Print Friendly HOUSE BILL NO. 411 – Paternity, acknowledge procedure
HOUSE BILL NO. 411
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H0411........................................................by MR. SPEAKER
Requested by: Department of Health and Welfare
PATERNITY - Amends existing law to clarify the procedures for
acknowledgment of paternity and to shorten the time within which an
acknowledgment may be rescinded.
01/12 House intro - 1st rdg - to printing
01/12 Rpt prt - to Health/Wel
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fourth Legislature Second Regular Session - 1998
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 411
BY MR. SPEAKER
Requested by: Department of Health and Welfare
1 AN ACT
2 RELATING TO PATERNITY; AMENDING SECTION 7-1106, IDAHO CODE, TO GOVERN PROCE-
3 DURE FOR ACKNOWLEDGMENT OF PATERNITY AND RESCISSION OF ACKNOWLEDGMENT AND
4 TO AUTHORIZE RULES, FORMS AND FEES; AMENDING SECTION 39-250, IDAHO CODE,
5 TO GOVERN ISSUANCE OF A CERTIFICATE OF BIRTH WHEN AN ACKNOWLEDGMENT OF
6 PATERNITY BY A PUTATIVE FATHER WHO IS NOT THE HUSBAND IS FILED OR
7 RESCINDED AND TO MAKE A TECHNICAL CORRECTION; AND AMENDING SECTION 39-255,
8 IDAHO CODE, TO CLARIFY PROCEDURES GOVERNING ESTABLISHMENT OF PATERNITY AND
9 ENTERING THE NAME OF THE FATHER ON THE CERTIFICATE OF BIRTH.
10 Be It Enacted by the Legislature of the State of Idaho:
11 SECTION 1. That Section 7-1106, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 7-1106. VOLUNTARY ACKNOWLEDGMENT S -- APPROVAL BY COURT
14 -- EFFECT OF PATERNITY . (1) In lieu of contested
15 paternity proceedings, a verified voluntary acknowledgment of parentage exe-
16 cuted jointly by the father and the mother of a child may be filed with a
17 court of competent jurisdiction and proper venue. A voluntary acknowledgment
18 executed after July 1, 1994, shall be admissible as evidence of paternity and
19 shall create a rebuttable presumption of paternity. After filing, either par-
20 ent may, upon notice to the other parent, move the court for entry of an order
21 of filiation. Upon notice to both parents, the department of health and wel-
22 fare may move the court for entry of an order of filiation on behalf of a
23 child for whom services are being provided under Title IV-D of the social
24 security act.
25 (2) A voluntary acknowledgment of paternity executed
26 after July 1, 1996, for an Idaho birth shall be admissible
27 as evidence of paternity and shall constitute a legal finding of paternity
28 subject to upon the filing of a signed and notarized
29 acknowledgment with the vital statistics unit of the department of health and
30 welfare. The husband of the mother of the child may execute an affidavit of
31 nonpaternity if it is accompanied by a voluntary acknowledgment of paternity
32 and it must be filed with the acknowledgment. Any party who executed the
33 acknowledgment or the affidavit of nonpaternity has the right of
34 any party executing the acknowledgment to rescind the acknowledg-
35 ment file a notarized rescission with the vital statistics unit
36 within the earlier of:
37 (a) Six (6) months, or less if so prescribed by federal law or reg-
38 ulation, of execution Sixty (60) days after the acknowledg-
39 ment is filed ; or
40 (b) The date of an administrative or judicial proceeding relating to the
41 child, including a proceeding to establish a support order, in which the
42 signatory is a party.
43 Such rescission shall be effective upon filing with the vital statistics
1 unit. The vital statistics unit shall notify the other party or parties of the
2 rescission by certified mail.
3 ( 3 2 ) After the period for recision
4 rescission , an executed acknowledgment of paternity may be chal-
5 lenged only in court , only on the basis
6 of fraud, duress, or material mistake of fact, with the burden of proof upon
7 the party challenging the acknowledgment. The legal responsibilities, includ-
8 ing the obligation to pay child support, or of any
9 party to the acknowledgment shall not be stayed except for good cause shown.
