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H0601.................................................by HEALTH AND WELFARE
PATERNITY - Amends existing law to clarify procedures for acknowledgment of
paternity and affidavit of nonpaternity, and to shorten the time within
which an acknowledgment may be rescinded.
02/03 House intro - 1st rdg - to printing
02/04 Rpt prt - to Health/Wel
02/17 Rpt out - rec d/p - to 2nd rdg
02/18 2nd rdg - to 3rd rdg
02/20 3rd rdg - PASSED - 64-0-6
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bivens,
Black(15), Boe, Bruneel, Callister, Campbell, Clark, Crow, Cuddy,
Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould,
Hadley, Hansen, Hornbeck, Jaquet, Jones(9), Jones(22), Jones(20),
Judd, Kellogg, Kempton, Kendell, Kjellander, Kunz, Lake, Linford,
Loertscher, Mader, Marley, McKague, Meyer, Miller, Mortensen,
Newcomb, Pischner, Pomeroy, Reynolds, Richman, Ridinger, Robison,
Sali, Schaefer, Stevenson, Stoicheff, Stubbs, Taylor, Tilman, Trail,
Watson, Wheeler, Wood, Zimmermann, Mr Speaker
NAYS -- None
Absent and excused -- Black(23), Chase, Crane, Henbest, Stone,
Tippets
Floor Sponsor - Sali
Title apvd - to Senate
02/23 Senate intro - 1st rdg - to Health/Wel
03/03 Rpt out - rec d/p - to 2nd rdg
03/04 2nd rdg - to 3rd rdg
03/16 3rd rdg - PASSED - 34-0-1
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Deide, Dunklin, Frasure, Geddes, Hansen,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry,
Richardson, Risch, Sandy, Schroeder, Sorensen, Stennett, Sweeney,
Thorne, Twiggs, Wheeler, Whitworth
NAYS--None
Absent and excused--Riggs
Floor Sponsor - Wheeler
Title apvd - to House
03/17 To enrol
03/17 Rpt enrol - Sp signed
03/18 Pres signed - to Governor
03/19 Governor signed
Session Law Chapter 106
Effective: 07/01/98
H0601|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 601 BY HEALTH AND WELFARE COMMITTEE 1 AN ACT 2 RELATING TO PATERNITY; AMENDING SECTION 7-1106, IDAHO CODE, TO GOVERN PROCE- 3 DURE FOR ACKNOWLEDGMENT OF PATERNITY, RESCISSION OF ACKNOWLEDGMENT AND 4 AFFIDAVIT OF NONPATERNITY AND TO AUTHORIZE RULES, FORMS AND FEES AND TO 5 MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 39-250, IDAHO CODE, TO GOVERN 6 ISSUANCE OF A CERTIFICATE OF BIRTH WHEN AN ACKNOWLEDGMENT OF PATERNITY BY 7 AN ALLEGED FATHER WHO IS NOT THE HUSBAND OR AN AFFIDAVIT OF NONPATERNITY 8 IS FILED OR RESCINDED AND TO MAKE TECHNICAL CORRECTIONS; AND AMENDING SEC- 9 TION 39-255, IDAHO CODE, TO CLARIFY PROCEDURES GOVERNING ESTABLISHMENT OF 10 PATERNITY AND ENTERING THE NAME OF THE FATHER ON THE CERTIFICATE OF BIRTH. 11 Be It Enacted by the Legislature of the State of Idaho: 12 SECTION 1. That Section 7-1106, Idaho Code, be, and the same is hereby 13 amended to read as follows: 14 7-1106.VOLUNTARYACKNOWLEDGMENTS -- APPROVAL BY COURT15-- EFFECTOF PATERNITY . (1)In lieu of contested16paternity proceedings, a verified voluntary acknowledgment of parentage exe-17cuted jointly by the father and the mother of a child may be filed with a18court of competent jurisdiction and proper venue. A voluntary acknowledgment19executed after July 1, 1994, shall be admissible as evidence of paternity and20shall create a rebuttable presumption of paternity. After filing, either par-21ent may, upon notice to the other parent, move the court for entry of an order22of filiation. Upon notice to both parents, the department of health and wel-23fare may move the court for entry of an order of filiation on behalf of a24child for whom services are being provided under Title IV-D of the social25security act.26(2)A voluntary acknowledgment of paternityexecuted after27July 1, 1996,for an Idaho birth shall be admissible as 28 evidence of paternity and shall constitute a legal finding of paternity29subject to the right of any party executing the acknowledgment to rescind the30acknowledgmentupon the filing of a signed and notarized acknowl- 31 edgment with the vital statistics unit of the department of health and wel- 32 fare. If the mother was married at the time of either conception or birth, or 33 between conception and birth, and the husband is not the father of the child, 34 the husband may file an executed and notarized affidavit of nonpaternity if it 35 is accompanied by a voluntary acknowledgment of paternity signed and notarized 36 by the mother and the alleged father. Any party executing an acknowledgment of 37 paternity or affidavit of nonpaternity may file a notarized rescission of such 38 with the vital statistics unit within the earlier of: 39 (a)Six (6) months, or less if so prescribed by federal law or reg-40ulation, of executionSixty (60) days after the acknowledg- 41 ment is filed ; or 42 (b) The date of an administrative or judicial proceeding relating to the 43 child, including a proceeding to establish a support order, in which the 2 1 signatory is a party. 