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House
File
511
-
Introduced
HOUSE
FILE
511
BY
WILLS
A
BILL
FOR
An
Act
relating
to
a
father’s
obligation
for
payment
of
1
expenses
including
those
related
to
a
mother’s
pregnancy
and
2
the
birth
of
a
child
born
out
of
wedlock.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
1223YH
(4)
91
cm/jh
H.F.
511
Section
1.
Section
252A.6A,
subsection
1,
paragraph
a,
Code
1
2025,
is
amended
to
read
as
follows:
2
a.
Except
with
the
consent
of
all
parties,
the
trial
shall
3
not
be
held
until
after
the
birth
of
the
child
and
shall
be
held
4
no
earlier
than
twenty
days
from
the
date
the
respondent
is
5
served
with
notice
of
the
action
or,
if
.
Any
blood
or
genetic
6
tests
of
the
child,
mother,
or
alleged
father
shall
not
be
7
conducted
until
after
the
child’s
birth.
If
blood
or
genetic
8
tests
are
conducted,
the
trial
shall
be
held
no
earlier
than
9
thirty
days
from
the
date
the
test
results
are
filed
with
the
10
clerk
of
the
district
court
as
provided
under
section
600B.41
.
11
Sec.
2.
Section
600B.1,
Code
2025,
is
amended
to
read
as
12
follows:
13
600B.1
Obligation
of
parents.
14
The
parents
of
a
child
born
out
of
wedlock
and
not
15
legitimized
(in
this
chapter
referred
to
as
“the
child”)
owe
16
the
child
necessary
maintenance,
education,
and
support.
They
17
The
parents
are
also
liable
for
the
child’s
funeral
expenses.
18
The
father
is
also
liable
to
pay
the
expense
expenses
of
the
19
mother’s
pregnancy
and
confinement
the
child’s
birth
.
20
Sec.
3.
Section
600B.4,
Code
2025,
is
amended
to
read
as
21
follows:
22
600B.4
Recovery
by
others
than
mother.
23
The
obligation
of
the
father
as
hereby
provided
also
creates
24
also
a
cause
of
action
on
behalf
of
the
legal
representative
of
25
the
mother,
or
on
behalf
of
third
persons
furnishing
support
26
or
defraying
the
reasonable
expenses
thereof
of
support
,
where
27
paternity
has
been
judicially
established
by
proceedings
28
brought
by
the
mother
or
by
or
on
behalf
of
the
child
or
by
29
the
authorities
charged
with
its
the
child’s
support,
or
where
30
paternity
has
been
acknowledged
by
the
father
in
writing
or
by
31
the
part
performance
of
the
obligations
imposed
upon
him
the
32
father
.
33
Sec.
4.
Section
600B.6,
Code
2025,
is
amended
to
read
as
34
follows:
35
-1-
LSB
1223YH
(4)
91
cm/jh
1/
7
H.F.
511
600B.6
Liability
of
the
father’s
estate.
1
The
obligation
of
the
father,
when
his
paternity
has
2
been
judicially
established
in
his
lifetime
,
or
has
been
3
acknowledged
by
him
in
writing
or
by
the
part
performance
of
4
his
obligations,
is
enforceable
against
his
the
father’s
estate
5
in
such
an
amount
as
the
court
may
determine
determined
by
the
6
court
,
having
regard
to
considering
the
age
of
the
child,
the
7
ability
of
the
mother
to
support
it
the
child
,
the
amount
of
8
property
left
by
the
father,
the
number,
age,
and
financial
9
condition
of
the
lawful
issue,
if
any,
and
the
rights
of
the
10
widow,
if
any.
The
court
may
direct
the
discharge
of
the
11
obligation
by
periodical
payments
or
by
the
payment
of
a
lump
12
sum.
13
Sec.
5.
Section
600B.7,
Code
2025,
is
amended
to
read
as
14
follows:
15
600B.7
Proceedings
to
establish
paternity.
16
Proceedings
to
establish
paternity
and
to
compel
support
by
17
the
father
may
be
brought
in
accordance
with
the
provisions
of
18
this
chapter
.