10 (4) Judicial or administrative proceedings are not required or per-
11 mitted to ratify an unchallenged acknowledgment of paternity.
12 (5) An executed acknowledgment of paternity shall be filed with the
13 department of health and welfare, bureau of vital statistics, however, fail-
14 ure to file the acknowledgment shall not affect the validity or legal effect
15 of the acknowledgment.
16 (6) The voluntary acknowledgment of parentage may also contain agreements
17 regarding custody, support and visitation. Such agreements, if approved by the
18 court, shall have the same force and effect as a judgment of the court. How-
19 ever, the court shall have the same power to investigate the facts regarding
20 custody, support and visitation prior to entering an order relative to those
21 issues as it would have if no agreement had been filed; and provided further,
22 that an agreement regarding the issues of child support, custody, or visita-
23 tion shall be approved only if the court finds it to be in the best interest
24 of the child.
25 (3) The court may enter an order for the support of a child
26 upon execution of a voluntary acknowledgment without further proceedings to
27 establish paternity.
28 (4) The director shall prescribe forms for acknowledgment and
29 rescission, and the board of health and welfare shall promulgate rules and
30 establish filing fees.
31 SECTION 2. That Section 39-250, Idaho Code, be, and the same is hereby
32 amended to read as follows:
33 39-250. COMPLETION AND CORRECTION OF CERTIFICATES -- PROCEDURE -- OTHER
34 ALTERATIONS PROHIBITED. A certificate of any event shall be completed, cor-
35 rected, amended or otherwise altered after being filed with the vital statis-
36 tics unit only in accordance with this chapter and regulations promulgated by
37 the board.
38 (a) A certificate that is amended under the provisions of this section
39 shall be marked "amended," except as otherwise provided in this section. The
40 date of amendment and a summary description of the evidence submitted in sup-
41 port of the amendment shall be filed with or made a part of the record. The
42 department shall prescribe by regulation rule the
43 conditions under which additions or minor corrections may be made to certifi-
44 cates or records within one (1) year after the date of the event without the
45 certificate being marked "amended."
46 (b) Upon written notarized request of both parents and
47 receipt of a notarized voluntary acknowledgment of paternity
48 , signed by both parents of a child born out of wedlock,
49 the state registrar shall amend the certificate of birth to show such pater-
50 nity if paternity is not already shown on the certificate of birth, and change
51 the child's surname to that of the father, if both parents so request. Such
52 certificate shall not be marked "amended."
53 (c) Upon receipt of a notarized affidavit of nonpaternity signed by
1 the husband attesting that he is not the father, and a notarized acknowledg-
2 ment of paternity signed by both the mother and the putative father attesting
3 that the putative father is the father, the state registrar shall amend the
4 certificate of birth to show such paternity, and change the child's surname to
5 that of the putative father, if so requested by both parents. Such certificate
6 shall not be marked "amended."
7 (d) Upon receipt of a certified copy of an order of a court
8 of competent jurisdiction changing the name of a person born in this state and
9 upon request of such person or the parent(s), guardian, or legal representa-
10 tive, the state registrar shall amend the certificate of birth to show the new
12 ( d e ) When an applicant does not submit the min-
13 imum documentation required in the regulations rules
14 for amending a vital record or when the state registrar has reasonable cause
15 to question the validity or adequacy of the applicant's sworn statements or
16 the documentary evidence, and if the deficiencies are not corrected, the state
17 registrar shall not amend the vital record and shall advise the applicant of
18 the reason for this action and shall further advise the applicant of the right
19 to appeal to a court of competent jurisdiction.
20 (f) If an acknowledgment of paternity or affidavit of nonpaternity
21 is rescinded pursuant to section 7-1106, Idaho Code, and the certificate of
22 birth had been prepared or amended in accordance with the acknowledgment, the
23 state registrar shall not release any copies of the certificate of birth
24 except as required for a legal proceeding until a court order determining
25 paternity has been provided to the state registrar. If the mother was married
26 at the time of either conception or birth, or between conception and birth,
27 the court shall also determine if the husband is the father of the child.
