2018 -- H 7226

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LC003057

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

RELATING TO DOMESTIC RELATIONS -- UNIFORM PARENTAGE ACT

     Introduced By: Representatives McEntee, Craven, Ruggiero, Knight, and Lombardi

     Date Introduced: January 18, 2018

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 15-8 of the General Laws entitled "Uniform Law on Paternity" is

hereby repealed in its entirety.

CHAPTER 15-8

Uniform Law on Paternity

     15-8-1. Obligations of the father.

     The father of a child which is or may be born out of lawful wedlock is liable to the same

extent as the father of a child born in lawful wedlock, whether or not the child is born alive, for

the reasonable expense of the mother's pregnancy and confinement, and the education, necessary

support and maintenance, and medical and funeral expenses of the child and for reasonable

counsel fees for the prosecution of paternity proceedings. A child born out of lawful wedlock also

includes a child born to a married woman by a man other than her lawful husband.

     15-8-2. Enforcement.

     Paternity may be determined upon the complaint of the father, mother, the child, or the

public authority chargeable by law with the support of the child. If paternity has been determined

or has been acknowledged according to the laws of Rhode Island, the liabilities of the father may

be enforced in the same or other proceedings by the mother, the child, or the public authority

which has furnished or may furnish the reasonable expenses of pregnancy, confinement,

education, necessary support, or funeral expenses, and by other persons, including private

agencies, to the extent that they have furnished the reasonable expenses of pregnancy,

confinement, education, necessary maintenance and support, or funeral expenses.

     15-8-3. Presumption of paternity.

     (a) A man is presumed to be the natural father of a child if:

     (1) He and the child's natural mother are or have been married to each other and the child

is born during the marriage, or within three hundred (300) days after the marriage is terminated

by death, annulment, declaration of invalidity, or divorce, or after a decree of separation is

entered by a court;

     (2) Before the child's birth, he and the child's natural mother have attempted to marry

each other by a marriage solemnized in apparent compliance with law, although the attempted

marriage is or could be declared invalid, and:

     (i) If the attempted marriage could be declared invalid only by a court, the child is born

during the attempted marriage, or within three hundred (300) days after its termination by death,

annulment, declaration of invalidity, or divorce; or

     (ii) If the attempted marriage is invalid without a court order, the child is born within

three hundred (300) days after the termination of cohabitation;

     (3) After the child's birth, he and the child's natural mother have married, or attempted to

marry, each other by a marriage solemnized in apparent compliance with law, although the

attempted marriage could be declared invalid, and:

     (i) He has acknowledged his paternity of the child in writing filed with the clerk of the

family court;

     (ii) With his consent, he is named as the child's father on the child's birth certificate; or

     (iii) He is obligated to support the child under a written voluntary promise or by court

order;

     (4) He acknowledges his paternity of the child in a writing filed with the clerk of the

family court, who shall promptly inform the mother of the filing of the acknowledgement, and

she does not dispute the acknowledgement, within a reasonable time after being informed, in a

writing filed with the clerk of the family court. If another man is presumed under this section to

be the child's father, acknowledgement may be effected only with the written consent of the

presumed father or after the presumption has been rebutted. The written acknowledgement of

paternity shall be admissible as evidence of paternity;

     (5) He has submitted to blood testing and the results establish a conclusive presumption

in accordance with § 15-8-11(e); or

     (6) A sworn acknowledgment of paternity of a child born out of wedlock is signed by

both parents on forms prescribed in accordance with § 23-3-9, either at the department of human

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services or division of taxation within the department of administration, and is forwarded to the

state registrar of vital records for the purpose of amending the birth certificate. Before signing the

sworn acknowledgment of paternity, the parents shall be given written notice of their respective

rights and responsibilities. The sworn acknowledgment of paternity becomes a conclusive

presumption if there is no court challenge to this acknowledgement within sixty (60) days of the

signing of this acknowledgment. The only defenses which may be raised to the signing of this

acknowledgment after the sixty (60) day period are fraud, duress or mistake of fact.

     (b) Except for a conclusive presumption under subdivisions (a)(5) and (a)(6) of this

section, a presumption under this section may be rebutted in an appropriate action only by clear

and convincing evidence. If two (2) or more presumptions arise which conflict with each other,

the presumption, which on its facts, is founded on the weightier considerations of policy and logic

controls. The presumption is rebutted by a court decree establishing paternity of the child by

another man.

     15-8-4. Limitation on recovery from the father.

     The father's liabilities for past education and necessary support and maintenance are

limited to a period of six (6) years next preceding the commencement of an action under the

provisions of this chapter.

     15-8-5. Limitations of recovery from father's estate.

     (a) The obligation of the estate of the father for liabilities under §§ 15-8-1 -- 15-8-26 are

limited to those amounts accrued prior to his death. In order to hold the estate of the father liable

under §§ 15-8-1 -- 15-8-26, an action under the provisions of this chapter must have been

commenced during the lifetime of the father.

     (b) This section shall in no way limit the provisions of § 33-1-8, permitting the inheriting

or transmitting inheritance by a child born out of wedlock.

     15-8-6. Statute of limitations.

     An action to determine the existence of the father and child relationship is not barred

until four (4) years after the child reaches the age of majority.

     15-8-7. Jurisdiction and remedies.

     (a) The family court has jurisdiction of an action commenced under §§ 15-8-1 -- 15-8-26,

and all remedies for the enforcement of orders for the expense of pregnancy and confinement for

the mother, and for education, necessary support and maintenance, or funeral expenses for

legitimate children shall apply. The court has continuing jurisdiction to modify or revoke an order

and to increase or decrease amounts fixed by order for future education and necessary support

and maintenance. All remedies under the Uniform Interstate Family Support Act, §§ 15-23.1-101

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-- 15-23.1-903, are available for enforcement of duties of support and maintenance under §§ 15-

8-1 -- 15-8-26.

     (b) A person who has had sexual intercourse in this state submits to the jurisdiction of the

courts of this state as to any action with respect to a child who may have been conceived by that

act of intercourse. In addition, the court may exercise jurisdiction over a nonresident individual

pursuant to § 15-23.1-201. Jurisdiction shall be acquired by service made in accordance with § 9-

5-33.

     15-8-8. Clear and convincing evidence.

     In any action to establish paternity under this chapter, other than an action brought

pursuant to § 15-8-2 or § 15-8-3, the standard that must be met by the plaintiff shall be that of

clear and convincing evidence.

     15-8-8.1. Trial by court.

     Trial shall be by the court.

     15-8-9. Venue.

     The action may be brought in the county in which the child or the alleged father resides

or is found, or, if the father is deceased, in which proceedings for probate of his estate have been

or could be commenced.

     15-8-10. Time of trial.

     If the issue of paternity is raised in an action commenced during the pregnancy of the

mother, the trial shall not, without the consent of the alleged father, be held until after the birth or

miscarriage.

     15-8-11. Parentage tests.

     (a) In a proceeding under this chapter before trial, the court, upon application made by or

on behalf of any party to the action, and supported by sworn affidavit, or on its own motion, shall

order that the mother, child, alleged father, and any other party to the action submit to blood or

tissue typing tests which may include, but are not limited to, tests of red cell antigens, red cell

isoenzymes, human leukocyte antigens, serum proteins, DNA and other genetic testing, to

determine whether the alleged father is likely to be, or is not, the father of the child. The sworn

affidavit must include a statement alleging paternity and setting forth facts establishing a

reasonable possibility of sexual contact during the probable period of conception or a statement

denying paternity and setting forth facts establishing a reasonable possibility of the nonexistence

of sexual contact during the probable period of conception. In a proceeding to establish paternity

and/or support brought pursuant to the Rhode Island state plan for child and spousal support

enforcement, in conformance with title IV, part D of the federal Social Security Act, 42 U.S.C. §

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651 et seq., if the alleged father denies paternity in response to a paternity complaint and provides

a sworn affidavit as provided in this section, the division of taxation within the department of

administration shall have the authority to administratively order the parties to attend a blood or

tissue typing test and schedule blood or tissue typing test for the parties, of the type described in

this section, without the necessity of making application to the court, and the parties shall attend

and submit to a blood or tissue typing test under penalty of default in accordance with § 15-8-

18.1.

     (b) A blood or tissue typing test shall be made by a person the court determines is

qualified as an examiner of blood or tissue types.

     (c) The court shall fix or approve the compensation of any expert at a reasonable amount,

and may direct the compensation to be paid by the state, or by any other party to the case, or by

both, in the proportions and at the times the court prescribes, and that, after payment by a party,

all or part or none of the payment shall be taxed as costs in the action. Before the making of a

blood or tissue typing test, the court may order any part or all of the compensation paid in

advance.

     (d) The result of a blood or tissue typing test and, if a determination of exclusion of

paternity cannot be made, a calculation of the probability of paternity made by a person the court

determines is qualified as an examiner of blood or tissue types based on the result of a blood or

tissue typing test shall be admissible in evidence in the trial of the case. A written report of the

test results, including a calculation of the probability of paternity or a determination of exclusion

of paternity, prepared by the duly qualified expert conducting the test, or by a duly qualified

expert under whose supervision or direction the test and analysis have been performed, certified

by an affidavit duly subscribed and sworn to by him or her before a notary public, may be

introduced into evidence without the need for foundation testimony or other proof of authenticity

or accuracy and without the necessity of calling the expert as a witness, unless an objection

challenging the test procedures or results has been filed within ten (10) days before any hearing at

which the results may be introduced into evidence and a cash bond posted with the registry of the

family court in an amount sufficient to cover the costs of the duly qualified expert to appear and

testify.

