 3 the testimony, pleadings, or the substance of any testimony 4 or pleadings, to be made available to any person other than a 5 party to the action or a party’s attorney, but this provision 6 is not to be construed to prohibit publication of the original 7 notice as provided by the rules of civil procedure. The 8 bill also provides that the court may in its discretion 9 grant a motion by a party to require the sealing of any other 10 information or evidence which is part of the record of the case 11 except for court orders, decrees, and any judgments; provides 12 that if an action is dismissed judgment for costs shall be 13 entered in the judgment docket and lien index; and provides 14 that a violation of the provisions relating to disclosure of 15 this information is a serious misdemeanor. 16 -10- LSB 5415XS (6) 83 pf/nh 10/ 10