HF 511 (LSB 1223YH (4) 91)

HOUSE FILE 511

BY  WILLS

A BILL FOR

An Act relating to a father’s obligation for payment of expenses including those related to a mother’s pregnancy and the birth of a child born out of wedlock.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 252A.6A, subsection 1, paragraph a, Code 2025, is amended to read as follows:
   a.  Except with the consent of all parties, the trial shall not be held until after the birth of the child and shall be held no earlier than twenty days from the date the respondent is served with notice of the action or, if. Any blood or genetic tests of the child, mother, or alleged father shall not be conducted until after the child’s birth. If blood or genetic tests are conducted, the trial shall be held no earlier than thirty days from the date the test results are filed with the clerk of the district court as provided under section 600B.41.
    Sec. 2.  Section 600B.1, Code 2025, is amended to read as follows:
   600B.1  Obligation of parents.
   The parents of a child born out of wedlock and not legitimized (in this chapter referred to as “the child”) owe the child necessary maintenance, education, and support. They The parents are also liable for the child’s funeral expenses. The father is also liable to pay the expense expenses of the mother’s pregnancy and confinement the child’s birth.
    Sec. 3.  Section 600B.4, Code 2025, is amended to read as follows:
   600B.4  Recovery by others than mother.
   The obligation of the father as hereby provided also creates also a cause of action on behalf of the legal representative of the mother, or on behalf of third persons furnishing support or defraying the reasonable expenses thereof of support, where paternity has been judicially established by proceedings brought by the mother or by or on behalf of the child or by the authorities charged with its the child’s support, or where paternity has been acknowledged by the father in writing or by the part performance of the obligations imposed upon him the father.
    Sec. 4.  Section 600B.6, Code 2025, is amended to read as follows:
   600B.6  Liability of the father’s estate.
   The obligation of the father, when his paternity has been judicially established in his lifetime, or has been acknowledged by him in writing or by the part performance of his obligations, is enforceable against his the father’s estate in such an amount as the court may determine determined by the court, having regard to considering the age of the child, the ability of the mother to support it the child, the amount of property left by the father, the number, age, and financial condition of the lawful issue, if any, and the rights of the widow, if any. The court may direct the discharge of the obligation by periodical payments or by the payment of a lump sum.
    Sec. 5.  Section 600B.7, Code 2025, is amended to read as follows:
   600B.7  Proceedings to establish paternity.
   Proceedings to establish paternity and to compel support by the father may be brought in accordance with the provisions of this chapter. They The proceedings shall not be exclusive of other proceedings that may be available on principles of law and equity.
    Sec. 6.  Section 600B.8, Code 2025, is amended to read as follows:
   600B.8  Who may institute proceedings.
   The proceedings may be brought by the mother, or other interested person, or if the child is or is likely to be a public charge, by the authorities charged with its the child’s support. After the death of the mother or in In the case of her the mother’s death or disability, it the proceedings may also be brought by the child acting through its the child’s guardian or next friend.
    Sec. 7.  Section 600B.9, Code 2025, is amended to read as follows:
   600B.9  Time of instituting proceedings.
   The proceedings may be instituted during the pregnancy of the mother or after the birth of the child, but, except with the consent of all parties, the trial shall not be held until after the birth of the child and shall be held no earlier than twenty days from the date the alleged father is served with notice of the action or, if. Any blood or genetic tests of the child, mother, or alleged father shall not be conducted until after the child’s birth. If blood or genetic tests are conducted, the trial shall be held no earlier than thirty days from the date the test results are filed with the clerk of the district court as provided under section 600B.41.
    Sec. 8.  Section 600B.13, Code 2025, is amended to read as follows:
   600B.13  Form of complaint —— verification.
   The complaint may be made in writing, or oral orally and in the presence of the complainant reduced to writing by the prosecuting attorney. It The complaint shall be verified by oath or affirmation of the complainant.
    Sec. 9.  Section 600B.16, Code 2025, is amended to read as follows:
   600B.16  Lis pendens.
   From the time of the filing of such a complaint, a lien shall be created upon the real property of the accused defendant in the county where the action is pending for the payment of any money and the performance of any order adjudged by the proper court.
    Sec. 10.  Section 600B.17, Code 2025, is amended to read as follows:
   600B.17  Writ of attachment.
   The district court may order an attachment to issue thereon upon the real property of the defendant without bond, which. The order shall specify the amount of property to be seized thereunder, and may be revoked at any time by such the court on a showing made for a revocation of the same order, and on such terms as such the court may deem proper in the premises.
    Sec. 11.  Section 600B.19, Code 2025, is amended to read as follows:
   600B.19  County attorney to prosecute.
   The county attorney, on upon being notified of the facts justifying a complaint as provided in this chapter, or of the filing of such a complaint, shall prosecute the matter in on behalf of the complainant.
    Sec. 12.  Section 600B.21, Code 2025, is amended to read as follows:
   600B.21  Death, absence or mental illness, or absence of mother —— testimony receivable.