     (e) If the results of the blood or tissue typing tests duly admitted into evidence establish a

ninety-seven percent (97%) or greater probability of inclusion that a party is the biological father

of the child, then that probability shall constitute a conclusive presumption of paternity.

     (f) Any reference to "blood test" in this chapter means blood or tissue typing test.

     15-8-12. -- 15-8-14. Repealed.

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     15-8-15. Evidence relating to paternity.

     Evidence relating to paternity may include:

     (1) Evidence of sexual intercourse between the mother and alleged father at any possible

time of conception;

     (2) A written report of blood or tissue typing test results including a calculation of the

probability of paternity as specified under § 15-8-11;

     (3) Medical or anthropological evidence relating to the alleged father's paternity of the

child based on tests performed by experts. If a man has been identified as a possible father of the

child, the court may, and upon motion of a party shall, require the child, the mother, and the man

to submit to appropriate tests;

     (4) All other evidence relevant to the issue of paternity of the child; and

     (5) Copies of bills for parentage testing, and for prenatal and postnatal health care of the

mother and child may be introduced into evidence without the need for foundation testimony or

other proof of authenticity or accuracy and without the necessity of calling the expert as a

witness, unless an objection challenging the test procedures or results has been filed within ten

(10) days before any hearing at which the results may be introduced into evidence and a cash

bond posted with the registry of the family court in an amount sufficient to cover the costs of the

duly qualified expert or witness to appear and testify.

     15-8-16. Civil action.

     (a) An action under this chapter is a civil action governed by the rules of civil procedure.

The mother of the child and the alleged father are competent to testify and may be compelled to

testify.

     (b) Upon refusal of any witness, including a party, to testify under oath or produce

evidence, the court may order him or her to testify under oath and produce evidence concerning

all relevant facts. If the refusal is upon the ground that this, his or her testimony or evidence,

might tend to incriminate him or her, the court may grant him or her immunity from all criminal

liability on account of the testimony or evidence that he or she is required to produce. An order

granting immunity bars prosecution of the witness for any offenses shown in whole or in part by

testimony or evidence that he or she is required to produce, except for perjury committed in his or

her testimony. The refusal of a witness, who has been granted immunity, to obey an order to

testify or produce evidence is a civil contempt of court.

     (c) Testimony of a physician concerning the medical circumstances of the pregnancy and

the condition and characteristics of the child upon birth is not privileged.

     (d) Testimony relating to sexual access to the mother by an unidentified man at any time

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or by an identified man at a time other than the probable time of conception of the child is

inadmissible in evidence, unless offered by the mother.

     (e) In an action against an alleged father, evidence offered by him with respect to a man

who is not subject to the jurisdiction of the court concerning his sexual intercourse with the

mother at or about the probable time of conception of the child is admissible in evidence only if

he has undergone and made available to the court blood or tissue typing tests, the results of which

do not exclude the possibility of his paternity of the child. A man who is identified and is subject

to the jurisdiction of the court shall be made a defendant in the action.

     15-8-17. Hearings and records -- Confidentiality.

     Notwithstanding any other law concerning public hearings and records, any hearing or

trial held under this chapter shall be held in closed court without admittance of any person other

than those necessary to the action of the proceeding. All papers and records, other than the final

judgment pertaining to the action or proceeding, whether part of the permanent record of the court

or elsewhere, are subject to inspection only upon consent of the court and all interested persons,

or in exceptional cases only upon an order of the court for good cause shown.

     15-8-18. Judgments.

     (a) The judgment or order of the court determining the existence or nonexistence of the

parent and child relationship is determinative for all purposes.

     (b) If the judgment or order of the court is at variance with the child's birth certificate, the

court shall order that a new birth certificate be issued in accordance with § 15-8-23.

     (c) The judgment or order may contain any other provision directed against the

appropriate party to the proceeding, concerning the duty of support, the custody and guardianship

of the child, visitation privileges with the child, or any other matter in the best interest of the

child. The judgment or order may direct the father to pay the reasonable expenses of the mother's

pregnancy and confinement.

     (d) Support judgments or orders may be for periodic payments which may vary in

amount. In determining the amount to be paid by a parent for support of the child and the period

during which the duty of support is owed, the court shall consider all relevant facts, including:

     (1) The needs of the child;

     (2) The standard of living and circumstances of the parents;

     (3) The relative financial means of the parents;

     (4) The earning ability of the parents;

     (5) The need and capacity of the child for education, including higher education;

     (6) The age of the child;

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     (7) The financial resources and the earning ability of the child;

     (8) The responsibility of the parents for the support of others; and

     (9) The value of services contributed by the custodial parent.

     15-8-18.1. Entry of default and default judgment.

     (a) In addition to any other basis for entry of default and default judgment provided in the

rules of procedure for domestic relations, the family court shall enter the defendant's default and a

judgment by default in a paternity action under this chapter upon the following conditions:

     (1) Failure to respond to the paternity complaint within twenty (20) days, upon proof

presented that the defendant has been duly served the complaint;

     (2) Failure to appear at a scheduled hearing or trial after being duly notified of the

hearing or trial, upon proof presented that the defendant has been duly served with notice of the

scheduled hearing or trial; or

     (3) Failure to appear or refusal to attend blood testing upon proof presented that the

defendant has been duly notified of the date, time, and place of the testing.

     (b) The court may set aside an entry of default and, if judgment by default has been

entered, may likewise set it aside, in accordance with the rules of procedure for domestic

relations.

     15-8-19. Judgments -- Enforcement.

     (a) If existence of the father and child relationship is declared, or paternity or a duty of

support has been acknowledged or adjudicated under this chapter or under prior law, the

obligation of the father may be enforced in the same or other proceedings by the mother, the

child, the public authority that has furnished or may furnish the reasonable expenses of

pregnancy, confinement, education, support, or funeral, or by other persons, including a private

agency, to the extent that they furnished or are furnishing those expenses.

     (b) Willful failure to obey the judgment or order of the court is a civil contempt of the

court. All remedies for the enforcement of judgments apply.

     15-8-20. Bond.

     (a) In a proceeding to establish paternity, when the alleged father has submitted to blood

testing and the blood test results establish a ninety seven percent (97%) or greater probability of

inclusion that he is the biological father of the child, and upon motion, the court shall, after an

opportunity for a hearing, issue a temporary order for child support payable into the registry of

the court and to be held pending entry of judgment.

     (b) In the event of a final adjudication requiring no payment or payments in an amount

less than those payments which have been made pursuant to a temporary order under this section,

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the alleged father shall be entitled to a refund of all or a portion of the amounts paid.

     (c) The court at any time may require, in addition to the temporary order described in this

section, the alleged or adjudicated father to give bond or other security for the payment of any

judgment which exists or may exist in the future.

     15-8-21. Settlement agreements.

     An agreement of settlement with the alleged father is binding only when approved by the

court.

     15-8-22. False declaration of identity.

     The making of a false complaint as to the identity of the father, or the aiding or abetting

in the making of a false complaint, shall be punishable with a penalty as for perjury.

     15-8-23. Birth records.

     (a) Upon order of the family court, the registrar of vital records shall prepare a new birth

certificate consistent with the findings of the court and shall substitute the new certificate for the

original certificate of birth.

     (b) The fact that the father and child relationship was declared after the child's birth shall

not be ascertainable from the new certificate, but the actual place and date of birth shall be shown

on it.

     15-8-24. Appeals.

     (a) An appeal in all cases may be taken by the defendant, the mother or her personal

representative, or the public welfare official from any final order or judgment of the family court,

upon an action commenced under this chapter, directly to the supreme court within thirty (30)

days after the entry of the order of judgment.

     (b) No appeal shall operate as a stay of execution unless the defendant shall give the

security provided for under § 15-8-20, and further security to pay the costs of the appeal.

     15-8-25. Costs.

     If the court makes an order declaring paternity and for the support and maintenance and

education of the child, court costs, including the costs of legal services of the attorney

representing the petitioner, expert witness fees, and all other costs shall be taxed against the

defendant.

     15-8-26. Action to declare mother and child relationship.

     Any interested party may bring an action to determine the existence or nonexistence of a

mother and child relationship. The provisions of this chapter applicable to the father and child

relationship shall apply as far as practicable.

     15-8-27. Voluntary acknowledgement -- Family court practice.

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     (a) In any action commenced before the family court, the father may acknowledge his

paternity of the child with the clerk of the family court. Each acknowledgement must be signed

by the person filing it and contain:

     (1) The name, social security number, date of birth, and address of the person filing the

acknowledgement;

     (2) The name and last known address of the mother of the child;

     (3) The date of birth of the child, or, if the child is unborn, the month and year in which

the child is expected to be born; and

     (4) The name and address of the presumed father, if any.

     (b) The judge shall hold an informal hearing on the acknowledgement and shall enter an

order establishing the paternity of the child and an order of support for the child; provided, that

there are no objections from the natural mother or presumed father filed with the family court

prior to the date of the informal hearing; and provided, further, that a copy of the

acknowledgement and a notice of the informal hearing are duly served upon the mother and any

presumed father in accordance with the rules of procedure for domestic relations.

     (c) The voluntary acknowledgement of paternity shall be recognized by the family court

as a basis for establishing a child support order for the child without requiring any further

proceedings to establish paternity.

     15-8-28. Duty of parents to notify department.

     (a) During the pendency of the paternity proceedings and throughout the duration of the

child support order, the parents must notify the department of any change in address, phone

number or place of employment within ten (10) days of the change.

     (b) All notices and pleadings shall be mailed and/or served as appropriate to the most

recent address of record.

