Read the full stored bill text
Senate
File
81
-
Introduced
SENATE
FILE
81
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:
3
TLSB
1779XS
(6)
91
dg/ko
S.F.
81
Section
1.
Section
600B.4,
Code
2025,
is
amended
to
read
as
1
follows:
2
600B.4
Recovery
by
others
than
a
child’s
mother.
3
The
obligation
of
the
father
as
hereby
provided
creates
4
in
this
chapter
also
creates
a
cause
of
action
on
behalf
5
of
the
legal
representative
of
the
child’s
mother,
or
on
6
behalf
of
third
persons
furnishing
support
or
defraying
the
7
reasonable
expenses
thereof
of
the
mother
,
where
paternity
8
has
been
judicially
established
by
proceedings
brought
by
the
9
mother
,
or
by
or
on
behalf
of
the
child
,
or
by
the
authorities
10
charged
with
its
the
child’s
support,
or
where
paternity
11
has
been
acknowledged
by
the
father
in
writing
,
established
12
by
the
father
through
blood
or
genetic
testing
conducted
in
13
accordance
with
section
600B.41
or
chapter
252F,
or
by
the
part
14
performance
of
the
obligations
imposed
upon
him
the
father
.
15
Sec.
2.
Section
600B.6,
Code
2025,
is
amended
to
read
as
16
follows:
17
600B.6
Liability
of
the
father’s
estate
of
a
child’s
father
.
18
The
obligation
of
the
a
child’s
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
father’s
lawful
28
issue,
if
any,
and
the
rights
of
the
father’s
widow,
if
29
any.
The
court
may
direct
the
discharge
of
the
obligation
by
30
periodical
payments
or
by
the
payment
of
a
lump
sum.
31
Sec.
3.
Section
600B.8,
Code
2025,
is
amended
to
read
as
32
follows:
33
600B.8
Who
may
institute
proceedings.
34
The
proceedings
may
be
brought
by
the
child’s
mother,
or
35
-1-
LSB
1779XS
(6)
91
dg/ko
1/
6
S.F.
81
other
an
interested
person,
the
alleged
father
of
the
child,
1
or
,
if
the
child
is
or
is
likely
to
be
a
public
charge,
by
the
2
authorities
charged
with
its
the
child’s
support.
After
the
3
death
of
the
mother
or
in
case
of
her
disability
if
the
mother
4
becomes
disabled
,
it
the
proceedings
may
also
be
brought
by
the
5
child
acting
through
its
the
child’s
guardian
or
next
friend
6
legal
representative
.
7
Sec.
4.
Section
600B.9,
Code
2025,
is
amended
to
read
as
8
follows:
9
600B.9
Time
of
instituting
proceedings.
10
The
proceedings
may
be
instituted
during
the
pregnancy
of
11
the
child’s
mother
or
after
the
birth
of
the
child,
but,
except
12
with
the
consent
of
all
parties,
the
trial
shall
not
be
held
13
until
after
the
birth
of
the
child
and
shall
be
held
no
earlier
14
than
twenty
days
from
the
date
the
child’s
alleged
father
or
15
the
mother
is
served
with
notice
of
the
action
or,
if
blood
16
or
genetic
tests
are
conducted,
no
earlier
than
thirty
days
17
from
the
date
the
test
results
are
filed
with
the
clerk
of
the
18
district
court
as
provided
under
section
600B.41
.
19
Sec.
5.
Section
600B.11,
Code
2025,
is
amended
to
read
as
20
follows:
21
600B.11
Nonresident
complainant.
22
It
is
not
a
bar
to
the
jurisdiction
of
the
court,
that
the
23
complaining
mother
or
child
complainant
resides
in
another
24
state.
25
Sec.
6.
Section
600B.13,
Code
2025,
is
amended
to
read
as
26
follows:
27
600B.13
Form
of
complaint
——
verification.
28
The
complaint
may
be
made
in
writing,
or
oral
orally
and
29
in
the
presence
of
the
complainant
reduced
to
writing
by
the
30
prosecuting
attorney.
It
The
complaint
shall
be
verified
by
31
oath
or
affirmation
of
the
complainant.
32
Sec.
7.
