AB 166

This bill creates a new presumption of paternity and a new way to conclusively

determine paternity under the law using genetic testing. The bill also generally

requires the court in a paternity action to order genetic testing. Also, the bill allows

a court that determines that a judicial determination of whether a man is the father

of the child is not in the best interest of the child to dismiss the paternity action with

respect to that man, regardless of whether genetic tests have already been performed

or what the results of those genetic tests were.

Under current law, a court may adjudicate a man to be a child's father in a

paternity action, or a man and a child's mother may sign and file a statement

acknowledging paternity with the state registrar. Both cases result in a conclusive

determination that the man is the child's father, and the state registrar may change

the child's birth record to show the man as the child's father and a court may enter

orders for child support, legal custody, and physical placement rights with respect

to the man.

Under the bill, a man is conclusively determined to be a child's father if all of

the following are satisfied: 1) genetic tests are performed with respect to the child,

the child's mother, and the man in response to a subpoena issued by a county child

support agency requiring the parties to submit to the tests; 2) the test results show

that the man is not excluded as the father and the statistical probability that he is

the father is 99 percent or higher; 3) both the mother and the man are at least 18

years old; and 4) there is no marriage or statement acknowledging paternity

presumption. If all of those requirements are satisfied, the child support agency

must send notice to the parties advising of the test results, that an action may be

commenced for orders related to child support, legal custody, and physical

placement, and that either party may submit to the child support agency a written

objection to the test results. If either party submits an objection, the child support

agency must commence a paternity action on behalf of the state and the test results

are admissible in the action. If neither party submits an objection by the time

specified in the notice, the child support agency must file with the state registrar a

report of the test results, showing a conclusive determination of paternity. On the

basis of the report, the state registrar must insert the name of the father on the child's

original birth record if the father's name was omitted.

Under the bill, if genetic test results conclusively determine a man to be a child's

father and neither the mother nor the man submits an objection after receiving

notice, an action may be brought for child support, legal custody, and physical

placement. The court may also require the man to pay or contribute to the reasonable

expenses of the mother's pregnancy, require either the man or mother to pay or

contribute to the other party's attorney fees, and change the child's name upon the

request of one or both of the parties.

Current law also contains presumptions of paternity. There is a presumption