     SECTION 2. Title 15 of the General Laws entitled "DOMESTIC RELATIONS" is

hereby amended by adding thereto the following chapter:

CHAPTER 8.1

UNIFORM PARENTAGE ACT 2018

     15-8.1-1 GENERAL PROVISIONS

     15-8.1-1.101. Short title.

     This act shall be known and may be cited as the "Uniform Parentage Act 2018."

     15-8.1-1.102. Definitions.

     (a) As used in this chapter:

     (1) "Acknowledged parent" means an individual who has established a parent-child

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relationship pursuant to the provisions of §§ 15-8.1-2.101 through 15-8.1-2.104 and §§ 15-8.1-

3.101 through 15-8.1-3.114.

     (2) "Adjudicated parent" means an individual who has been adjudicated to be a parent of

a child by a court with jurisdiction.

     (3) "Alleged genetic parent" means an individual who is alleged to be, or alleges that the

individual is, a genetic parent or possible genetic parent of a child whose parentage has not been

adjudicated. The term includes an alleged genetic father and alleged genetic mother. The term

does not include:

     (i) A presumed parent;

     (ii) An individual whose parental rights have been terminated or declared not to exist; or

     (iii) A donor.

     (4) "Assisted reproduction" means a method of causing pregnancy other than sexual

intercourse. The term includes:

     (i) Intrauterine or intracervical insemination;

     (ii) Donation of gametes;

     (iii) Donation of embryos;

     (iv) In-vitro fertilization and transfer of embryos; and

     (v) Intracytoplasmic sperm injection.

     (5) "Birth" means and includes stillbirth.

     (6) "Child" means an individual of any age whose parentage may be determined under

this chapter.

     (7) "Child-support agency" means a government entity, public official, or private agency,

authorized to provide parentage-establishment services under Title IV-D of the Social Security

Act, 42 U.S.C. §§ 651 through 669.

     (8) "Determination of parentage" means establishment of a parent-child relationship by a

judicial or administrative proceeding or signing of a valid acknowledgment of parentage pursuant

to the provisions of §§ 15-8.1-3.101 through 15-8.1-3.114.

     (9) "Donor" means an individual who provides gametes intended for use in assisted

reproduction, whether or not for consideration. The term does not include:

     (i) A woman who gives birth to a child conceived by assisted reproduction, except as

otherwise provided in §§ 15-8.1-8.100 through 15-8.1-8.306; or

     (ii) A parent pursuant to the provisions of §§ 15-8.1-7.101 through 15-8.1-7.108 or an

intended parent under §§ 15-8.1-8.100 through 15-8.1-8.306.

     (10) "Gamete" means sperm, egg, or any part of a sperm or egg.

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     (11) "Genetic testing" means an analysis of genetic markers to identify or exclude a

genetic relationship.

     (12) "Individual" means a natural person of any age.

     (13) "Intended parent" means an individual, married or unmarried, who manifests an

intent to be legally bound as a parent of a child conceived by assisted reproduction.

     (14) "Man" means a male individual of any age.

     (15) "Office" means the office of vital records in the state department of health;

     (16) "Parent" means an individual who has established a parent-child relationship

pursuant to the provisions of § 15-8.1-2.101.

     (17) "Parentage" or "parent-child relationship" means the legal relationship between a

child and a parent of the child.

     (18) "Presumed parent" means an individual who pursuant to the provisions of § 15-8.1-

2.104 is presumed to be a parent of a child, unless the presumption is overcome in a judicial

proceeding, a valid denial of parentage is made pursuant to the provisions of §§ 15-8.1-3.101

through 15-8.1-3.114, or a court adjudicates the individual to be a parent.

     (19) "Record" means information that is inscribed on a tangible medium or that is stored

in an electronic or other medium and is retrievable in perceivable form.

     (20) "Sign" means, with present intent to authenticate or adopt a record:

     (i) To execute or adopt a tangible symbol; or

     (ii) To attach to or logically associate with the record an electronic symbol, sound, or

process.

     (21) "Signatory" means an individual who signs a record.

     (22) "State" means a state of the United States, the District of Columbia, Puerto Rico, the

United States Virgin Islands, or any territory or insular possession under the jurisdiction of the

United States. The term includes a federally recognized Indian tribe.

     (23) "Transfer" means a procedure for assisted reproduction by which an embryo or

sperm is placed in the body of the woman who will give birth to the child.

     (24) "Witnessed" means that at least one individual who is authorized to sign has signed a

record to verify that the individual personally observed a signatory sign the record.

     (25) "Woman" means a female individual of any age.

     (b) As used in the chapter, references to an article refers to an article in this chapter 8.1 of

title 15, unless the statute clearly indicates otherwise.

     15-8.1-1.103. Scope.

     (a) This chapter applies to an adjudication or determination of parentage.

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     (b) This chapter does not create, affect, enlarge, or diminish parental rights or duties

under the law of this state other than this chapter.

     (c) This chapter does not authorize or prohibit an agreement between one or more

intended parents and a woman who is not an intended parent in which the woman agrees to

become pregnant through assisted reproduction and which provides that each intended parent is a

parent of a child conceived through assisted reproduction.

     15-8.1-1.104. Authorized court.

     The family court may adjudicate parentage under this chapter.

     15-8.1-1.105. Applicable law.

     The court shall apply the law of this state to adjudicate parentage. The applicable law

does not depend on:

     (1) The place of birth of the child; or

     (2) The past or present residence of the child.

     15-8.1-1.106. Data privacy.

     A proceeding under this chapter is subject to the law of this state other than this chapter

which governs the health, safety, privacy, and liberty of a child or other individual who could be

affected by disclosure of information that could identify the child or other individual, including

address, telephone number, digital contact information, place of employment, Social Security

number, and the child's day-care facility or school.

     15-8.1-1.107. Establishment of maternity and paternity.

     To the extent practicable, a provision of this chapter applicable to a father-child

relationship applies to a mother-child relationship and a provision of this chapter applicable to a

mother-child relationship applies to a father-child relationship.

     15-8.1-2 PARENT-CHILD RELATIONSHIP

     15-8.1-2.101. Establishment of parent-child relationship.

     A parent-child relationship is established between an individual and a child if:

     (1) The individual gives birth to the child, except as otherwise provided in § 15-8.1-8.100

to and including § 15-8.1-8.306;

     (2) There is a presumption under § 15-8.1-2.104 of the individual's parentage of the child,

unless the presumption is overcome in a judicial proceeding or a valid denial of parentage is made

under §§ 15-8.1-3.101 through 15-8.1-3.114;

     (3) The individual is adjudicated a parent of the child under §§ 15-8.1-6.100 through 15-

8.1-6.309;

     (4) The individual adopts the child;

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     (5) The individual acknowledges parentage of the child under §§ 15-8.1-3.101 through

15-8.1-3.114, unless the acknowledgment is rescinded pursuant to the provisions of § 15-8.1-

3.108 or successfully challenged under 15-8.1-3.101 through 15-8.1-3.114 or §§ 15-8.1-6.100

through 15-8.1-6.309; or

     (6) The individual's parentage of the child is established under §§ 15-8.1-7.101 through

15-8.1-7.108; or

     (7) The individual's parentage of the child is established under §§ 15-8.1-8.100 through

15-8.1-8.306.

     15-8.1-2.102. No discrimination based on marital status of parent.

     A parent-child relationship extends equally to every child and parent, regardless of the

marital status of the parent.

     15-8.1-2.103. Consequences of establishing parentage.

     Unless parental rights are terminated, a parent-child relationship established under this

chapter applies for all purposes, except as otherwise provided by the law of this state other than

this chapter.

     15-8.1-2.104. Presumption of parentage.

     (a) An individual is presumed to be a parent of a child if:

     (1) Except as otherwise provided under §§ 15-8.1-8.100 through 15-8.1-8.306 or the law

of this state other than this chapter:

     (i) The individual and the woman who gave birth to the child are married to each other

and the child is born during the marriage, whether the marriage is or could be declared invalid;

     (ii) The individual and the woman who gave birth to the child were married to each other

and the child is born not later than three hundred (300) days after the marriage is terminated by

death, divorce, dissolution, annulment, or declaration of invalidity, or after a decree of separation

or separate maintenance, whether the marriage is or could be declared invalid; or

     (iii) The individual and the woman who gave birth to the child married each other after

the birth of the child, whether the marriage is or could be declared invalid, the individual at any

time asserted parentage of the child, and:

     (A) The assertion is in a record filed with the office of vital records within the department

of health; or

     (B) The individual agreed to be and is named as a parent of the child on the birth

certificate of the child; or

     (2) The individual resided in the same household with the child for the first two (2) years

of the life of the child, including any period of temporary absence, and openly held out the child

LC003057 - Page 14 of 52

as the individual's child.

     (b) A presumption of parentage under this section may be overcome, and competing

claims to parentage may be resolved, only by an adjudication under §§ 15-8.1-6.100 through 15-

8.1-6.309 or a valid denial of parentage under §§ 15-8.1-3.101 through 15-8.1-3.114.

     15-8.1-3 VOLUNTARY ACKNOWLEDGMENT OF PARENTAGE

     15-8.1-3.101. Acknowledgment of parentage.

     A woman who gave birth to a child and an alleged genetic father of the child, intended

parent under §§ 15-8.1-7.101 through 15-8.1-7.108, or presumed parent may sign an

acknowledgment of parentage to establish the parentage of the child.

     15-8.1-3.102. Execution of acknowledgment of parentage.

