S.F. 397 Section 1. Section 600B.4, Code 2023, is amended to read as 1 follows: 2 600B.4 Recovery by others than mother. 3 The obligation of the father as hereby provided in this 4 chapter creates also a cause of action on behalf of the legal 5 representative of the mother, or on behalf of third persons 6 furnishing support or defraying the reasonable expenses thereof 7 of the mother , where paternity has been judicially established 8 by proceedings brought by the mother or by or on behalf of 9 the child or by the authorities charged with its the child’s 10 support, or where paternity has been acknowledged by the father 11 in writing , established by the father through blood or genetic 12 testing conducted in accordance with section 600B.41 or chapter 13 252F, or by the part performance of the obligations imposed 14 upon him the father . 15 Sec. 2. Section 600B.6, Code 2023, is amended to read as 16 follows: 17 600B.6 Liability of the father’s estate. 18 The obligation of the father, when his the father’s 19 paternity has been judicially established in his the father’s 20 lifetime, established by the father through blood or genetic 21 testing, or has been acknowledged by him the father in writing 22 or by the part performance of his the father’s obligations, is 23 enforceable against his the father’s estate in such an amount 24 as the court may determine, having regard to upon consideration 25 of the age of the child, the ability of the mother to support 26 it the child , the amount of property left by the father, the 27 number, age, and financial condition of the lawful issue, if 28 any, and the rights of the widow, if any. The court may direct 29 the discharge of the obligation by periodical payments or by 30 the payment of a lump sum. 31 Sec. 3. Section 600B.8, Code 2023, is amended to read as 32 follows: 33 600B.8 Who may institute proceedings. 34 The proceedings may be brought by the mother, or other 35 -1- LSB 2038XS (2) 90 pf/rh 1/ 6

S.F. 397 interested person, by the alleged father, or if the child is 1 or is likely to be a public charge, by the authorities charged 2 with its the child’s support. After the death of the mother 3 or in case of her the mother’s disability, it the proceedings 4 may also be brought by the child acting through its the child’s 5 guardian or next friend. 6 Sec. 4. Section 600B.9, Code 2023, is amended to read as 7 follows: 8 600B.9 Time of instituting proceedings. 9 The proceedings may be instituted during the pregnancy of 10 the mother or after the birth of the child, but, except with 11 the consent of all parties, the trial shall not be held until 12 after the birth of the child and shall be held no earlier than 13 twenty days from the date the alleged father or the mother is 14 served with notice of the action or, if blood or genetic tests 15 are conducted, no earlier than thirty days from the date the 16 test results are filed with the clerk of the district court as 17 provided under section 600B.41 . 18 Sec. 5. Section 600B.11, Code 2023, is amended to read as 19 follows: 20 600B.11 Nonresident complainant. 21 It is not a bar to the jurisdiction of the court, that the 22 complaining mother or child complainant resides in another 23 state. 24 Sec. 6. Section 600B.13, Code 2023, is amended to read as 25 follows: 26 600B.13 Form of complaint —— verification. 27 The complaint may be made in writing, or oral orally and 28 in the presence of the complainant reduced to writing by the 29 prosecuting attorney. It The complaint shall be verified by 30 oath or affirmation of the complainant. 31 Sec. 7. Section 600B.14, Code 2023, is amended to read as 32 follows: 33 600B.14 Substance of complaint. 34 1. The mother or child who is the complainant shall charge 35 -2- LSB 2038XS (2) 90 pf/rh 2/ 6

S.F. 397 the person named as defendant with being the father of the 1 child. 2 2. The alleged father who is the complainant shall allege 3 that he is the father of the child. 4 Sec. 8. Section 600B.16, Code 2023, is amended to read as 5 follows: 6 600B.16 Lis pendens. 7 From the time of the filing of such a complaint, a lien shall 8 be created upon the real property of the accused alleged father 9 in the county where the action is pending for the payment of 10 any money and the performance of any order adjudged by the 11 proper court. 12 Sec. 9. Section 600B.17, Code 2023, is amended to read as 13 follows: 14 600B.17 Writ of attachment. 15 The district court may order an attachment to issue thereon 16 on the real property upon which a lien is created without 17 bond , which order . The order shall specify the amount of real 18 property to be seized thereunder , and may be revoked at any 19 time by such the court on a showing made for a revocation of the 20 same order , and on such terms as such the court may deem deems 21 proper in the premises . 22 Sec. 10. Section 600B.21, Code 2023, is amended to read as 23 follows: 24 600B.21 Death, absence , or mental illness of mother or 25 alleged father —— testimony receivable. 26 If after the complaint is filed, the complainant mother or 27 alleged father dies or becomes mentally ill or cannot be found 28 within the jurisdiction, the proceeding does not abate, but the 29 child shall be substituted as the complainant. The testimony 30 of the mother or alleged father taken by deposition as in other 31 civil cases, may in any such case be read as evidence and in all 32 cases shall be read as evidence if demanded by the defendant. 33 Sec. 11. Section 600B.22, Code 2023, is amended to read as 34 follows: 35 -3- LSB 2038XS (2) 90 pf/rh 3/ 6