2 Such rescission shall be effective upon filing with the vital statistics 3 unit. The vital statistics unit shall notify the other party or parties of the 4 rescission by certified mail. 5 (32 ) After the period forrecision6 rescission , an executed acknowledgment of paternity may be chal- 7 lenged only in courtonlyon the basis of fraud, 8 duress, or material mistake of fact, with the burden of proof upon the party 9 challenging the acknowledgment. The legal responsibilities, including the 10 obligation to pay child support,orof any party to 11 the acknowledgment shall not be stayed except for good cause shown. 12(4) Judicial or administrative proceedings are not required or per-13mitted to ratify an unchallenged acknowledgment of paternity.14(5) An executed acknowledgment of paternity shall be filed with the15department of health and welfare, bureau of vital statistics, however, failure16to file the acknowledgment shall not affect the validity or legal effect of17the acknowledgment.18(6) The voluntary acknowledgment of parentage may also contain agreements19regarding custody, support and visitation. Such agreements, if approved by the20court, shall have the same force and effect as a judgment of the court. How-21ever, the court shall have the same power to investigate the facts regarding22custody, support and visitation prior to entering an order relative to those23issues as it would have if no agreement had been filed; and provided further,24that an agreement regarding the issues of child support, custody, or visita-25tion shall be approved only if the court finds it to be in the best interest26of the child.27 (3) The court may enter an order for the support of a child 28 upon execution of a voluntary acknowledgment without further proceedings to 29 establish paternity. 30 (4) The director shall prescribe forms for acknowledgment of pater- 31 nity, affidavits of nonpaternity, and rescission thereof, and the board of 32 health and welfare may promulgate such rules as are necessary to prescribe 33 forms and establish fees to recover costs of maintaining such system. 34 SECTION 2. That Section 39-250, Idaho Code, be, and the same is hereby 35 amended to read as follows: 36 39-250. COMPLETION AND CORRECTION OF CERTIFICATES -- PROCEDURE -- OTHER 37 ALTERATIONS PROHIBITED. A certificate of any event shall be completed, cor- 38 rected, amended or otherwise altered after being filed with the vital statis- 39 tics unit only in accordance with this chapter andregulations40 rules promulgated by the board. 41 (a) A certificate that is amended under the provisions of this section 42 shall be marked "amended," except as otherwise provided in this section. The 43 date of amendment and a summary description of the evidence submitted in sup- 44 port of the amendment shall be filed with or made a part of the record. The 45 department shall prescribe byregulationrule the 46 conditions under which additions or minor corrections may be made to certifi- 47 cates or records within one (1) year after the date of the event without the 48 certificate being marked "amended." 49 (b) Uponwritten notarized request of both parents and50 receipt of a notarized voluntary acknowledgment of paternity 51 ,signed by both parents of a child born out of wedlock,52 the state registrar shall amend the certificate of birth to show such pater- 53 nity if paternity is not already shown on the certificate of birth, and change 3 1 the child's surname to that of the father, if both parents so request. Such 2 certificate shall not be marked "amended." 3 (c) Upon receipt of both a notarized affidavit of nonpaternity 4 signed by the husband attesting that he is not the father, and a notarized 5 acknowledgment of paternity signed by the mother and the alleged father 6 attesting that the alleged father is the father, the state registrar shall 7 amend the certificate of birth to show such paternity, and change the child's 8 name, if so requested by the mother and the alleged father. Such certificate 9 shall not be marked "amended." 10 (d) Upon receipt of a certified copy of an order of a court 11 of competent jurisdiction changing the name of a person born in this state and 12 upon request of such person or the parent(s), guardian, or legal representa- 13 tive, the state registrar shall amend the certificate of birth to show the new 14 name. 15 (de ) When an applicant does not submit the min- 16 imum documentation required in theregulationsrules 17 for amending a vital record or when the state registrar has reasonable cause 18 to question the validity or adequacy of the applicant's sworn statements or 19 the documentary evidence, and if the deficiencies are not corrected, the state 20 registrar shall not amend the vital record and shall advise the applicant of 21 the reason for this action and shall further advise the applicant of the right 22 to appeal to a court of competent jurisdiction. 