SB 1147 Modifies the law on the establishment of paternity
Sponsor: Koster
LR Number: 4816S.01I Fiscal Note: 4816-01
Committee: Pensions, Veterans' Affairs and General Laws
Last Action: 2/20/2008 - Second Read and Referred S Pensions, Veterans' Affairs and General Laws Committee Journal Page: S317
Title: Calendar Position:
Effective Date: August 28, 2008

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Current Bill Summary


SB 1147 - This act provides that a petitioner may at any time file a petition to challenge entry of a judgment of paternity and child support upon filing an affidavit stating that evidence exists which was not considered before entry of judgment. Such petition shall also include either an allegation that genetic testing was conducted within the past 90 days using DNA methodology, was performed by an expert, and that the test results indicate a 99% or greater probability that the petitioner is not the child's father or a request to the court for an order of genetic paternity testing using DNA methodology.

The court, after a hearing where all interested parties have been given an opportunity to present evidence and be heard and upon a finding of probable cause to believe the testing may result in a determination of non-paternity, may order the relevant parties to submit to genetic paternity testing. The petitioner shall pay for the costs of testing.

The court shall grant relief and enter judgment setting aside the previous judgment of paternity and child support, including a previous acknowledgment of paternity, extinguish any existing child support arrearage, and order the department of health and senior services to modify the child's birth certificate accordingly upon a finding that the genetic test was properly conducted, accurate, and indicates a 99% or greater probability that the petitioner is not the child's father. The provisions of this act shall not apply to grant relief to the parent of any adopted child nor shall such provisions be construed to create a cause of action to recover child support or state debt previously paid under court order. The petitioner shall not have a right for reimbursement of any monies paid previously under said order.

This act is similar to SCS/SB 55 (2007).

ADRIANE CROUSE