S.F. 397 600B.22 Death of defendant. 1 In case of the death of the defendant the action may be 2 prosecuted against the personal representative of the deceased 3 with like effects as if the defendant were living, subject as 4 regards the measure with regard to the amount of support to the 5 provision of section 600B.6 . 6 Sec. 12. Section 600B.24, Code 2023, is amended to read as 7 follows: 8 600B.24 Judgment in general. 9 1. If the defendant alleged father , after being served 10 with notice as required under section 600B.15 , fails to timely 11 respond to the notice, or to appear for blood or genetic tests 12 pursuant to a court or administrative order, or to appear at a 13 scheduled hearing after being provided notice of the hearing, 14 the court shall find the defendant alleged father in default 15 and enter a default judgment. 16 2. Upon a finding of paternity against or for the defendant 17 alleged father , the court shall enter a judgment against 18 the defendant declaring paternity of the alleged father and 19 ordering support of the child. 20 Sec. 13. Section 600B.29, Code 2023, is amended to read as 21 follows: 22 600B.29 Desertion statute applicable. 23 The provisions of sections 726.3 through 726.5 relating to 24 desertion and abandonment of children, have the same effect 25 in cases of illegitimacy where paternity has been judicially 26 established, has been established by the father through blood 27 or genetic testing, or has been acknowledged by the father 28 in writing or by the furnishing of support, as in cases of 29 children born in wedlock. 30 Sec. 14. Section 600B.36, Code 2023, is amended to read as 31 follows: 32 600B.36 Report to registrar of vital statistics. 33 Upon the entry of a judgment determining the paternity of a 34 child the clerk of the district court shall notify in writing 35 -4- LSB 2038XS (2) 90 pf/rh 4/ 6

S.F. 397 the state registrar of vital statistics of the name of the 1 person against whom such judgment has been entered father , 2 together with such other facts disclosed by the records as may 3 assist in identifying the record of the birth of the child as 4 the same may appear in the office of said the state registrar. 5 If such the judgment shall is thereafter be vacated , that fact 6 the vacating of the order shall be reported by the clerk in the 7 same manner. 8 Sec. 15. Section 600B.41, subsection 1, Code 2023, is 9 amended to read as follows: 10 1. In a proceeding to establish paternity in law or in 11 equity the court may on its own motion, and upon request of a 12 party , including a mother or an alleged father shall, require 13 the child, mother, and alleged father to submit to blood or 14 genetic tests, except that if the mother and child previously 15 submitted blood or genetic specimens in a prior action to 16 establish paternity against a different alleged father, the 17 previously submitted specimens and prior results, if available, 18 may be utilized for testing in this action. A mother or 19 alleged father requesting the tests shall file with the court 20 an affidavit either alleging or denying paternity and setting 21 forth facts that establish the reasonable possibility that 22 there was, or was not, the requisite sexual contact between the 23 parties. 24 EXPLANATION 25 The inclusion of this explanation does not constitute agreement with 26 the explanation’s substance by the members of the general assembly. 27 This bill amends Code chapter 600B (paternity and obligation 28 for support) to allow for both a mother or a child and an 29 alleged father of a child to file a complaint to establish 30 paternity of a child and an obligation for support of the 31 child. Under current law, the proceedings under Code chapter 32 600B may be brought only by the mother, or other interested 33 person, or if the child is or is likely to be a public charge, 34 by the authorities charged with the child’s support. The 35 -5- LSB 2038XS (2) 90 pf/rh 5/ 6

S.F. 397 bill provides that an alleged father may also initiate the 1 proceedings, and makes conforming changes throughout the Code 2 chapter to provide that the alleged father may also be the 3 complainant or plaintiff. 4 The bill also specifically includes an alleged father as a 5 party that may request blood or genetic testing in a proceeding 6 to establish paternity, and provides that a mother or alleged 7 father requesting the testing shall file with the court an 8 affidavit either alleging or denying paternity and setting 9 forth facts that establish the reasonable possibility that 10 there was, or was not, the requisite sexual contact between the 11 parties. 12 -6- LSB 2038XS (2) 90 pf/rh 6/ 6