     (a) An acknowledgment of parentage under § 15-8.1-3.101 must:

     (1) Be in a record signed by the woman who gave birth to the child and by the individual

seeking to establish a parent-child relationship, and the signatures must be attested by a notarial

officer or witnessed;

     (2) State that the child whose parentage is being acknowledged:

     (i) Does not have a presumed parent other than the individual seeking to establish the

parent-child relationship or has a presumed parent whose full name is stated; and

     (ii) Does not have another acknowledged parent, adjudicated parent, or individual who is

a parent of the child under §§ 15-8.1-7.101 through 15-8.1-7.108 or §§ 15-8.1-8.100 through 15-

8.1-8.306 other than the woman who gave birth to the child; and

     (3) State that the signatories understand that the acknowledgment is the equivalent of an

adjudication of parentage of the child and that a challenge to the acknowledgment is permitted

only under limited circumstances and is barred two (2) years after the effective date of the

acknowledgment.

     (b) An acknowledgment of parentage is void if, at the time of signing:

     (1) An individual other than the individual seeking to establish parentage is a presumed

parent, unless a denial of parentage by the presumed parent in a signed record is filed with the

office of vital records; or

     (2) An individual, other than the woman who gave birth to the child or the individual

seeking to establish parentage, is an acknowledged or adjudicated parent or a parent under §§ 15-

8.1-7.101 through 15-8.1-7.108 or §§ 15-8.1-8.100 through 15-8.1-8.306.

     15-8.1-3.103. Denial of parentage.

     A presumed parent or alleged genetic parent may sign a denial of parentage in a record.

The denial of parentage is valid only if:

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     (1) An acknowledgment of parentage by another individual is filed under § 15-8.1-3.105;

     (2) The signature of the presumed parent or alleged genetic parent is attested by a notarial

officer or witnessed; and

     (3) The presumed parent or alleged genetic parent has not previously:

     (i) Completed a valid acknowledgment of parentage, unless the previous

acknowledgment was rescinded under § 15-8.1-3.108 or challenged successfully under § 15-8.1-

3.109; or

     (ii) Been adjudicated to be a parent of the child.

     15-8.1-3.104. Rules for acknowledgment or denial of parentage.

     (a) An acknowledgment of parentage and a denial of parentage may be contained in a

single document or may be in counterparts and may be filed with the office of vital records

separately or simultaneously. If filing of the acknowledgment and denial both are required under

this chapter, neither is effective until both are filed.

     (b) An acknowledgment of parentage or denial of parentage may be signed before or after

the birth of the child.

     (c) Subject to subsection (a) of this section, an acknowledgment of parentage or denial of

parentage takes effect on the birth of the child or filing of the document with the office of vital

records, whichever occurs later.

     (d) An acknowledgment of parentage or denial of parentage signed by a minor is valid if

the acknowledgment complies with this chapter.

     15-8.1-3.105. Effect of acknowledgment or denial or parentage.

     (a) Except as otherwise provided in §§ 15-8.1-3.108 and 15-8.1-3.109, an

acknowledgment of parentage that complies with this chapter and is filed with the office of vital

records is equivalent to an adjudication of parentage of the child and confers on the

acknowledged parent all rights and duties of a parent.

     (b) Except as otherwise provided in §§ 15-8.1-3.108 and 15-8.1-3.109, a denial of

parentage by a presumed parent or alleged genetic parent which complies with this chapter and is

filed with the office of vital records with an acknowledgment of parentage that complies with this

chapter is equivalent to an adjudication of the nonparentage of the presumed parent or alleged

genetic parent and discharges the presumed parent or alleged genetic parent from all rights and

duties of a parent.

     15-8.1-3.106. No filing fee.

     The office of vital records may not charge a fee for filing an acknowledgment of

parentage or denial of parentage.

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     15-8.1-3.107. Ratification barred.

     A court conducting a judicial proceeding or an administrative agency conducting an

administrative proceeding is not required or permitted to ratify an unchallenged acknowledgment

of parentage.

     15-8.1-3.108. Procedure for rescission.

     (a) A signatory may rescind an acknowledgment of parentage or denial of parentage by

filing with the office of vital records a rescission in a signed record which is attested by a notarial

officer or witnessed, before the earlier of:

     (1) Sixty (60) days after the effective date under § 15-8.1-3.104 of the acknowledgment

or denial; or

     (2) The date of the first hearing before a court in a proceeding, to which the signatory is a

party, to adjudicate an issue relating to the child, including a proceeding that establishes support.

     (b) If an acknowledgment of parentage is rescinded under subsection (a) of this section,

an associated denial of parentage is invalid, and the office of vital records shall notify the woman

who gave birth to the child and the individual who signed a denial of parentage of the child that

the acknowledgment has been rescinded. Failure to give the notice required by this subsection

does not affect the validity of the rescission.

     15-8.1-3.109. Challenge after expiration of period for rescission.

     (a) After the period for rescission under § 15-8.1-3.108 expires, but not later than two (2)

years after the effective date under § 15-8.1-3.104 of an acknowledgment of parentage or denial

of parentage, a signatory of the acknowledgment or denial may commence a proceeding to

challenge the acknowledgment or denial, including a challenge brought under § 15-8.1-6.209,

only on the basis of fraud, duress, or material mistake of fact.

     (b) A challenge to an acknowledgment of parentage or denial of parentage by an

individual who was not a signatory to the acknowledgment or denial is governed by § 15-8.1-

6.205.

     15-8.1-3.110. Procedure for challenge by signatory.

     (a) Every signatory to an acknowledgment of parentage and any related denial of

parentage must be made a party to a proceeding to challenge the acknowledgment or denial.

     (b) By signing an acknowledgment of parentage or denial of parentage, a signatory

submits to personal jurisdiction in this state in a proceeding to challenge the acknowledgment or

denial, effective on the filing of the acknowledgment or denial with the office of vital records.

     (c) The court may not suspend the legal responsibilities arising from an acknowledgment

of parentage, including the duty to pay child support, during the pendency of a proceeding to

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challenge the acknowledgment or a related denial of parentage, unless the party challenging the

acknowledgment or denial shows good cause.

     (d) A party challenging an acknowledgment of parentage or denial of parentage has the

burden of proof.

     (e) If the court determines that a party has satisfied the burden of proof under subsection

(d) of this section, the court shall order the office of vital records to amend the birth record of the

child to reflect the legal parentage of the child.

     (f) A proceeding to challenge an acknowledgment of parentage or denial of parentage

must be conducted under §§ 15-8.1-6.100 through 15-8.1-6.309.

     15-8.1-3.111. Full faith and credit.

     The court shall give full faith and credit to an acknowledgment of parentage or denial of

parentage effective in another state if the acknowledgment or denial was in a signed record and

otherwise complies with the law of the other state.

     15-8.1-3.112. Forms for acknowledgment and denial of parentage.

     (a) The office of vital records shall prescribe forms for an acknowledgment of parentage

and denial of parentage.

     (b) A valid acknowledgment of parentage or denial of parentage is not affected by a later

modification of the form under subsection (a) of this section.

     15-8.1-3.113. Release of information.

     The office of vital records may release information relating to an acknowledgment of

parentage or denial of parentage to a signatory of the acknowledgment or denial, a court, federal

agency, and child-support agency of this or another state.

     15-8.1-3.114. Adoption of rules.

     The office of vital records may adopt rules under chapter 35 of title 42 to implement this

chapter.

     15-8.1-4 REGISTRY OF PATERNITY

     15-8.1-4.100 GENERAL PROVISIONS

     15-8.1-4.101. Establishment of registry.

     A registry of paternity is established in the office of vital records within the department

of health.

     15-8.1-4.102. Registration for notification.

     (a) Except as otherwise provided in subsection (b) of this section or § 15-8.1-4.105, a

man who desires to be notified of a proceeding for adoption of, or termination of parental rights

regarding, his genetic child must register in the registry of paternity established by § 15-8.1-4.101

LC003057 - Page 18 of 52

before the birth of the child or not later than thirty (30) days after the birth.

     (b) A man is not required to register under subsection (a) of this section if:

     (1) A parent-child relationship between the man and the child has been established under

this chapter or the law of this state other than this chapter; or

     (2) The man commences a proceeding to adjudicate his parentage before a court has

terminated his parental rights.

     (c) A man who registers under subsection (a) of this section shall notify the registry

promptly in a record of any change in the information registered. The office of vital records shall

incorporate new information received into its records but need not seek to obtain current

information for incorporation in the registry.

     15-8.1-4.103. Notice of proceeding.

     An individual who seeks to adopt a child or terminate parental rights to the child shall

give notice of the proceeding to a man who has registered timely under § 15-8.1-4.102(a)

regarding the child. Notice must be given in a manner prescribed for service of process in a civil

proceeding in this state.

     15-8.1-4.104. Termination of parental rights -- Child under one year of age.

     An individual who seeks to terminate parental rights to or adopt a child is not required to

give notice of the proceeding to a man who may be the genetic father of the child if:

     (1) The child is under one year of age at the time of the termination of parental rights;

     (2) The man did not register timely under § 15-8.1-4.102(a); and

     (3) The man is not exempt from registration under § 15-8.1-4.102(b).

     15-8.1-4.105. Termination of parental rights -- Child at least one year of age.

     If a child is at least one year of age, an individual seeking to adopt or terminate parental

rights to the child shall give notice of the proceeding to each alleged genetic father of the child,

whether or not he has registered under § 15-8.1-4.102(a) unless his parental rights have already

been terminated. Notice must be given in a manner prescribed for service of process in a civil

proceeding in this state.

     15-8.1-4.200 OPERATION OF REGISTRY

     15-8.1-4.201. Required form.