29 SECTION 3. That Section 39-255, Idaho Code, be, and the same is hereby
30 amended to read as follows:
31 39-255. REGISTRATION OF BIRTHS. A certificate of each birth which occurs
32 in this state shall be filed with the local registrar of the district in which
33 the birth occurs, or as otherwise directed by the state registrar, within fif-
34 teen (15) days of the date of birth. No certificate shall be deemed complete
35 until every item of information required shall have been provided or its omis-
36 sion satisfactorily accounted for.
37 (a) When a birth occurs in an institution or en route thereto, the person
38 in charge of the institution or a designated representative shall obtain the
39 personal data, prepare the certificate, secure the signatures required, and
40 file the certificate within fifteen (15) days of the date of birth. The physi-
41 cian or other person in attendance shall provide the medical information
42 required by the certificate and certify to the facts of birth. When the physi-
43 cian, or other person in attendance, is physically unable to certify to the
44 facts of birth within the time prescribed in this section, the person in
45 charge of the institution may complete and sign the certificate.
46 (b) When a birth occurs outside an institution, the certificate shall be
47 prepared and filed by:
48 (1) The physician or other person in attendance at or immediately after
49 such birth; or
50 (2) When no physician or other person is present at or immediately after
51 such birth: the father, or in the event of the death, disability or
52 absence of the father, the mother; or in the event of the death or dis-
53 ability of the mother, the householder or owner of the premises where the
1 birth occurred.
2 (c) The father, mother or guardian shall verify the facts entered on the
3 certificate by their signature.
4 (d) When a birth occurs on a moving conveyance within the United States
5 and the child is first removed from the conveyance in this state, the birth
6 shall be registered in this state and the place where the child is first
7 removed shall be considered the place of birth. When a birth occurs on a
8 moving conveyance while in international air space or in a foreign country or
9 its air space and the child is first removed from the conveyance in this
10 state, the birth shall be registered in this state, but the certificate shall
11 show the actual place of birth insofar as can be determined.
12 (e) (1) If the mother was married at the time of either conception or
13 birth, or between conception and birth, the name of the husband shall be
14 entered on the certificate as the father of the child, unless:
15 (i) Paternity has been determined otherwise by a court of competent
16 jurisdiction; or
17 (ii) The husband executes an affidavit of nonpaternity attest-
18 ing that he is not the father, the mother executes an
19 affidavit acknowledgment of paternity attesting
20 that the husband is not the father and that the putative
21 father is the father, and the putative father executes an affi-
22 davit acknowledgment of paternity attesting that
23 he is the father , and the husband executes an affidavit attest-
24 ing that he is not the father . Affidavits may be joint or
25 individual or a combination thereof, and each signature shall be
26 individually notarized. In such event, the putative father shall be
27 shown as the father on the certificate.
28 (2) If the mother was not married at the time of either conception or
29 birth, or between conception and birth, the name of the father shall not
30 be entered on the certificate without the written notarized consent
31 of the mother and the person to be named as the father a
32 notarized voluntary acknowledgment of paternity , in which case,
33 upon written notarized request of both parents filing
34 of the acknowledgment of paternity , the surname of the child
35 shall may be entered on the certificate as that of the
37 (3) In any case in which paternity of a child is determined by a court of
38 competent jurisdiction, the name of the father and surname of the child
39 shall be entered on the certificate of birth in accordance with the find-
40 ing and order of the court.
41 (4) If the father is not named on the certificate of birth, no other
42 information about the father shall be entered on the certificate.
STATEMENT OF PURPOSE
To clarify the paternity acknowledgment procedures and shorten the time for filing a
None. Vital Statistics will charge a fee to file the rescission and provide notice to the other
Name: JoAn Silva
Agency: Department of Health and Welfare
Statement of Purpose/Fiscal Impact