They
The
proceedings
shall
not
be
exclusive
of
19
other
proceedings
that
may
be
available
on
principles
of
law
20
and
equity.
21
Sec.
6.
Section
600B.8,
Code
2025,
is
amended
to
read
as
22
follows:
23
600B.8
Who
may
institute
proceedings.
24
The
proceedings
may
be
brought
by
the
mother,
or
other
25
interested
person,
or
if
the
child
is
or
is
likely
to
be
a
26
public
charge,
by
the
authorities
charged
with
its
the
child’s
27
support.
After
the
death
of
the
mother
or
in
In
the
case
of
her
28
the
mother’s
death
or
disability,
it
the
proceedings
may
also
29
be
brought
by
the
child
acting
through
its
the
child’s
guardian
30
or
next
friend.
31
Sec.
7.
Section
600B.9,
Code
2025,
is
amended
to
read
as
32
follows:
33
600B.9
Time
of
instituting
proceedings.
34
The
proceedings
may
be
instituted
during
the
pregnancy
of
35
-2-
LSB
1223YH
(4)
91
cm/jh
2/
7
H.F.
511
the
mother
or
after
the
birth
of
the
child,
but,
except
with
1
the
consent
of
all
parties,
the
trial
shall
not
be
held
until
2
after
the
birth
of
the
child
and
shall
be
held
no
earlier
than
3
twenty
days
from
the
date
the
alleged
father
is
served
with
4
notice
of
the
action
or,
if
.
Any
blood
or
genetic
tests
of
5
the
child,
mother,
or
alleged
father
shall
not
be
conducted
6
until
after
the
child’s
birth.
If
blood
or
genetic
tests
are
7
conducted,
the
trial
shall
be
held
no
earlier
than
thirty
days
8
from
the
date
the
test
results
are
filed
with
the
clerk
of
the
9
district
court
as
provided
under
section
600B.41
.
10
Sec.
8.
Section
600B.13,
Code
2025,
is
amended
to
read
as
11
follows:
12
600B.13
Form
of
complaint
——
verification.
13
The
complaint
may
be
made
in
writing,
or
oral
orally
and
14
in
the
presence
of
the
complainant
reduced
to
writing
by
the
15
prosecuting
attorney.
It
The
complaint
shall
be
verified
by
16
oath
or
affirmation
of
the
complainant.
17
Sec.
9.
Section
600B.16,
Code
2025,
is
amended
to
read
as
18
follows:
19
600B.16
Lis
pendens.
20
From
the
time
of
the
filing
of
such
a
complaint,
a
lien
shall
21
be
created
upon
the
real
property
of
the
accused
defendant
in
22
the
county
where
the
action
is
pending
for
the
payment
of
any
23
money
and
the
performance
of
any
order
adjudged
by
the
proper
24
court.
25
Sec.
10.
Section
600B.17,
Code
2025,
is
amended
to
read
as
26
follows:
27
600B.17
Writ
of
attachment.
28
The
district
court
may
order
an
attachment
to
issue
thereon
29
upon
the
real
property
of
the
defendant
without
bond
,
which
.
30
The
order
shall
specify
the
amount
of
property
to
be
seized
31
thereunder
,
and
may
be
revoked
at
any
time
by
such
the
court
on
32
a
showing
made
for
a
revocation
of
the
same
order
,
and
on
such
33
terms
as
such
the
court
may
deem
proper
in
the
premises.
34
Sec.
11.
Section
600B.19,
Code
2025,
is
amended
to
read
as
35
-3-
LSB
1223YH
(4)
91
cm/jh
3/
7
H.F.
511
follows:
1
600B.19
County
attorney
to
prosecute.
2
The
county
attorney,
on
upon
being
notified
of
the
facts
3
justifying
a
complaint
as
provided
in
this
chapter
,
or
of
the
4
filing
of
such
a
complaint,
shall
prosecute
the
matter
in
on
5
behalf
of
the
complainant.
6
Sec.
12.
