Bill Text: IA SF397 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to paternity and the obligation of parents for support of children.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2024-01-31 - Committee report, recommending passage. S.J. 186. [SF397 Detail]
Download: Iowa-2023-SF397-Introduced.html
Senate
File
397
-
Introduced
SENATE
FILE
397
BY
EVANS
A
BILL
FOR
An
Act
relating
to
paternity
and
the
obligation
of
parents
for
1
support
of
children.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
Section
600B.4,
Code
2023,
is
amended
to
read
as
1
follows:
2
600B.4
Recovery
by
others
than
mother.
3
The
obligation
of
the
father
as
hereby
provided
in
this
4
chapter
creates
also
a
cause
of
action
on
behalf
of
the
legal
5
representative
of
the
mother,
or
on
behalf
of
third
persons
6
furnishing
support
or
defraying
the
reasonable
expenses
thereof
7
of
the
mother
,
where
paternity
has
been
judicially
established
8
by
proceedings
brought
by
the
mother
or
by
or
on
behalf
of
9
the
child
or
by
the
authorities
charged
with
its
the
child’s
10
support,
or
where
paternity
has
been
acknowledged
by
the
father
11
in
writing
,
established
by
the
father
through
blood
or
genetic
12
testing
conducted
in
accordance
with
section
600B.41
or
chapter
13
252F,
or
by
the
part
performance
of
the
obligations
imposed
14
upon
him
the
father
.
15
Sec.
2.
Section
600B.6,
Code
2023,
is
amended
to
read
as
16
follows:
17
600B.6
Liability
of
the
father’s
estate.
18
The
obligation
of
the
father,
when
his
the
father’s
19
paternity
has
been
judicially
established
in
his
the
father’s
20
lifetime,
established
by
the
father
through
blood
or
genetic
21
testing,
or
has
been
acknowledged
by
him
the
father
in
writing
22
or
by
the
part
performance
of
his
the
father’s
obligations,
is
23
enforceable
against
his
the
father’s
estate
in
such
an
amount
24
as
the
court
may
determine,
having
regard
to
upon
consideration
25
of
the
age
of
the
child,
the
ability
of
the
mother
to
support
26
it
the
child
,
the
amount
of
property
left
by
the
father,
the
27
number,
age,
and
financial
condition
of
the
lawful
issue,
if
28
any,
and
the
rights
of
the
widow,
if
any.
The
court
may
direct
29
the
discharge
of
the
obligation
by
periodical
payments
or
by
30
the
payment
of
a
lump
sum.
31
Sec.
3.
Section
600B.8,
Code
2023,
is
amended
to
read
as
32
follows:
33
600B.8
Who
may
institute
proceedings.
34
The
proceedings
may
be
brought
by
the
mother,
or
other
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interested
person,
by
the
alleged
father,
or
if
the
child
is
1
or
is
likely
to
be
a
public
charge,
by
the
authorities
charged
2
with
its
the
child’s
support.
After
the
death
of
the
mother
3
or
in
case
of
her
the
mother’s
disability,
it
the
proceedings
4
may
also
be
brought
by
the
child
acting
through
its
the
child’s
5
guardian
or
next
friend.
6
Sec.
4.
Section
600B.9,
Code
2023,
is
amended
to
read
as
7
follows:
8
600B.9
Time
of
instituting
proceedings.
9
The
proceedings
may
be
instituted
during
the
pregnancy
of
10
the
mother
or
after
the
birth
of
the
child,
but,
except
with
11
the
consent
of
all
parties,
the
trial
shall
not
be
held
until
12
after
the
birth
of
the
child
and
shall
be
held
no
earlier
than
13
twenty
days
from
the
date
the
alleged
father
or
the
mother
is
14
served
with
notice
of
the
action
or,
if
blood
or
genetic
tests
15
are
conducted,
no
earlier
than
thirty
days
from
the
date
the
16
test
results
are
filed
with
the
clerk
of
the
district
court
as
17
provided
under
section
600B.41
.
18
Sec.
5.
Section
600B.11,
Code
2023,
is
amended
to
read
as
19
follows:
20
600B.11
Nonresident
complainant.