Section
600B.14,
Code
2025,
is
amended
to
read
as
33
follows:
34
600B.14
Substance
of
complaint.
35
-2-
LSB
1779XS
(6)
91
dg/ko
2/
6
S.F.
81
1.
The
If
the
complainant
is
the
child’s
mother
or
the
1
child,
the
complaint
shall
charge
allege
the
person
named
as
2
defendant
with
being
is
the
father
of
the
child.
3
2.
If
an
alleged
father
is
the
complainant,
the
complaint
4
shall
allege
that
the
complainant
is
the
father
of
the
child.
5
Sec.
8.
Section
600B.16,
Code
2025,
is
amended
to
read
as
6
follows:
7
600B.16
Lis
pendens.
8
From
the
time
of
the
filing
of
such
a
complaint,
a
lien
9
shall
be
created
upon
the
real
property
of
the
accused
child’s
10
alleged
father
in
the
county
where
the
action
is
pending
for
11
the
payment
of
any
money
and
the
performance
of
any
court
order
12
adjudged
by
the
proper
court
.
13
Sec.
9.
Section
600B.17,
Code
2025,
is
amended
to
read
as
14
follows:
15
600B.17
Writ
of
attachment.
16
The
district
court
may
order
an
attachment
to
issue
thereon
17
on
the
real
property
upon
which
a
lien
is
created
without
18
bond
,
which
order
.
The
order
shall
specify
the
amount
of
real
19
property
to
be
seized
thereunder
,
and
may
be
revoked
at
any
20
time
by
such
the
court
on
a
showing
made
for
a
revocation
of
the
21
same,
order
and
on
such
terms
as
such
the
court
may
deem
deems
22
proper
in
the
premises
.
23
Sec.
10.
Section
600B.21,
Code
2025,
is
amended
to
read
as
24
follows:
25
600B.21
Death,
absence
,
or
mental
illness
of
a
child’s
mother
26
or
alleged
father
——
testimony
receivable.
27
If
after
the
complaint
is
filed
the
mother
complainant
28
dies
,
or
becomes
mentally
ill
,
or
cannot
be
found
within
the
29
jurisdiction,
the
proceeding
does
not
abate,
but
the
child
30
shall
be
substituted
as
the
complainant.
The
testimony
of
the
31
child’s
mother
or
alleged
father
taken
by
deposition
as
in
32
other
civil
cases,
may
in
any
such
case
be
read
as
evidence
33
and
in
all
cases
shall
be
read
as
evidence
if
demanded
by
the
34
defendant.
35
-3-
LSB
1779XS
(6)
91
dg/ko
3/
6
S.F.
81
Sec.
11.
Section
600B.22,
Code
2025,
is
amended
to
read
as
1
follows:
2
600B.22
Death
of
defendant.
3
In
case
of
the
death
of
the
defendant
,
the
action
may
be
4
prosecuted
against
the
personal
representative
of
the
deceased
5
with
like
effects
as
if
the
defendant
were
living
,
subject
as
6
regards
the
measure
of
for
purposes
of
determining
support
to
7
the
provision
of
under
section
600B.6
.
8
Sec.
12.
Section
600B.24,
Code
2025,
is
amended
to
read
as
9
follows:
10
600B.24
Judgment
in
general.
11
1.
If
the
defendant
child’s
alleged
father
,
after
being
12
served
with
notice
as
required
under
section
600B.15
,
fails
13
to
timely
respond
to
the
notice,
or
to
appear
for
blood
or
14
genetic
tests
pursuant
to
a
court
or
administrative
order,
or
15
to
appear
at
a
scheduled
hearing
after
being
provided
notice
of
16
the
hearing,
the
court
shall
find
the
defendant
alleged
father
17
in
default
and
enter
a
default
judgment
an
appropriate
order
.
18
2.
Upon
a
finding
of
paternity
against
or
for
the
defendant
19
child’s
alleged
father
,
the
court
shall
enter
a
judgment
20
against
the
defendant
declaring
paternity
of
the
alleged
father
21
and
ordering
support
of
the
child.
22
Sec.
13.
Section
600B.29,
Code
2025,
is
amended
to
read
as
23
follows:
24
600B.29
Desertion
statute
applicable.