Section
600B.21,
Code
2025,
is
amended
to
read
as
7
follows:
8
600B.21
Death,
absence
or
mental
illness
,
or
absence
of
9
mother
——
testimony
receivable.
10
If
after
the
complaint
is
filed
the
mother
dies
or
becomes
11
mentally
ill
,
is
diagnosed
with
a
mental
illness,
or
cannot
be
12
found
within
the
jurisdiction,
the
proceeding
does
not
abate,
13
but
the
child
shall
be
substituted
as
the
complainant.
The
14
testimony
of
the
mother
taken
by
deposition
as
in
other
civil
15
cases
,
may
in
any
such
case
be
read
as
evidence
and
in
all
cases
16
such
testimony
shall
be
read
as
evidence
if
demanded
by
the
17
defendant.
18
Sec.
13.
Section
600B.22,
Code
2025,
is
amended
to
read
as
19
follows:
20
600B.22
Death
of
defendant.
21
In
case
of
the
death
of
the
defendant
,
the
action
may
be
22
prosecuted
against
the
personal
representative
of
the
deceased
23
with
like
effects
as
if
the
defendant
were
living,
subject
as
24
regards
to
the
measure
amount
of
support
to
the
provision
of
25
determined
by
the
court
under
section
600B.6
.
26
Sec.
14.
Section
600B.25,
Code
2025,
is
amended
to
read
as
27
follows:
28
600B.25
Form
of
judgment
——
contents
of
support
order
——
29
medical
support
——
uncovered
medical
expenses
——
other
expenses
30
related
to
pregnancy
and
birth
——
evidence
——
costs.
31
1.
Upon
a
finding
of
paternity
pursuant
to
section
600B.24
,
32
the
all
of
the
following
shall
apply:
33
a.
The
court
shall
establish
the
father’s
monthly
child
34
support
payment
and
the
amount
of
the
support
debt
accrued
35
-4-
LSB
1223YH
(4)
91
cm/jh
4/
7
H.F.
511
or
accruing
pursuant
to
section
598.21B
,
and
shall
establish
1
medical
support
pursuant
to
chapter
252E
.
The
child
support
2
obligation
shall
include
support
of
the
child
between
the
3
ages
of
eighteen
and
nineteen
years
if
the
child
is
engaged
4
full-time
in
completing
high
school
graduation
or
equivalency
5
requirements
in
a
manner
which
is
reasonably
expected
to
result
6
in
completion
of
the
requirements
prior
to
the
person
reaching
7
nineteen
years
of
age.
8
b.
The
court
may
order
the
father
to
pay
amounts
the
court
9
deems
appropriate
for
the
past
support
and
maintenance
of
the
10
child
and
for
the
reasonable
and
necessary
uncovered
medical
11
expenses
incurred
by
or
for
the
mother
in
connection
with
12
prenatal
care,
the
mother’s
pregnancy
and
the
birth
of
the
13
child
,
and
postnatal
care
of
the
child
and
the
mother,
and
14
other
medical
support
as
defined
in
section
252E.1
.
Absent
15
good
cause
or
agreement
of
the
parties,
any
amount
the
court
16
orders
the
father
to
pay
toward
uncovered
medical
expenses
17
related
to
the
mother’s
pregnancy
and
the
birth
of
the
child
18
shall
be
established
in
proportion
to
each
parent’s
respective
19
net
income
as
calculated
under
the
child
support
guidelines
20
established
pursuant
to
section
598.21B,
and
shall
take
into
21
account
any
amount
the
father
previously
paid
toward
such
22
uncovered
medical
expenses.
23
c.
The
court
may
order
the
father
to
pay
a
separate
amount
24
toward
any
other
reasonable
and
necessary
expenses
incurred
by
25
the
mother
related
to
the
mother’s
pregnancy
prior
to
the
birth
26
of
the
child,
and
incurred
by
the
mother
to
provide
essential
27
items
for
the
health,
well-being,
and
safety
of
the
newborn.
28
d.
The
court
may
award
the
prevailing
party
the
reasonable
29
costs
of
suit,
including
but
not
limited
to
reasonable
attorney
30
fees.
