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MS SB2152

Bill

Status

Failed

2/23/2016

Primary Sponsor

Angela Turner-Ford

Click for details

Origin

Senate

2016 Regular Session

AI Summary

  • Amends Mississippi Code Section 93-9-10 to clarify when a legal father can disestablish paternity and terminate child support obligations by filing a petition with newly discovered evidence and scientific testing showing he is not the biological father.

  • Requires petitions to include an affidavit of newly discovered evidence and either genetic test results (administered within one year prior) excluding the legal father as biological father, or an affidavit explaining inability to obtain testing before filing.

  • Modifies restrictions on disestablishing paternity by changing "shall not" to "may, only upon a showing of good cause" when the legal father married/cohabited with the mother, consented to be named on birth certificate, signed stipulated paternity agreements, or declined genetic testing.

  • Adds exception allowing a legal father to overcome paternity determinations based on stipulated agreements if he can prove fraud, duress, or material mistake of fact.

  • Limits relief to prospective and past-due child support, parental rights termination, custody, and visitation; does not allow recovery of child support paid before the disestablishment petition was filed, and requires the unsuccessful petitioner to pay court costs, testing fees, and attorney's fees.

Legislative Description

Paternity; clarify circumstances under which putative father cannot contest.

Last Action

Died In Committee

2/23/2016

Committee Referrals

Judiciary, Division A2/5/2016

Full Bill Text

No bill text available