     (a) The office of vital records shall prescribe a form for registering under § 15-8.1-

4.102(a). The form must state that:

     (1) The man who registers signs the form under penalty of perjury;

     (2) Timely registration entitles the man who registers to notice of a proceeding for

adoption of the child or termination of the parental rights of the man;

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     (3) Timely registration does not commence a proceeding to establish parentage;

     (4) The information disclosed on the form may be used against the man who registers to

establish parentage;

     (5) Services to assist in establishing parentage are available to the man who registers

through the office of child support services within the department of human services;

     (6) The man who registers also may register in a registry of paternity in another state if

conception or birth of the child occurred in the other state;

     (7) Information on registries of paternity of other states is available from the office of

vital records; and

     (8) Procedures exist to rescind the registration.

     (b) A man who registers under § 15-8.1-4.102(a) shall sign the form described in

subsection (a) of this section under penalty of perjury.

     15-8.1-4.202. Furnishing information -- Confidentiality.

     (a) The office of vital records is not required to seek to locate the woman who gave birth

to the child who is the subject of a registration under § 15-8.1-4.102(a), but the office shall give

notice of the registration to the woman if the office has her address.

     (b) Information contained in the registry of paternity established by § 15-8.1-4.101 is

confidential and may be released on request only to:

     (1) A court or individual designated by the court;

     (2) The woman who gave birth to the child who is the subject of the registration;

     (3) An agency authorized by the laws of this state other than this chapter, the laws of

another state, or federal laws to receive the information;

     (4) A licensed child-placing agency;

     (5) A child-support agency;

     (6) A party or the party's attorney of record in a proceeding under this chapter or in a

proceeding to adopt or terminate parental rights to the child who is the subject of the registration;

and

     (7) A registry of paternity in another state.

     15-8.1-4.203. Penalty for releasing information.

     An individual who intentionally releases information from the registry of paternity

established by §15-8.1-4.101 to an individual or agency not authorized under §15-8.1-4.202(b) to

receive the information shall be fined not more than five hundred dollars ($500) or imprisoned for

not more than ninety (90) days.

     15-8.1-4.204. Rescission of registration.

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     A man who registers under § 15-8.1-4.102(a) may rescind his registration at any time by

filing with the registry of paternity established by § 15-8.1-4.101 a rescission in a signed record

that is attested by a notarial officer or witnessed.

     15-8.1-4.205. Untimely registration.

     If a man registers under § 15-8.1-4.102(a) more than thirty (30) days after the birth of the

child, the office of vital records shall notify the man who registers that, based on a review of the

registration, the registration was not filed timely.

     15-8.1-4.206. Fees for registry.

     (a) The office of vital records may not charge a fee for filing a registration under § 15-

8.1-402(a) or rescission of registration under § 15-8.1-4.209.

     (b) Except as otherwise provided in subsection (c) of this section, the office may charge a

reasonable fee to search the registry of paternity established by § 15-8.1-4.101 and for furnishing

a certificate of search under § 15-8.1-4.303.

     (c) A child-support agency is and other appropriate agencies, if any, are not required to

pay a fee authorized by subsection (b) of this section.

     15-8.1-4.300 SEARCH OF REGISTRY

     15-8.1-4.301. Child born through assisted reproduction -- Search of registry

inapplicable.

     The provisions of this §§ 15-8.1-4.300 through 15-8.1-4.304 do not apply to a child born

through assisted reproduction.

     15-8.1-4.302. Search of appropriate registry.

     If a parent-child relationship has not been established under this chapter between a child

who is under one year of age and an individual other than the woman who gave birth to the child:

     (1) An individual seeking to adopt or terminate parental rights to the child shall obtain a

certificate of search under § 15-8.1-4.303 to determine if a registration has been filed in the

registry of paternity established by § 15-8.1-4.101 regarding the child; and

     (2) If the individual has reason to believe that conception or birth of the child may have

occurred in another state, the individual shall obtain a certificate of search from the registry of

paternity, if any, in that state.

     15-8.1-4.303. Certificate of search of registry.

     (a) The office of vital records shall furnish a certificate of search of the registry of

paternity established by § 15-8.1-4.101 on request to an individual, court, or agency identified in

§15-8.1-407(b) or an individual required under § 15-8.1-4.303(1) to obtain a certificate.

     (b) A certificate furnished under subsection (a) of this section:

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     (1) Must be signed on behalf of the office of vital records and state that:

     (i) A search has been made of the registry; and

     (ii) A registration under § 15-8.1-4.102(a) containing the information required to identify

the man who registers:

     (A) Has been found; or

     (B) Has not been found; and

     (2) If subsection (b)(1)(ii)(A) of this section applies, must have a copy of the registration

attached.

     (c) An individual seeking to adopt or terminate parental rights to a child must file with

the court the certificate of search furnished under subsection (a) of this section and § 15-8.1-

4.303(2), if applicable, before a proceeding to adopt or terminate parental rights to the child may

be concluded.

     15-8.1-4.304. Admissibility of registered information.

     A certificate of search of a registry of paternity in this or another state is admissible in a

proceeding for adoption of or termination of parental rights to a child and, if relevant, in other

legal proceedings.

     15-8.1-5 GENETIC TESTING

     15-8.1-5.101. Additional definitions.

     As used in this chapter:

     (1) "Combined relationship index" means the product of all tested relationship indices.

     (2) "Ethnic or racial group" means, for the purpose of genetic testing, a recognized group

that an individual identifies as the individual's ancestry or part of the ancestry or that is identified

by other information.

     (3) "Hypothesized genetic relationship" means an asserted genetic relationship between

an individual and a child.

     (4) "Probability of parentage" means, for the ethnic or racial group to which an individual

alleged to be a parent belongs, the probability that a hypothesized genetic relationship is

supported, compared to the probability that a genetic relationship is supported between the child

and a random individual of the ethnic or racial group used in the hypothesized genetic

relationship, expressed as a percentage incorporating the combined relationship index and a prior

probability.

     (5) "Relationship index" means a likelihood ratio that compares the probability of a

genetic marker given a hypothesized genetic relationship and the probability of the genetic

marker given a genetic relationship between the child and a random individual of the ethnic or

LC003057 - Page 22 of 52

racial group used in the hypothesized genetic relationship.

     15-8.1-5.102. Scope of chapter -- limitation on use of genetic testing.

     (a) This chapter governs genetic testing of an individual in a proceeding to adjudicate

parentage, whether the individual:

     (1) Voluntarily submits to testing; or

     (2) Is tested under an order of the court or a child-support agency.

     (b) Genetic testing may not be used:

     (1) To challenge the parentage of an individual who is a parent under §§ 15-8.1-7.101

through 15-8.1-7.108 or §§ 15-8.1-8.100 through 15-8.1-8.306; or

     (2) To establish the parentage of an individual who is a donor.

     15-8.1-5.103. Authority to order or deny genetic testing.

     (a) Except as otherwise provided in this §§ 15-8.1-5.101 through 15-8.1-5.112 or §§ 15-

8.1-6.100 through 15-8.1-6.306, in a proceeding under this chapter to determine parentage, the

court shall order the child and any other individual to submit to genetic testing if a request for

testing is supported by the sworn statement of a party:

     (1) Alleging a reasonable possibility that the individual is the child's genetic parent; or

     (2) Denying genetic parentage of the child and stating facts establishing a reasonable

possibility that the individual is not a genetic parent.

     (b) A child-support agency may order genetic testing only if there is no presumed,

acknowledged, or adjudicated parent of a child other than the woman who gave birth to the child.

     (c) The court or child-support agency may not order in utero genetic testing.

     (d) If two (2) or more individuals are subject to court-ordered genetic testing, the court

may order that testing be completed concurrently or sequentially.

     (e) Genetic testing of a woman who gave birth to a child is not a condition precedent to

testing of the child and an individual whose genetic parentage of the child is being determined. If

the woman is unavailable or declines to submit to genetic testing, the court may order genetic

testing of the child and each individual whose genetic parentage of the child is being adjudicated.

     (f) In a proceeding to adjudicate the parentage of a child having a presumed parent or an

individual who claims to be a parent under § 15-8.1-6.204, or to challenge an acknowledgment of

parentage, the court may deny a motion for genetic testing of the child and any other individual

after considering the factors in §§ 15-8.1-6.208(a) and (b).

     (g) If an individual requesting genetic testing is barred under §§ 15-8.1-6.100 through 15-

8.1-6.309 from establishing the individual's parentage, the court shall deny the request for genetic

testing.

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     (h) An order under this section for genetic testing is enforceable by contempt.

     15-8.1-5.104. Requirements for genetic testing.

     (a) Genetic testing must be of a type reasonably relied on by experts in the field of

genetic testing and performed in a testing laboratory accredited by:

     (1) The AABB, formerly known as the American Association of Blood Banks, or a

successor to its functions; or

     (2) An accrediting body designated by the Secretary of the United States Department of

Health and Human Services.

     (b) A specimen used in genetic testing may consist of a sample or a combination of

samples of blood, buccal cells, bone, hair, or other body tissue or fluid. The specimen used in the

testing need not be of the same kind for each individual undergoing genetic testing.

     (c) Based on the ethnic or racial group of an individual undergoing genetic testing, a

testing laboratory shall determine the databases from which to select frequencies for use in

calculating a relationship index. If an individual or the department of human services objects to

the laboratory's choice, the following rules apply:

     (1) Not later than thirty (30) days after receipt of the report of the test, the objecting

individual or department of human services may request the court to require the laboratory to

recalculate the relationship index using an ethnic or racial group different from that used by the

laboratory.

     (2) The individual or the department of human services objecting to the laboratory's

choice under this subsection shall:

     (i) If the requested frequencies are not available to the laboratory for the ethnic or racial

group requested, provide the requested frequencies compiled in a manner recognized by

accrediting bodies; or

     (ii) Engage another laboratory to perform the calculations.

