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DE SB171
Bill
Status
4/1/2010
Primary Sponsor
Edward Bennett
Click for details
AI Summary
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Adds new § 8-640 to Delaware Code establishing procedures for contesting paternity determinations when a male is ordered to pay child support.
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Allows motion to set aside paternity at any time if genetic testing shows zero percent probability of paternity and an affidavit of newly discovered evidence is filed with the Family Court.
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Court must grant relief if genetic test is properly conducted and male has not adopted the child, did not voluntarily assume parental obligations, did not sign voluntary acknowledgment of paternity, and did not marry the mother.
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If relief is granted, affects only prospective child support, past due support, termination of parental rights, and custody/visitation rights; child support payments suspended and held in court registry pending final determination.
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Requires mothers alleging paternity to submit sworn statement identifying whether accused male was sole sexual partner during 60-day conception window and acknowledging genetic testing requirement and perjury penalties.
Legislative Description
An Act To Amend Title 13 Of The Delaware Code Relating To Parentage.
Last Action
SS 1 for SB 171 - Passed by Senate. Votes: Passed 20 YES 0 NO 0 NOT VOTING 1 ABSENT 0 VACANT
7/1/2010