   If after the complaint is filed the mother dies or becomes mentally ill, is diagnosed with a mental illness, or cannot be found within the jurisdiction, the proceeding does not abate, but the child shall be substituted as the complainant. The testimony of the mother taken by deposition as in other civil cases, may in any such case be read as evidence and in all cases such testimony shall be read as evidence if demanded by the defendant.
    Sec. 13.  Section 600B.22, Code 2025, is amended to read as follows:
   600B.22  Death of defendant.
   In case of the death of the defendant, the action may be prosecuted against the personal representative of the deceased with like effects as if the defendant were living, subject as regards to the measure amount of support to the provision of determined by the court under section 600B.6.
    Sec. 14.  Section 600B.25, Code 2025, is amended to read as follows:
   600B.25  Form of judgment —— contents of support order —— medical support —— uncovered medical expenses —— other expenses related to pregnancy and birth —— evidence —— costs.
   1.  Upon a finding of paternity pursuant to section 600B.24, the all of the following shall apply:
   a.  The court shall establish the father’s monthly child support payment and the amount of the support debt accrued or accruing pursuant to section 598.21B, and shall establish medical support pursuant to chapter 252E. The child support obligation shall include support of the child between the ages of eighteen and nineteen years if the child is engaged full-time in completing high school graduation or equivalency requirements in a manner which is reasonably expected to result in completion of the requirements prior to the person reaching nineteen years of age.
   b.  The court may order the father to pay amounts the court deems appropriate for the past support and maintenance of the child and for the reasonable and necessary uncovered medical expenses incurred by or for the mother in connection with prenatal care, the mother’s pregnancy and the birth of the child, and postnatal care of the child and the mother, and other medical support as defined in section 252E.1.  Absent good cause or agreement of the parties, any amount the court orders the father to pay toward uncovered medical expenses related to the mother’s pregnancy and the birth of the child shall be established in proportion to each parent’s respective net income as calculated under the child support guidelines established pursuant to section 598.21B, and shall take into account any amount the father previously paid toward such uncovered medical expenses.
   c.  The court may order the father to pay a separate amount toward any other reasonable and necessary expenses incurred by the mother related to the mother’s pregnancy prior to the birth of the child, and incurred by the mother to provide essential items for the health, well-being, and safety of the newborn.
   d.  The court may award the prevailing party the reasonable costs of suit, including but not limited to reasonable attorney fees.
   2.  A copy of a bill for the costs of prenatal care or uncovered medical expenses incurred by or for the mother in connection with the mother’s pregnancy and the birth of the child shall be admitted as evidence, without requiring third-party foundation testimony, and shall constitute prima facie evidence of amounts incurred.
    Sec. 15.  Section 600B.39, Code 2025, is amended to read as follows:
   600B.39  “Child” defined.
   For the purposes of this chapter, “child” means a person born out of wedlock and not legitimized who is less than eighteen years of age.
    Sec. 16.  Section 600B.41, subsection 1, Code 2025, is amended to read as follows:
   1.  In a proceeding to establish paternity in law or in equity the court may on its own motion, and upon request of a party shall, require the child, mother, and alleged father to submit to blood or genetic tests, except that if the mother and child previously submitted blood or genetic specimens in a prior action to establish paternity against a different alleged father, the previously submitted specimens and prior results, if available, may be utilized for testing in this action.  Any blood or genetic tests of the child, mother, or alleged father shall not be conducted until after the child’s birth.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the obligation of parents of a child born out of wedlock for support.
   The bill amends Code chapter 600B (paternity and obligation for support) to provide that the court shall establish medical support pursuant to Code chapter 252E (medical support) and may order the payment of the reasonable and necessary uncovered medical expenses incurred by or for the mother in connection with the mother’s pregnancy and the birth of the child. The bill provides that absent good cause or agreement of the parties, any amount the court orders the father to pay toward uncovered medical expenses related to the mother’s pregnancy and the birth of the child shall be established in proportion to each parent’s respective net income as calculated under the child support guidelines established pursuant to Code section 598.21B (orders for child support and medical support) and shall take into account any amount the father previously paid toward such expenses. Additionally, the bill provides that the court may order the father to pay a separate amount toward any other reasonable and necessary expenses incurred by the mother related to the mother’s pregnancy prior to the birth of the child, and incurred by the mother to provide essential items for the health, well-being, and safety of the newborn.
   Under current law, upon the court’s own motion or upon a request of a party, the court shall require a child, mother, and alleged father to submit to blood or genetic tests to establish paternity. The bill provides that any blood or genetic tests for a child, mother, or alleged father shall not be conducted until after the birth of the child.
   The bill makes conforming and other changes in Code chapter 600B consistent with the bill.