     (3) The laboratory may use its own statistical estimate if there is a question which ethnic

or racial group is appropriate. The laboratory shall calculate the frequencies using statistics, if

available, for any other ethnic or racial group requested.

     (d) If, after recalculation of the relationship index under subsection (c) of this section

using a different ethnic or racial group, genetic testing under § 15-8.1-5.106 does not identify an

individual as a genetic parent of a child, the court may require an individual who has been tested

to submit to additional genetic testing to identify a genetic parent.

     15-8.1-5.105. Report of genetic testing.

     (a) A report of genetic testing must be in a record and signed under penalty of perjury by

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a designee of the testing laboratory. A report complying with the requirements of this chapter is

self-authenticating.

     (b) Documentation from a testing laboratory of the following information is sufficient to

establish a reliable chain of custody and allow the results of genetic testing to be admissible

without testimony:

     (1) The name and photograph of each individual whose specimen has been taken;

     (2) The name of the individual who collected each specimen;

     (3) The place and date each specimen was collected;

     (4) The name of the individual who received each specimen in the testing laboratory; and

     (5) The date each specimen was received.

     15-8.1-5.106. Genetic testing results -- Challenge to results.

     (a) Subject to a challenge under subsection (b) of this section, an individual is identified

under this chapter as a genetic parent of a child if genetic testing complies with this chapter and

the results of the testing disclose:

     (1) The individual has at least a ninety-nine percent (99%) probability of parentage, using

a prior probability of one-half of one percent (0.50%), as calculated by using the combined

relationship index obtained in the testing; and

     (2) A combined relationship index of at least one hundred (100) to one.

     (b) An individual identified under subsection (a) of this section as a genetic parent of the

child may challenge the genetic testing results only by other genetic testing satisfying the

requirements of this chapter which:

     (1) Excludes the individual as a genetic parent of the child; or

     (2) Identifies another individual as a possible genetic parent of the child other than:

     (i) The woman who gave birth to the child; or

     (ii) The individual identified under subsection (a) of this section.

     (c) Except as otherwise provided in § 15-8.1-5.111, if more than one individual other

than the woman who gave birth is identified by genetic testing as a possible genetic parent of the

child, the court shall order each individual to submit to further genetic testing to identify a genetic

parent.

     15-8.1-5.107. Cost of genetic testing.

     (a) Subject to assessment of fees under §§ 15-8.1-6.100 through 15-8.1-6.309, payment

of the cost of initial genetic testing must be made in advance:

     (1) By the department of human services in a proceeding in which the department of

human services is providing services;

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     (2) By the individual who made the request for genetic testing;

     (3) As agreed by the parties; or

     (4) As ordered by the court.

     (b) If the cost of genetic testing is paid by the department of human services, the

department may seek reimbursement from the genetic parent whose parent-child relationship is

established.

     15-8.1-5.108. Additional genetic testing.

     The court or child-support agency shall order additional genetic testing on request of an

individual who contests the result of the initial testing under § 15-8.1-5.106. If initial genetic

testing under § 15-8.1-5.106 identified an individual as a genetic parent of the child, the court or

agency may not order additional testing unless the contesting individual pays for the testing in

advance.

     15-8.1-5.109. Genetic testing when specimen not available.

     (a) Subject to subsection (b) of this section, if a genetic-testing specimen is not available

from an alleged genetic parent of a child, an individual seeking genetic testing demonstrates good

cause, and the court finds that the circumstances are just, the court may order any of the following

individuals to submit specimens for genetic testing:

     (1) A parent of the alleged genetic parent;

     (2) A sibling of the alleged genetic parent;

     (3) Another child of the alleged genetic parent and the woman who gave birth to the other

child; and

     (4) Another relative of the alleged genetic parent necessary to complete genetic testing.

     (b) To issue an order under this section, the court must find that a need for genetic testing

outweighs the legitimate interests of the individual sought to be tested.

     15-8.1-5.110. Deceased individual.

     If an individual seeking genetic testing demonstrates good cause, the court may order

genetic testing of a deceased individual.

     15-8.1-5.111. Identical siblings.

     (a) If the court finds there is reason to believe that an alleged genetic parent has an

identical sibling and evidence that the sibling may be a genetic parent of the child, the court may

order genetic testing of the sibling.

     (b) If more than one sibling is identified under § 15-8.1-5.106 as a genetic parent of the

child, the court may rely on nongenetic evidence to adjudicate which sibling is a genetic parent of

the child.

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     15-8.1-5.112. Confidentiality of genetic testing.

     (a) Release of a report of genetic testing for parentage is controlled by the law of this

state other than this chapter.

     (b) An individual who intentionally releases an identifiable specimen of another

individual collected for genetic testing under this chapter for a purpose not relevant to a

proceeding regarding parentage, without a court order or written permission of the individual who

furnished the specimen shall be fined not more than five hundred dollars ($500) or imprisoned

not more than ninety (90) days.

     15-8.1-6 PROCEEDING TO ADJUDICATE PARENTAGE

     15-8.1-6.100 NATURE OF PROCEEDING

     15-8.1-6.101. Proceeding authorized.

     (a) A proceeding may be commenced to adjudicate the parentage of a child. Except as

otherwise provided in this chapter, the proceeding is governed by the family court rules of

domestic relations procedure.

     (b) A proceeding to adjudicate the parentage of a child born under a surrogacy agreement

is governed by §§ 15-8.1-8.100 through 15-8.1-8.306.

     15-8.1-6.102. Standing to maintain proceeding.

     Except as otherwise provided in §§ 15-8.1-3.101 through 15-8.1-3.114 and § 15-8.1-

6.203 through and including § 15-8.1-6.202, a proceeding to adjudicate parentage may be

maintained by:

     (1) The child;

     (2) The woman who gave birth to the child, unless a court has adjudicated that she is not

a parent;

     (3) An individual who is a parent under this chapter;

     (4) An individual whose parentage of the child is to be adjudicated;

     (5) A child-support agency or other governmental agency authorized by the law of this

state other than this chapter including the department of human services office of child support

services;

     (6) An adoption agency authorized by the law of this state other than this chapter or

licensed child-placement agency; or

     (7) A representative authorized by the law of this state other than this chapter to act for an

individual who otherwise would be entitled to maintain a proceeding but is deceased,

incapacitated, or a minor.

     15-8.1-6.103. Notice of proceeding.

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     (a) The plaintiff shall give notice of a proceeding to adjudicate parentage to the following

individuals:

     (1) The woman who gave birth to the child, unless a court has adjudicated that she is not

a parent;

     (2) An individual who is a parent of the child under this chapter;

     (3) A presumed, acknowledged, or adjudicated parent of the child; and

     (4) An individual whose parentage of the child is to be adjudicated.

     (b) An individual entitled to notice under subsection (a) of this section has a right to

intervene in the proceeding.

     (c) Lack of notice required by subsection (a) of this section does not render a judgment

void. Lack of notice does not preclude an individual entitled to notice under subsection (a) of this

section from bringing a proceeding under § 15-8.1-6.206(b).

     15-8.1-6.104. Personal jurisdiction.

     (a) The court may adjudicate an individual's parentage of a child only if the court has

personal jurisdiction over the individual.

     (b) A court of this state with jurisdiction to adjudicate parentage may exercise personal

jurisdiction over a nonresident individual, or the guardian or conservator of the individual, if the

conditions prescribed in § 15-23.1-201 ("uniform interstate family support act") are satisfied.

     (c) Lack of jurisdiction over one individual does not preclude the court from making an

adjudication of parentage binding on another individual.

     15-8.1-6.105. Venue.

     Venue for a proceeding to adjudicate parentage is in the county of this state in which:

     (1) The child resides or is located;

     (2) If the child does not reside in this state, the defendant resides or is located; or

     (3) A proceeding has been commenced for administration of the estate of an individual

who is or may be a parent under this chapter.

     15-8.1-6.200 SPECIAL RULES FOR PROCEEDING TO ADJUDICATE

PARENTAGE

     15-8.1-6.201. Admissibility of results of genetic testing.

     (a) Except as otherwise provided in § 15-8.1-5.102(b), the court shall admit a report of

genetic testing ordered by the court under § 15-8.1-5.103 as evidence of the truth of the facts

asserted in the report.

     (b) A party may object to the admission of a report described in subsection (a) of this

section, not later than fourteen (14) calendar days after the party receives the report. The party

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shall cite specific grounds for exclusion.

     (c) A party that objects to the results of genetic testing may call a genetic-testing expert to

testify in person or by another method approved by the court. Unless the court orders otherwise,

the party offering the testimony bears the expense for the expert testifying.

     (d) Admissibility of a report of genetic testing is not affected by whether the testing was

performed:

     (1) Voluntarily or under an order of the court or a child-support agency, including the

office of child support services in the department of human services; or

     (2) Before, on, or after commencement of the proceeding.

     15-8.1-6.202. Adjudicating parentage of child with alleged genetic parent.

     (a) A proceeding to determine whether an alleged genetic parent who is not a presumed

parent is a parent of a child may be commenced:

     (1) Before the child becomes an adult; or

     (2) After the child becomes an adult, but only if the child initiates the proceeding.

