SB 317 Summary

• Establishes a 4-month deadline to file motions to open or set aside paternity judgments in Superior Court or before family support magistrates, requiring showing of reasonable cause or valid defense; allows later challenges only upon proof of fraud, duress, or material mistake of fact.

• Requires courts to consider the best interest of the child before setting aside a paternity judgment, evaluating factors including genetic information, past relationship with the adjudged father, child's interest in knowing biological father, and potential emotional/financial support from biological father.

• Mandates that responsibilities arising from paternity judgments continue during pendency of motions to open or set aside them, except for good cause shown.

• Extends genetic testing restrictions to voluntary acknowledgments of paternity, preventing testing unless challenger meets burden of proving fraud, duress, or material mistake of fact.

• Applies the same opening/setting aside procedures to paternity claims filed in Probate Court, with similar timelines, burden of proof standards, and best interest of the child considerations.

• Effective October 1, 2020.