[As Further Amended by Senate Committee of the Whole]
         
As Amended by Senate Committee
         
Session of 1999
         
SENATE BILL No. 317
         
By Committee on Federal and State Affairs
         
2-15
         
11             AN  ACT concerning children; relating to paternity and duties upon de-
12             termination thereof; amending K.S.A. 1998 Supp. 38-1115 and re-
13             pealing the existing section.
14      
15       Be it enacted by the Legislature of the State of Kansas:
16             Section  1. K.S.A. 1998 Supp. 38-1115 is hereby amended to read as
17       follows: 38-1115. (a) A child or any person on behalf of such a child, may
18       bring an action:
19             (1) At any time to determine the existence of a father and child re-
20       lationship presumed under K.S.A. 38-1114 and amendments thereto; or
21             (2) at any time until three years after the child reaches the age of
22       majority to determine the existence of a father and child relationship
23       which is not presumed under K.S.A. 38-1114 and amendments thereto.
24             (b) When authorized under K.S.A. 39-755 or 39-756, and amend-
25       ments thereto, the secretary of social and rehabilitation services may bring
26       an action at any time during a child's minority to determine the existence
27       of the father and child relationship.
28             (c) This section does not extend the time within which a right of
29       inheritance or a right to a succession may be asserted beyond the time
30       provided by law relating to the probate of estates or determination of
31       heirship.
32             (d) Any agreement between an alleged or presumed father and the
33       mother or child does not bar an action under this section.
34             (e) Except as otherwise provided in this subsection and in subsec-
35       tion (f), if an acknowledgment of paternity pursuant to K.S.A. 1998 Supp.
36       38-1138, and amendments thereto, has been completed, the man named
37       as the father, the mother or the child may bring an action to revoke the
38       acknowledgment of paternity at any time until one year after the child's
39       date of birth. An action to revoke the acknowledgment of paternity more
40       than one year after the child's date of birth may be brought if genetic
41       testing determines the man named as the father is not the father of the
42       child. The legal responsibilities, including any child support obligation, of

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  1       any signatory arising from the acknowledgment of paternity shall not be
  2       suspended during the action, except for good cause shown. If the person
  3       bringing the action was a minor at the time the acknowledgment of pa-
  4       ternity was completed, the action to revoke the acknowledgment of pa-
  5       ternity may be brought at any time until one year after that person attains
  6       age 18, unless the court finds that the child is more than one year of age
  7       and that revocation of the acknowledgment of paternity is not in the
  8       child's best interest.
  9             The person requesting revocation must shall show, and shall have the
10       burden of proving, that the acknowledgment of paternity was based upon
11       fraud, duress or material mistake of fact unless the action to revoke the
12       acknowledgment of paternity is filed before the earlier of 60 days after
13       completion of the acknowledgment of paternity or the date of a proceed-
14       ing relating to the child in which the signatory is a party, including but
15       not limited to a proceeding to establish a support order.
16             If a court of this state has assumed jurisdiction over the matter of the
17       child's paternity or the duty of a man to support the child, that court shall
18       have exclusive jurisdiction to determine whether an acknowledgment of
19       paternity may be revoked under this subsection.
20             If an acknowledgment of paternity has been revoked under this sub-
21       section, it shall not give rise to a presumption of paternity pursuant to
22       K.S.A. 38-1114 and amendments thereto. Nothing in this subsection shall
23       prevent a court from admitting a revoked acknowledgment of paternity
24       into evidence for any other purpose.
25        [If there has been an assignment of the child's support rights pur-
26       suant to K.S.A. 39-709, and amendments thereto, the secretary of
27       social and rehabilitation services shall be a necessary party to any
28       action under this subsection.]
29        (f) Notwithstanding any limitation imposed pursuant to subsec-
30       tion (e), an action to revoke an acknowledgment of paternity more
31       than one year after the child's date of birth may be brought if ge-
32       netic testing determines the man named as the father is not the fa-
33       ther of the child. The provisions of this subsection shall apply to
34       any acknowledgment whether completed before or on and after the
35       effective date of this act. Nothing in this section shall be construed
36       as authorizing the requiring of repayment of any child support
37       payments.
38               (g) If there has been an assignment of the child's support rights
39       pursuant to K.S.A. 39-709 and amendments thereto, the secretary of so-
40       cial and rehabilitation services shall be a necessary party to any action
41       under this subsection. 
42       Sec.  2. K.S.A. 1998 Supp. 38-1115 is hereby repealed.

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  1        Sec.  3. This act shall take effect and be in force from and after its
  2       publication in the statute book.