25
The
provisions
of
sections
726.3
through
726.5
relating
to
26
desertion
and
abandonment
of
children,
have
the
same
effect
27
in
cases
of
illegitimacy
where
paternity
has
been
judicially
28
established,
has
been
established
through
blood
or
genetic
29
testing,
or
has
been
acknowledged
by
the
child’s
father
30
in
writing
or
by
the
furnishing
of
support,
as
in
cases
of
31
children
born
in
wedlock.
32
Sec.
14.
Section
600B.36,
Code
2025,
is
amended
to
read
as
33
follows:
34
600B.36
Report
to
registrar
of
vital
statistics.
35
-4-
LSB
1779XS
(6)
91
dg/ko
4/
6
S.F.
81
Upon
the
entry
of
a
judgment
determining
the
paternity
of
a
1
child
,
the
clerk
of
the
district
court
shall
notify
in
writing
2
send
written
notice
to
the
state
registrar
of
vital
statistics
3
of
the
name
of
the
person
against
whom
such
judgment
has
been
4
entered,
together
with
such
father
and
other
facts
disclosed
5
by
the
records
as
that
may
assist
in
identifying
the
child’s
6
birth
record
of
the
birth
of
the
child
as
the
same
may
appear
7
in
the
office
of
said
registrar
.
If
such
the
judgment
shall
8
thereafter
be
is
vacated
that
fact
,
the
vacating
order
shall
be
9
reported
by
the
clerk
in
the
same
manner.
10
Sec.
15.
Section
600B.41,
subsection
1,
Code
2025,
is
11
amended
to
read
as
follows:
12
1.
In
a
proceeding
to
establish
paternity
,
in
law
or
in
13
equity
the
court
may
on
its
own
motion,
and
upon
request
of
a
14
party
shall
including
the
child’s
mother
or
alleged
father
,
15
require
the
child,
mother,
and
alleged
father
to
submit
to
16
blood
or
genetic
tests,
except
that
if
the
mother
and
child
17
previously
submitted
blood
or
genetic
specimens
in
a
prior
18
action
to
establish
paternity
against
a
different
alleged
19
father,
the
previously
submitted
specimens
and
prior
results,
20
if
available,
may
be
utilized
for
testing
in
this
action
.
The
21
mother
or
the
child’s
alleged
father
requesting
the
tests
22
shall
file
an
affidavit
with
the
court
that
alleges
or
denies
23
paternity
and
contains
facts
that
establish
the
reasonable
24
possibility
that
there
was,
or
was
not,
the
requisite
sexual
25
contact
between
the
mother
and
the
alleged
father.
26
EXPLANATION
27
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
28
the
explanation’s
substance
by
the
members
of
the
general
assembly.
29
This
bill
amends
Code
chapter
600B
(paternity
and
obligation
30
for
support)
to
allow
an
alleged
father
of
a
child,
the
child’s
31
mother,
or
the
child
to
file
a
complaint
to
establish
paternity
32
of
the
child
and
an
obligation
for
support
of
the
child.
Under
33
current
law,
the
proceedings
under
Code
chapter
600B
may
be
34
brought
only
by
the
mother,
or
other
interested
person,
or
35
-5-
LSB
1779XS
(6)
91
dg/ko
5/
6
S.F.
81
if
the
child
is
or
is
likely
to
be
a
public
charge,
by
the
1
authorities
charged
with
the
child’s
support.
The
bill
makes
2
conforming
changes
throughout
the
Code
chapter
to
provide
that
3
the
alleged
father
may
also
be
the
complainant
or
plaintiff.
4
The
bill
includes
an
alleged
father
as
a
party
that
may
5
request
blood
or
genetic
testing
in
a
proceeding
to
establish
6
paternity,
and
provides
that
a
mother
or
alleged
father
7
requesting
the
testing
shall
file
an
affidavit
with
the
court
8
that
alleges
or
denies
paternity
and
contains
facts
that
9
establish
the
reasonable
possibility
that
there
was,
or
was
10
not,
the
requisite
sexual
contact
between
the
mother
and
the
11
alleged
father.
12
-6-
LSB
1779XS
(6)
91
dg/ko
6/
6