Chairperson Humphries opened the Hearing on HB2651.

Jason Thompson, Office of Revisor of Statutes, presented the Bill Brief.   (Attachment 7)

Mr. Thompson stood for questions.

Proponents:

Representative Kessler, Kansas 96th District, testified that this bill addresses a narrow but very real problem in Kansas law involving Voluntary Acknowledgments of Paternity (VAP). While VAPs are an important administrative tool that allows parents to establish paternity efficiently and without court involvement, the current statute does not adequately account for situations involving fraud, duress, or a clear mistake of fact.  (Attachment 8)

Chasen Sowell, Private Citizen, shared his personal experience and legal case of signing a VAP form for a child that is not biologically his, proven by DNA testing.  (Attachment 9)

Garrett Tillery, Private Citizen, shared his experience of signing a birth certificate for a child who was later proven by DNA testing to not belong to him biologically, then being summoned for a child support claim for that child and the subsequent legal case.  (Attachment 10)

The Proponents stood for questions.

Neutral Conferee:

Marcilyn Martinez, Director, Child Support Services, Department for Children and Families (DCF), shared that K.S.A. 23-2209 is the current statute that governs paternity consent forms and the requirements contained therein. Today DCF testifies neutrally because of three concerns: the retroactive nature of the bill, the lack of a time limit to take action, the language stating that genetic testing shall be considered a material mistake of fact if it identifies another man as the father. DCF would also suggest clarifying who is responsible for the cost of genetic tests if the court orders testing be repeated after a best interest hearing.  (Attachment 11)

The Neutral Conferee stood for questions.

Chairperson Humphries closed the Hearing on HB2651.