     (b) Except as otherwise provided in § 15-8.1-6.209, this subsection applies in a

proceeding described in subsection (a) of this section if the woman who gave birth to the child is

the only other individual with a claim to parentage of the child. The court shall adjudicate an

alleged genetic parent to be a parent of the child if the alleged genetic parent:

     (1) Is identified under § 15-8.1-5.106 as a genetic parent of the child and the

identification is not successfully challenged under that section;

     (2) Admits parentage in a pleading, when making an appearance, or during a hearing, the

court accepts the admission, and the court determines the alleged genetic parent to be a parent of

the child;

     (3) Declines to submit to genetic testing ordered by the court or a child-support agency,

in which case the court may adjudicate the alleged genetic parent to be a parent of the child even

if the alleged genetic parent denies a genetic relationship with the child;

     (4) Is in default after service of process and the court determines the alleged genetic

parent to be a parent of the child; or

     (5) Is neither identified nor excluded as a genetic parent by genetic testing and, based on

other evidence, the court determines the alleged genetic parent to be a parent of the child.

     (c) Except as otherwise provided in § 15-8.1-6.209 and subject to other limitations in §§

15-8.1-6.200 through 15-8.1-6.209, if in a proceeding involving an alleged genetic parent, at least

one other individual in addition to the woman who gave birth to the child has a claim to parentage

of the child, the court shall adjudicate parentage under § 15-8.1-6.208.

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     15-8.1-6.203. Adjudicating parentage of child with presumed parent.

     (a) A proceeding to determine whether a presumed parent is a parent of a child may be

commenced:

     (1) Before the child becomes an adult; or

     (2) After the child becomes an adult, but only if the child initiates the proceeding.

     (b) A presumption of parentage under § 15-8.1-2.104 cannot be overcome after the child

attains two (2) years of age unless the court determines:

     (1) The presumed parent is not a genetic parent, never resided with the child, and never

held out the child as the presumed parent's child; or

     (2) The child has more than one presumed parent.

     (c) Except as otherwise provided in § 15-8.1-6.209, the following rules apply in a

proceeding to adjudicate a presumed parent's parentage of a child if the woman who gave birth to

the child is the only other individual with a claim to parentage of the child:

     (1) If no party to the proceeding challenges the presumed parent's parentage of the child,

the court shall adjudicate the presumed parent to be a parent of the child.

     (2) If the presumed parent is identified under § 15-8.1-5.106 as a genetic parent of the

child and that identification is not successfully challenged under § 15-8.1-5.106, the court shall

adjudicate the presumed parent to be a parent of the child.

     (3) If the presumed parent is not identified under § 15-8.1-5.106 as a genetic parent of the

child and the presumed parent or the woman who gave birth to the child challenges the presumed

parent's parentage of the child, the court shall adjudicate the parentage of the child in the best

interest of the child based on the factors under §§ 15-8.1-6.208(a) and (b).

     (d) Except as otherwise provided in § 15-8.1-6.209 and subject to other limitations in §§

15-8.1-6.200 through 15-8.1-6.209, if in a proceeding to adjudicate a presumed parent's parentage

of a child, another individual in addition to the woman who gave birth to the child asserts a claim

to parentage of the child, the court shall adjudicate parentage under § 15-8.1-6.208.

     15-8.1-6.204. Adjudicating claim of de facto parentage of child.

     (a) A proceeding to establish parentage of a child under this section may be commenced

only by an individual who:

     (1) Is alive when the proceeding is commenced; and

     (2) Claims to be a de facto parent of the child.

     (b) An individual who claims to be a de facto parent of a child must commence a

proceeding to establish parentage of a child under this section:

     (1) Before the child attains eighteen (18) years of age; and

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     (2) While the child is alive.

     (c) The following rules govern standing of an individual who claims to be a de facto

parent of a child to maintain a proceeding under this section:

     (1) The individual must file an initial verified pleading alleging specific facts that support

the claim to parentage of the child asserted under this section. The verified pleading must be

served on all parents and legal guardians of the child and any other party to the proceeding.

     (2) An adverse party, parent, or legal guardian may file a pleading in response to the

pleading filed under this section. A responsive pleading must be verified and must be served on

parties to the proceeding.

     (3) Unless the court finds a hearing is necessary to determine disputed facts material to

the issue of standing, the court shall determine, based on the pleadings under subsections (a) and

(b) of this section whether the individual has alleged facts sufficient to satisfy by a preponderance

of the evidence the requirements of subsections (d)(1) through (d)(7) of this section. If the court

holds a hearing under this subsection, the hearing must be held on an expedited basis.

     (d) In a proceeding to adjudicate parentage of an individual who claims to be a de facto

parent of the child, if there is only one other individual who is a parent or has a claim to parentage

of the child, the court shall adjudicate the individual who claims to be a de facto parent to be a

parent of the child if the individual demonstrates by clear-and-convincing evidence that:

     (1) The individual resided with the child as a regular member of the child's household for

a significant period;

     (2) The individual engaged in consistent caretaking of the child;

     (3) The individual undertook full and permanent responsibilities of a parent of the child

without expectation of financial compensation;

     (4) The individual held out the child as the individual's child;

     (5) The individual established a bonded and dependent relationship with the child which

is parental in nature;

     (6) Another parent of the child fostered or supported the bonded and dependent

relationship required under subsection (d)(5) of this section; and

     (7) Continuing the relationship between the individual and the child is in the best interest

of the child.

     (e) Subject to other limitations in §§ 15-8.1-6.200 through 15-8.1-6.209, if in a

proceeding to adjudicate parentage of an individual who claims to be a de facto parent of the

child, there is more than one other individual who is a parent or has a claim to parentage of the

child and the court determines that the requirements of subsection (d) of this section are satisfied,

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the court shall adjudicate parentage under § 15-8.1-6.208.

     15-8.1-6.205. Adjudicating parentage of child with acknowledged parent.

     (a) If a child has an acknowledged parent, a proceeding to challenge the acknowledgment

of parentage or a denial of parentage, brought by a signatory to the acknowledgment or denial, is

governed by §§ 15-8.1-3.109 and 15-8.1-3.110.

     (b) If a child has an acknowledged parent, the following rules apply in a proceeding to

challenge the acknowledgment of parentage or a denial of parentage brought by an individual,

other than the child, who has standing under § 15-8.1-6.102 and was not a signatory to the

acknowledgment or denial:

     (1) The individual must commence the proceeding not later than two (2) years after the

effective date of the acknowledgment.

     (2) The court may permit the proceeding only if the court finds permitting the proceeding

is in the best interest of the child.

     (3) If the court permits the proceeding, the court shall adjudicate parentage under § 15-

8.1-613.

     15-8.1-6.206. Adjudicating parentage of child with adjudicated parent.

     (a) If a child has an adjudicated parent, a proceeding to challenge the adjudication,

brought by an individual who was a party to the adjudication or received notice under § 15-8.1-

6.103, is governed by the rules governing a collateral attack on a judgment.

     (b) If a child has an adjudicated parent, the following rules apply to a proceeding to

challenge the adjudication of parentage brought by an individual, other than the child, who has

standing under § 15-8.1-6.102 and was not a party to the adjudication and did not receive notice

under § 15-8.1-6.103:

     (1) The individual must commence the proceeding not later than two (2) years after the

effective date of the adjudication.

     (2) The court may permit the proceeding only if the court finds permitting the proceeding

is in the best interest of the child.

     (3) If the court permits the proceeding, the court shall adjudicate parentage under § 15-

8.1-6.207.

     15-8.1-6.207. Adjudicating parentage of child of assisted reproduction.

     (a) An individual who is a parent under §§ 15-8.1-7.101 through 15-8.1-7.108 or the

woman who gave birth to the child may bring a proceeding to adjudicate parentage. If the court

determines the individual is a parent under §§ 15-8.1-7.101 through 15-8.1-7.108, the court shall

adjudicate the individual to be a parent of the child.

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     (b) In a proceeding to adjudicate an individual's parentage of a child, if another individual

other than the woman who gave birth to the child is a parent under §§ 15-8.1-7.101 through 15-

8.1-7.108, the court shall adjudicate the individual's parentage of the child under § 15-8.1-6.208.

     15-8.1-6.208. Adjudicating competing claims of parentage.

     (a) Except as otherwise provided in § 15-8.1-6.209, in a proceeding to adjudicate

competing claims of, or challenges under §§ 15-8.1-6.203(c), 15-8.1-6.205, or 15-8.1-6.206 to,

parentage of a child by two (2) or more individuals, the court shall adjudicate parentage in the

best interest of the child, based on:

     (1) The age of the child;

     (2) The length of time during which each individual assumed the role of parent of the

child;

     (3) The nature of the relationship between the child and each individual;

     (4) The harm to the child if the relationship between the child and each individual is not

recognized;

     (5) The basis for each individual's claim to parentage of the child; and

     (6) Other equitable factors arising from the disruption of the relationship between the

child and each individual or the likelihood of other harm to the child.

     (b) If an individual challenges parentage based on the results of genetic testing, in

addition to the factors listed in subsection (a) of this section, the court shall consider:

     (1) The facts surrounding the discovery that the individual might not be a genetic parent

of the child; and

     (2) The length of time between the time that the individual was placed on notice that the

individual might not be a genetic parent and the commencement of the proceeding.

     (c) The court may adjudicate a child to have more than two (2) parents under this chapter

if the court finds that failure to recognize more than two (2) parents would be detrimental to the

child. A finding of detriment to the child does not require a finding of unfitness of any parent or

individual seeking an adjudication of parentage. In determining detriment to the child, the court

shall consider all relevant factors, including the harm if the child is removed from a stable

placement with an individual who has fulfilled the child's physical needs and psychological needs

for care and affection and has assumed the role for a substantial period.

     15-8.1-6.209. Precluding establishment of parentage by perpetrator of sexual

assault.

     (a) In this section, "sexual assault" means first-degree sexual assault as defined in § 11-

37-2.

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     (b) In a proceeding in which a woman alleges that a man committed a sexual assault that

resulted in the woman giving birth to a child, the woman may seek to preclude the man from

establishing that he is a parent of the child.