23 (f) If an acknowledgment of paternity or affidavit of nonpaternity 24 is rescinded pursuant to section 7-1106, Idaho Code, and the certificate of 25 birth had been prepared or amended in accordance with the acknowledgment, the 26 state registrar shall not release any copies of the certificate of birth 27 except as required for a legal proceeding until a court order determining 28 paternity has been provided to the state registrar. If the mother was married 29 at the time of either conception or birth, or between conception and birth, 30 the court shall also determine if the husband is the father of the child. 31 32 SECTION 3. That Section 39-255, Idaho Code, be, and the same is hereby 33 amended to read as follows: 34 39-255. REGISTRATION OF BIRTHS. A certificate of each birth which occurs 35 in this state shall be filed with the local registrar of the district in which 36 the birth occurs, or as otherwise directed by the state registrar, within fif- 37 teen (15) days of the date of birth. No certificate shall be deemed complete 38 until every item of information required shall have been provided or its omis- 39 sion satisfactorily accounted for. 40 (a) When a birth occurs in an institution or en route thereto, the person 41 in charge of the institution or a designated representative shall obtain the 42 personal data, prepare the certificate, secure the signatures required, and 43 file the certificate within fifteen (15) days of the date of birth. The physi- 44 cian or other person in attendance shall provide the medical information 45 required by the certificate and certify to the facts of birth. When the physi- 46 cian, or other person in attendance, is physically unable to certify to the 47 facts of birth within the time prescribed in this section, the person in 48 charge of the institution may complete and sign the certificate. 49 (b) When a birth occurs outside an institution, the certificate shall be 50 prepared and filed by: 51 (1) The physician or other person in attendance at or immediately after 52 such birth; or 53 (2) When no physician or other person is present at or immediately after 4 1 such birth: the father, or in the event of the death, disability or 2 absence of the father, the mother; or in the event of the death or dis- 3 ability of the mother, the householder or owner of the premises where the 4 birth occurred. 5 (c) The father, mother or guardian shall verify the facts entered on the 6 certificate by their signature. 7 (d) When a birth occurs on a moving conveyance within the United States 8 and the child is first removed from the conveyance in this state, the birth 9 shall be registered in this state and the place where the child is first 10 removed shall be considered the place of birth. When a birth occurs on a 11 moving conveyance while in international air space or in a foreign country or 12 its air space and the child is first removed from the conveyance in this 13 state, the birth shall be registered in this state, but the certificate shall 14 show the actual place of birth insofar as can be determined. 15 (e) (1) If the mother was married at the time of either conception or 16 birth, or between conception and birth, the name of the husband shall be 17 entered on the certificate as the father of the child, unless: 18 (i) Paternity has been determined otherwise by a court of competent 19 jurisdiction; or 20 (ii) Themother executes an affidavit attesting that the hus-21band is not the father and that the putative father is the father22husband has executed an affidavit of nonpaternity 23 attesting that he is not the father, the mother has executed an 24 acknowledgment of paternity attesting that the alleged father is the 25 father , and theputativealleged 26 fatherexecuteshas executed anaffi-27davitacknowledgment of paternity attesting that 28 he is the father, and the husband executes an affidavit attest-29ing that he is not the father. Affidavits may be joint or 30 individual or a combination thereof, and each signature shall be 31 individually notarized. In such event, theputative32 alleged father shall be shown as the father on the cer- 33 tificate. 34 (2) If the mother was not married at the time of either conception or 35 birth, or between conception and birth, the name of the father shall not 36 be entered on the certificate withoutthe written notarized consent37of the mother and the person to be named as the father, in which case,38upon written notarized request of both parents, the surname of the child39shall be entered on the certificate as that of the fathera 40 notarized voluntary acknowledgment of paternity . 41 (3) In any case in which paternity of a child is determined by a court of 42 competent jurisdiction, the name of the father and surname of the child 43 shall be entered on the certificate of birth in accordance with the find- 44 ing and order of the court. 45 (4) If the father is not named on the certificate of birth, no other 46 information about the father shall be entered on the certificate.
STATEMENT OF PURPOSE
RS07717
To clarify the paternity acknowledgment procedures and shorten the
time for filing a rescission.
FISCAL NOTE
None. Vital Statistics will charge a fee to file the
rescission and provide notice to the other parties.
CONTACT: JoAn Silva
334-6535
STATEMENT OF PURPOSE/FISCAL NOTE
Bill No. H 601