31
2.
A
copy
of
a
bill
for
the
costs
of
prenatal
care
or
32
uncovered
medical
expenses
incurred
by
or
for
the
mother
33
in
connection
with
the
mother’s
pregnancy
and
the
birth
of
34
the
child
shall
be
admitted
as
evidence,
without
requiring
35
-5-
LSB
1223YH
(4)
91
cm/jh
5/
7
H.F.
511
third-party
foundation
testimony,
and
shall
constitute
prima
1
facie
evidence
of
amounts
incurred.
2
Sec.
15.
Section
600B.39,
Code
2025,
is
amended
to
read
as
3
follows:
4
600B.39
“Child”
defined.
5
For
the
purposes
of
this
chapter
,
“child”
means
a
person
born
6
out
of
wedlock
and
not
legitimized
who
is
less
than
eighteen
7
years
of
age.
8
Sec.
16.
Section
600B.41,
subsection
1,
Code
2025,
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
12
a
party
shall,
require
the
child,
mother,
and
alleged
father
13
to
submit
to
blood
or
genetic
tests,
except
that
if
the
mother
14
and
child
previously
submitted
blood
or
genetic
specimens
in
a
15
prior
action
to
establish
paternity
against
a
different
alleged
16
father,
the
previously
submitted
specimens
and
prior
results,
17
if
available,
may
be
utilized
for
testing
in
this
action.
Any
18
blood
or
genetic
tests
of
the
child,
mother,
or
alleged
father
19
shall
not
be
conducted
until
after
the
child’s
birth.
20
EXPLANATION
21
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
22
the
explanation’s
substance
by
the
members
of
the
general
assembly.
23
This
bill
relates
to
the
obligation
of
parents
of
a
child
24
born
out
of
wedlock
for
support.
25
The
bill
amends
Code
chapter
600B
(paternity
and
obligation
26
for
support)
to
provide
that
the
court
shall
establish
medical
27
support
pursuant
to
Code
chapter
252E
(medical
support)
and
may
28
order
the
payment
of
the
reasonable
and
necessary
uncovered
29
medical
expenses
incurred
by
or
for
the
mother
in
connection
30
with
the
mother’s
pregnancy
and
the
birth
of
the
child.
The
31
bill
provides
that
absent
good
cause
or
agreement
of
the
32
parties,
any
amount
the
court
orders
the
father
to
pay
toward
33
uncovered
medical
expenses
related
to
the
mother’s
pregnancy
34
and
the
birth
of
the
child
shall
be
established
in
proportion
35
-6-
LSB
1223YH
(4)
91
cm/jh
6/
7
H.F.
511
to
each
parent’s
respective
net
income
as
calculated
under
the
1
child
support
guidelines
established
pursuant
to
Code
section
2
598.21B
(orders
for
child
support
and
medical
support)
and
3
shall
take
into
account
any
amount
the
father
previously
paid
4
toward
such
expenses.
Additionally,
the
bill
provides
that
the
5
court
may
order
the
father
to
pay
a
separate
amount
toward
any
6
other
reasonable
and
necessary
expenses
incurred
by
the
mother
7
related
to
the
mother’s
pregnancy
prior
to
the
birth
of
the
8
child,
and
incurred
by
the
mother
to
provide
essential
items
9
for
the
health,
well-being,
and
safety
of
the
newborn.
10
Under
current
law,
upon
the
court’s
own
motion
or
upon
a
11
request
of
a
party,
the
court
shall
require
a
child,
mother,
12
and
alleged
father
to
submit
to
blood
or
genetic
tests
to
13
establish
paternity.
The
bill
provides
that
any
blood
or
14
genetic
tests
for
a
child,
mother,
or
alleged
father
shall
not
15
be
conducted
until
after
the
birth
of
the
child.
16
The
bill
makes
conforming
and
other
changes
in
Code
chapter
17
600B
consistent
with
the
bill.
18
-7-
LSB
1223YH
(4)
91
cm/jh
7/
7