21
It
is
not
a
bar
to
the
jurisdiction
of
the
court,
that
the
22
complaining
mother
or
child
complainant
resides
in
another
23
state.
24
Sec.
6.
Section
600B.13,
Code
2023,
is
amended
to
read
as
25
follows:
26
600B.13
Form
of
complaint
——
verification.
27
The
complaint
may
be
made
in
writing,
or
oral
orally
and
28
in
the
presence
of
the
complainant
reduced
to
writing
by
the
29
prosecuting
attorney.
It
The
complaint
shall
be
verified
by
30
oath
or
affirmation
of
the
complainant.
31
Sec.
7.
Section
600B.14,
Code
2023,
is
amended
to
read
as
32
follows:
33
600B.14
Substance
of
complaint.
34
1.
The
mother
or
child
who
is
the
complainant
shall
charge
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the
person
named
as
defendant
with
being
the
father
of
the
1
child.
2
2.
The
alleged
father
who
is
the
complainant
shall
allege
3
that
he
is
the
father
of
the
child.
4
Sec.
8.
Section
600B.16,
Code
2023,
is
amended
to
read
as
5
follows:
6
600B.16
Lis
pendens.
7
From
the
time
of
the
filing
of
such
a
complaint,
a
lien
shall
8
be
created
upon
the
real
property
of
the
accused
alleged
father
9
in
the
county
where
the
action
is
pending
for
the
payment
of
10
any
money
and
the
performance
of
any
order
adjudged
by
the
11
proper
court.
12
Sec.
9.
Section
600B.17,
Code
2023,
is
amended
to
read
as
13
follows:
14
600B.17
Writ
of
attachment.
15
The
district
court
may
order
an
attachment
to
issue
thereon
16
on
the
real
property
upon
which
a
lien
is
created
without
17
bond
,
which
order
.
The
order
shall
specify
the
amount
of
real
18
property
to
be
seized
thereunder
,
and
may
be
revoked
at
any
19
time
by
such
the
court
on
a
showing
made
for
a
revocation
of
the
20
same
order
,
and
on
such
terms
as
such
the
court
may
deem
deems
21
proper
in
the
premises
.
22
Sec.
10.
Section
600B.21,
Code
2023,
is
amended
to
read
as
23
follows:
24
600B.21
Death,
absence
,
or
mental
illness
of
mother
or
25
alleged
father
——
testimony
receivable.
26
If
after
the
complaint
is
filed,
the
complainant
mother
or
27
alleged
father
dies
or
becomes
mentally
ill
or
cannot
be
found
28
within
the
jurisdiction,
the
proceeding
does
not
abate,
but
the
29
child
shall
be
substituted
as
the
complainant.
The
testimony
30
of
the
mother
or
alleged
father
taken
by
deposition
as
in
other
31
civil
cases,
may
in
any
such
case
be
read
as
evidence
and
in
all
32
cases
shall
be
read
as
evidence
if
demanded
by
the
defendant.
33
Sec.
11.
Section
600B.22,
Code
2023,
is
amended
to
read
as
34
follows:
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600B.22
Death
of
defendant.
1
In
case
of
the
death
of
the
defendant
the
action
may
be
2
prosecuted
against
the
personal
representative
of
the
deceased
3
with
like
effects
as
if
the
defendant
were
living,
subject
as
4
regards
the
measure
with
regard
to
the
amount
of
support
to
the
5
provision
of
section
600B.6
.
6
Sec.
12.
Section
600B.24,
Code
2023,
is
amended
to
read
as
7
follows:
8
600B.24
Judgment
in
general.
9
1.
If
the
defendant
alleged
father
,
after
being
served
10
with
notice
as
required
under
section
600B.15
,
fails
to
timely
11
respond
to
the
notice,
or
to
appear
for
blood
or
genetic
tests
12
pursuant
to
a
court
or
administrative
order,
or
to
appear
at
a
13
scheduled
hearing
after
being
provided
notice
of
the
hearing,
14
the
court
shall
find
the
defendant
alleged
father
in
default
15
and
enter
a
default
judgment.
16
2.
Upon
a
finding
of
paternity
against
or
for
the
defendant
17
alleged
father
,
the
court
shall
enter
a
judgment
against
18
the
defendant
declaring
paternity
of
the
alleged
father
and
19
ordering
support
of
the
child.
