Brief⁽¹⁾

The bill would amend existing law regarding establishment of paternity. Specifically, the bill would permit an action to revoke an acknowledgment of paternity after a child is a year old if genetic testing determines that the man named as the child's father is not the father. The provision would apply to acknowledgments made at any time. The bill would specify that it could not be construed to require repayment of child support payments.

Background

The bill was requested for introduction by Senator Gooch. Proponents of the bill at the hearing of the Senate Committee on Federal and State Affairs included Senator Gooch, a representative of Senator Hensley, and three individuals. No opponents of the bill presented testimony to the Senate Committee.

The Senate Committee of the Whole amendment was technical.

Under current law, an action to revoke an acknowledgment of paternity cannot be brought after a child is one year old unless the person requesting the revocation was less than 18 at the time of the acknowledgment. Existing law also addresses a number of procedural matters that would not apply to the new provision for a challenge based on genetic testing.

The Division of the Budget's fiscal note on the introduced version of the bill states that the bill would have no fiscal impact.

1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/bill_search.html