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MS SB2176
Bill
Status
6/9/2020
Primary Sponsor
Angela Turner-Ford
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AI Summary
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Allows a legal father to petition the court to disestablish paternity and terminate child support obligations if he is not the biological father, requiring newly discovered evidence and scientific testing excluding him as the biological father.
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Court shall grant relief upon finding newly discovered evidence, proper scientific testing, and that the legal father did not adopt the child, the child was not conceived through artificial insemination during marriage, or the legal father did not prevent the biological father from asserting parental rights.
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Court shall not set aside paternity if the legal father married or cohabited with the mother while knowing he was not the biological father, consented to the birth certificate, signed a stipulated paternity agreement approved by court, or declined genetic testing, except upon a showing of good cause.
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Relief is limited to prospective and past-due child support, termination of parental rights, custody, and visitation; does not allow recovery of child support paid before filing the petition.
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The party requesting genetic testing must pay associated fees, and if relief is denied, the petitioner must pay court costs, testing fees, and reasonable attorney's fees.
Legislative Description
Paternity; clarify circumstances under which putative father cannot contest.
Last Action
Died In Committee
6/9/2020