     (c) This section does not apply if:

     (1) The man described in subsection (b) of this section has previously been adjudicated to

be a parent of the child; or

     (2) After the birth of the child, the man established a bonded and dependent relationship

with the child which is parental in nature.

     (d) Unless §§ 15-8.1-3.109 or 15-8.1-6.202 applies, a woman must file a pleading making

an allegation under subsection (b) of this section not later than two (2) years after the birth of the

child. The woman may file the pleading only in a proceeding to establish parentage under this

chapter.

     (e) An allegation under subsection (b) of this section may be proved by:

     (1) Evidence that the man was convicted of a sexual assault, or a comparable crime in

another jurisdiction, against the woman and the child was born not later than three hundred (300)

days after the sexual assault; or

     (2) Clear-and-convincing evidence that the man committed sexual assault against the

woman and the child was born not later than three hundred (300) days after the sexual assault.

     (f) Subject to subsections (a) through (d) of this section, inclusive, if the court determines

that an allegation has been proved under subsection (e) of this section, the court shall:

     (1) Adjudicate that the man described in subsection (b) of this section is not a parent of

the child;

     (2) Require the office of vital records to amend the birth certificate if requested by the

woman and the court determines that the amendment is in the best interest of the child; and

     (3) Require the man pay child support, birth-related costs, or both, unless the woman

requests otherwise and the court determines that granting the request is in the best interest of the

child.

     15-8.1-6.300 HEARING AND ADJUDICATION

     15-8.1-6.301. Temporary order.

     (a) In a proceeding under article 2, the court may issue a temporary order for child

support if the order is consistent with law of this state other than this chapter and the individual

ordered to pay support is:

     (1) A presumed parent of the child;

     (2) Petitioning to be adjudicated a parent;

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     (3) Identified as a genetic parent through genetic testing under § 15-8.1-5.106;

     (4) An alleged genetic parent who has declined to submit to genetic testing;

     (5) Shown by clear-and-convincing evidence to be a parent of the child; or

     (6) A parent under this chapter.

     (b) A temporary order may include a provision for custody and visitation under law of

this state other than this chapter.

     15-8.1-6.302. Combining proceedings.

     (a) Except as otherwise provided in subsection (b) of this section, the court may combine

a proceeding to adjudicate parentage under this chapter with a proceeding for adoption,

termination of parental rights, child custody or visitation, child support, divorce, dissolution,

annulment, declaration of invalidity, or legal separation or separate maintenance, administration

of an estate, or other appropriate proceeding.

     (b) A defendant may not combine a proceeding described in subsection (a) of this section

with a proceeding to adjudicate parentage brought under chapter 23.1 of title 15 ("uniform

interstate family support act").

     15-8.1-6.303. Proceeding before birth.

     Except as otherwise provided in §§ 15-8.1-8.100 through 15-8.1-8.306, a proceeding to

adjudicate parentage may be commenced before the birth of the child and an order or judgment

may be entered before birth, but enforcement of the order or judgment must be stayed until the

birth of the child.

     15-8.1-6.304. Child as party-Representation.

     (a) A minor child is a permissive party but not a necessary party to a proceeding under

this §§ 15-8.1-6.100 through 15-8.1-6.309.

     (b) The court shall appoint an attorney, guardian ad litem, or similar person to represent a

child in a proceeding under this §§ 15-8.1-6.100 through 15-8.1-6.309, if the court finds that the

interests of the child are not adequately represented.

     15-8.1-6.305. Court to adjudicate parentage.

     The court shall adjudicate parentage of a child without a jury.

     15-8.1-6.306. Hearing-Inspection of records.

     (a) On request of a party and for good cause, the court may close a proceeding under this

§§ 15-8.1-6.100 through 15-8.1-6.309 to the public.

     (b) A final order in a proceeding under this §§ 15-8.1-6.100 through 15-8.1-6.309 is

available for public inspection. Other papers and records are available for public inspection only

with the consent of the parties or by court order.

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     15-8.1-6.307. Dismissal for want of prosecution.

     The court may dismiss a proceeding under this chapter for want of prosecution only

without prejudice. An order of dismissal for want of prosecution purportedly with prejudice is

void and has only the effect of a dismissal without prejudice.

     15-8.1-6.308 Order adjudicating parentage.

     (a) An order adjudicating parentage must identify the child in a manner provided by law

of this state other than this chapter.

     (b) Except as otherwise provided in subsection (c) of this section, the court may assess

filing fees, reasonable attorneys' fees, fees for genetic testing, other costs, and necessary travel

and other reasonable expenses incurred in a proceeding under this §§ 15-8.1-6.100 through 15-

8.1-6.309. Attorneys' fees awarded under this subsection may be paid directly to the attorney, and

the attorney may enforce the order in the attorney's own name.

     (c) The court may not assess fees, costs, or expenses in a proceeding under this §§ 15-

8.1-6.100 through 15-8.1-6.309 against a child-support agency of this state or another state,

except as provided by the law of this state other than this chapter.

     (d) In a proceeding under this §§ 15-8.1-6.100 through 15-8.1-6.309, a copy of a bill for

genetic testing or prenatal or postnatal health care for the woman who gave birth to the child and

the child, provided to the adverse party not later than ten (10) days before a hearing, is admissible

to establish:

     (1) The amount of the charge billed; and

     (2) That the charge is reasonable and necessary.

     (e) On request of a party and for good cause, the court in a proceeding under this §§ 15-

8.1-6.100 through 15-8.1-6.309 may order the name of the child changed. If the court order

changing the name varies from the name on the birth certificate of the child, the court shall order

the office of vital records to issue an amended birth certificate.

     15-8.1-6.309. Binding effect of determination of parentage.

     (a) Except as otherwise provided in subsection (b) of this section:

     (1) A signatory to an acknowledgment of parentage or denial of parentage is bound by

the acknowledgment and denial as provided in §§ 15-8.1-3.101 through 15-8.1-3.114; and

     (2) A party to an adjudication of parentage by a court acting under circumstances that

satisfy the jurisdiction requirements of § 15-23.1-201 ("uniform interstate family support act")

and any individual who received notice of the proceeding are bound by the adjudication.

     (b) A child is not bound by a determination of parentage under this chapter unless:

     (1) The determination was based on an unrescinded acknowledgment of parentage and

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the acknowledgment is consistent with the results of genetic testing;

     (2) The determination was based on a finding consistent with the results of genetic

testing, and the consistency is declared in the determination or otherwise shown;

     (3) The determination of parentage was made under §§ 15-8.1-7.101 through 15-8.1-

7.108 or §§ 15-8.1-8.100 through 15-8.1-8.306; or

     (4) The child was a party or was represented by an attorney, guardian ad litem, or similar

person in the proceeding.

     (c) In a proceeding for divorce, dissolution, annulment, declaration of invalidity, legal

separation, or separate maintenance, the court is deemed to have made an adjudication of

parentage of a child if the court acts under circumstances that satisfy the jurisdiction requirements

of § 15-23.1-201 ("uniform interstate family support act") and the final order:

     (1) Expressly identifies the child as a "child of the marriage" or "issue of the marriage" or

includes similar words indicating that both spouses are parents of the child; or

     (2) Provides for support of the child by a spouse unless that spouse's parentage is

disclaimed specifically in the order.

     (d) Except as otherwise provided in subsection (b) of this section or § 15-8.1-6.206, a

determination of parentage may be asserted as a defense in a subsequent proceeding seeking to

adjudicate parentage of an individual who was not a party to the earlier proceeding.

     (e) A party to an adjudication of parentage may challenge the adjudication only under the

law of this state other than this chapter relating to appeal, vacation of judgment, or other judicial

review.

     15-8.1-7 ASSISTED REPRODUCTION

     15-8.1-7.101. Scope of article.

     This chapter does not apply to the birth of a child conceived by sexual intercourse or

assisted reproduction under a surrogacy agreement under §§ 15-8.1-8.100 through 15-8.1-8.306.

     15-8.1-7.102. Parental status of donor.

     A donor is not a parent of a child conceived by assisted reproduction.

     15-8.1-7.103. Parentage of child of assisted reproduction.

     An individual who consents under § 15-8.1-7.104 to assisted reproduction by a woman

with the intent to be a parent of a child conceived by the assisted reproduction is a parent of the

child.

     15-8.1-7.104. Consent to assisted reproduction.

     (a) Except as otherwise provided in subsection (b) of this section, the consent described

in § 15-8.1-7.103 must be in a record signed by a woman giving birth to a child conceived by

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assisted reproduction and an individual who intends to be a parent of the child.

     (b) Failure to consent in a record as required by subsection (a) of this section, before, on,

or after birth of the child, does not preclude the court from finding consent to parentage if:

     (1) The woman or the individual proves by clear-and-convincing evidence the existence

of an express agreement entered into before conception that the individual and the woman

intended they both would be parents of the child; or

     (2) The woman and the individual for the first two (2) years of the child's life, including

any period of temporary absence, resided together in the same household with the child and both

openly held out the child as the individual's child, unless the individual dies or becomes

incapacitated before the child attains two (2) years of age or the child dies before the child attains

two (2) years of age, in which case the court may find consent under this subsection to parentage

if a party proves by clear-and-convincing evidence that the woman and the individual intended to

reside together in the same household with the child and both intended the individual would

openly hold out the child as the individual's child, but the individual was prevented from carrying

out that intent by death or incapacity.

     15-8.1-7.105. Limitation on spouse's dispute of parentage.

     (a) Except as otherwise provided in subsection (b) of this section, an individual who, at

the time of a child's birth, is the spouse of the woman who gave birth to the child by assisted

reproduction may not challenge the individual's parentage of the child unless: