SF 81 (LSB 1779XS (6) 91)

SENATE FILE 81

BY  EVANS

A BILL FOR

An Act relating to paternity and the obligation of parents for support of children.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 600B.4, Code 2025, is amended to read as follows:
   600B.4  Recovery by others than a child’s mother.
   The obligation of the father as hereby provided creates in this chapter also creates a cause of action on behalf of the legal representative of the child’s mother, or on behalf of third persons furnishing support or defraying the reasonable expenses thereof of the mother, 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, established by the father through blood or genetic testing conducted in accordance with section 600B.41 or chapter 252F, or by the part performance of the obligations imposed upon him the father.
    Sec. 2.  Section 600B.6, Code 2025, is amended to read as follows:
   600B.6  Liability of the father’s estate of a child’s father.
   The obligation of the a child’s father, when his the father’s paternity has been judicially established in his the father’s lifetime, established by the father through blood or genetic testing, or has been acknowledged by him the father in writing or by the part performance of his the father’s obligations, is enforceable against his the father’s estate in such an amount as the court may determine, having regard to upon consideration of 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 father’s lawful issue, if any, and the rights of the father’s widow, if any. The court may direct the discharge of the obligation by periodical payments or by the payment of a lump sum.
    Sec. 3.  Section 600B.8, Code 2025, is amended to read as follows:
   600B.8  Who may institute proceedings.
   The proceedings may be brought by the child’s mother, or other an interested person, the alleged father of the child, 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 case of her disability if the mother becomes disabled, it the proceedings may also be brought by the child acting through its the child’s guardian or next friend legal representative.
    Sec. 4.  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 child’s 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 child’s alleged father or the mother is served with notice of the action or, if blood or genetic tests are conducted, 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. 5.  Section 600B.11, Code 2025, is amended to read as follows:
   600B.11  Nonresident complainant.
   It is not a bar to the jurisdiction of the court, that the complaining mother or child complainant resides in another state.
    Sec. 6.  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. 7.  Section 600B.14, Code 2025, is amended to read as follows:
   600B.14  Substance of complaint.
   1.  The If the complainant is the child’s mother or the child, the complaint shall charge allege the person named as defendant with being is the father of the child.
   2.  If an alleged father is the complainant, the complaint shall allege that the complainant is the father of the child.
    Sec. 8.  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 child’s alleged father in the county where the action is pending for the payment of any money and the performance of any court order adjudged by the proper court.
    Sec. 9.  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 on the real property upon which a lien is created without bond, which order. The order shall specify the amount of real 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 deems proper in the premises.
    Sec. 10.  Section 600B.21, Code 2025, is amended to read as follows:
   600B.21  Death, absence, or mental illness of a child’s mother or alleged father —— testimony receivable.
   If after the complaint is filed the mother complainant dies, or becomes mentally ill, 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 child’s mother or alleged father taken by deposition as in other civil cases, may in any such case be read as evidence and in all cases shall be read as evidence if demanded by the defendant.
    Sec. 11.  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 the measure of for purposes of determining support to the provision of under section 600B.6.
    Sec. 12.  Section 600B.24, Code 2025, is amended to read as follows:
   600B.24  Judgment in general.
   1.  If the defendant child’s alleged father, after being served with notice as required under section 600B.15, fails to timely respond to the notice, or to appear for blood or genetic tests pursuant to a court or administrative order, or to appear at a scheduled hearing after being provided notice of the hearing, the court shall find the defendant alleged father in default and enter a default judgment an appropriate order.
   2.  Upon a finding of paternity against or for the defendant child’s alleged father, the court shall enter a judgment against the defendant declaring paternity of the alleged father and ordering support of the child.
    Sec. 13.  Section 600B.29, Code 2025, is amended to read as follows:
   600B.29  Desertion statute applicable.
   The provisions of sections 726.3 through 726.5 relating to desertion and abandonment of children, have the same effect in cases of illegitimacy where paternity has been judicially established, has been established through blood or genetic testing, or has been acknowledged by the child’s father in writing or by the furnishing of support, as in cases of children born in wedlock.
    Sec. 14.  Section 600B.36, Code 2025, is amended to read as follows:
   600B.36  Report to registrar of vital statistics.
   Upon the entry of a judgment determining the paternity of a child, the clerk of the district court shall notify in writing send written notice to the state registrar of vital statistics of the name of the person against whom such judgment has been entered, together with such father and other facts disclosed by the records as that may assist in identifying the child’s birth record of the birth of the child as the same may appear in the office of said registrar. If such the judgment shall thereafter be is vacated that fact, the vacating order shall be reported by the clerk in the same manner.
    Sec. 15.  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 including the child’s mother or alleged father, 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.  The mother or the child’s alleged father requesting the tests shall file an affidavit with the court that alleges or denies paternity and contains facts that establish the reasonable possibility that there was, or was not, the requisite sexual contact between the mother and the alleged father.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill amends Code chapter 600B (paternity and obligation for support) to allow an alleged father of a child, the child’s mother, or the child to file a complaint to establish paternity of the child and an obligation for support of the child. Under current law, the proceedings under Code chapter 600B may be brought only 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 the child’s support. The bill makes conforming changes throughout the Code chapter to provide that the alleged father may also be the complainant or plaintiff.
   The bill includes an alleged father as a party that may request blood or genetic testing in a proceeding to establish paternity, and provides that a mother or alleged father requesting the testing shall file an affidavit with the court that alleges or denies paternity and contains facts that establish the reasonable possibility that there was, or was not, the requisite sexual contact between the mother and the alleged father.