20
Sec.
13.
Section
600B.29,
Code
2023,
is
amended
to
read
as
21
follows:
22
600B.29
Desertion
statute
applicable.
23
The
provisions
of
sections
726.3
through
726.5
relating
to
24
desertion
and
abandonment
of
children,
have
the
same
effect
25
in
cases
of
illegitimacy
where
paternity
has
been
judicially
26
established,
has
been
established
by
the
father
through
blood
27
or
genetic
testing,
or
has
been
acknowledged
by
the
father
28
in
writing
or
by
the
furnishing
of
support,
as
in
cases
of
29
children
born
in
wedlock.
30
Sec.
14.
Section
600B.36,
Code
2023,
is
amended
to
read
as
31
follows:
32
600B.36
Report
to
registrar
of
vital
statistics.
33
Upon
the
entry
of
a
judgment
determining
the
paternity
of
a
34
child
the
clerk
of
the
district
court
shall
notify
in
writing
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the
state
registrar
of
vital
statistics
of
the
name
of
the
1
person
against
whom
such
judgment
has
been
entered
father
,
2
together
with
such
other
facts
disclosed
by
the
records
as
may
3
assist
in
identifying
the
record
of
the
birth
of
the
child
as
4
the
same
may
appear
in
the
office
of
said
the
state
registrar.
5
If
such
the
judgment
shall
is
thereafter
be
vacated
,
that
fact
6
the
vacating
of
the
order
shall
be
reported
by
the
clerk
in
the
7
same
manner.
8
Sec.
15.
Section
600B.41,
subsection
1,
Code
2023,
is
9
amended
to
read
as
follows:
10
1.
In
a
proceeding
to
establish
paternity
in
law
or
in
11
equity
the
court
may
on
its
own
motion,
and
upon
request
of
a
12
party
,
including
a
mother
or
an
alleged
father
shall,
require
13
the
child,
mother,
and
alleged
father
to
submit
to
blood
or
14
genetic
tests,
except
that
if
the
mother
and
child
previously
15
submitted
blood
or
genetic
specimens
in
a
prior
action
to
16
establish
paternity
against
a
different
alleged
father,
the
17
previously
submitted
specimens
and
prior
results,
if
available,
18
may
be
utilized
for
testing
in
this
action.
A
mother
or
19
alleged
father
requesting
the
tests
shall
file
with
the
court
20
an
affidavit
either
alleging
or
denying
paternity
and
setting
21
forth
facts
that
establish
the
reasonable
possibility
that
22
there
was,
or
was
not,
the
requisite
sexual
contact
between
the
23
parties.
24
EXPLANATION
25
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
26
the
explanation’s
substance
by
the
members
of
the
general
assembly.
27
This
bill
amends
Code
chapter
600B
(paternity
and
obligation
28
for
support)
to
allow
for
both
a
mother
or
a
child
and
an
29
alleged
father
of
a
child
to
file
a
complaint
to
establish
30
paternity
of
a
child
and
an
obligation
for
support
of
the
31
child.
Under
current
law,
the
proceedings
under
Code
chapter
32
600B
may
be
brought
only
by
the
mother,
or
other
interested
33
person,
or
if
the
child
is
or
is
likely
to
be
a
public
charge,
34
by
the
authorities
charged
with
the
child’s
support.
The
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bill
provides
that
an
alleged
father
may
also
initiate
the
1
proceedings,
and
makes
conforming
changes
throughout
the
Code
2
chapter
to
provide
that
the
alleged
father
may
also
be
the
3
complainant
or
plaintiff.
4
The
bill
also
specifically
includes
an
alleged
father
as
a
5
party
that
may
request
blood
or
genetic
testing
in
a
proceeding
6
to
establish
paternity,
and
provides
that
a
mother
or
alleged
7
father
requesting
the
testing
shall
file
with
the
court
an
8
affidavit
either
alleging
or
denying
paternity
and
setting
9
forth
facts
that
establish
the
reasonable
possibility
that
10
there
was,
or
was
not,
the
requisite
sexual
contact
between
the
11
parties.
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