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SECOND REGULAR SESSION
HOUSE BILL NO. 3197
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE RUSH.
6237H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapter 454, RSMo, by adding thereto one new section relating to genetic testing.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 454, RSMo, is amended by adding thereto one new section, to be
2 known as section 454.486, to read as follows:
454.486. 1. As used in this section, the following terms mean:
2 (1) "Absent par ent", a paren t not r esiding with or not pro viding dir ect car e for a
3 child at birth;
4 (2) "Genetic test", a DNA-based paternity test administer ed by a hospital or
5 licensed medical prov ider and pro cessed by an accredi ted laboratory;
6 (3) "Mother", a woman who gives birth to a child;
7 (4) "Putative father", any man alleged or pre sumed to be the father of a child,
8 including a man married to the mother unless dispr oven by a genetic test.
9 2. Notwithstanding any pro vision of law , beginning January 1, 2027, a genetic
10 test shall be administered at the time of birth for every newborn child in this state when:
11 (1) A putative father is identified;
12 (2) Paternity is disputed; or
13 (3) The mother or alleged father requ ests testing.
14 3. (1) Paternity shall be consider ed legally established only upon r eceipt of a
15 valid genetic test confirming a biological relat ionship of at least ninety-nine per cent
16 pr obability .
17 (2) If a genetic test excludes a putative father:
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
18 (a) The excluded putative father shall bear no legal or financial res ponsibility for
19 the child, including child support; and
20 (b) The excluded putative father shall not be subject to back child support or
21 arr ears.
22 (3) No civil or criminal penalties shall be imposed for failure to support a child
23 befor e the genetic test results.
24 4. (1) An absent par ent shall not accrue child support obligations, including
25 r etr oactive payments, until paternity is genetically established.
26 (2) No person shall be prosecuted, jailed, or penalized for failur e to pay child
27 support for a child prior to a genetic test confirming paternity .
28 (3) Any child support order issued in error due to misassigned paternity shall be
29 void, and the affected individual shall be r eleased fr om all arrears.
30 5. (1) Ther e is hereby cr eated in the state tr easury the "Missouri Genetic
31 T esting Fund", which may consist of moneys appr opriated to it by the general assembly
32 or any gifts, contributions, grants, or bequests received fr om federal, private, or other
33 sour ces. Moneys in the fund shall be used to cover all or part of the costs of genetic
34 testing for persons who are not able to pay for such testing. The state tr easurer shall be
35 custodian of the fund. In accordance with sections 30.170 and 30.180, the state tre asurer
36 may appr ove disbursements. The fund shall be a dedicated fund and, upon
37 appr opriation, moneys in this fund shall be used solely as pr ovided in this subdivision.
38 (2) Notwithstanding the pro visions of section 33.080 to the contrary , any moneys
39 r emaining in the fund at the end of the biennium shall not r evert to the credit of the
40 general reven ue fund.
41 (3) The state tre asurer shall invest moneys in the fund in the same manner as
42 other funds ar e invested. Any interes t and moneys earned on such investments shall be
43 cr edited to the fund.
44 6. (1) Genetic test res ults shall be used exclusively for establishing paternity and
45 child support purposes and shall not be used for criminal investigations without a court
46 order .
47 (2) All genetic materials and data shall be destr oyed after a paternity
48 determination is complete, except when voluntarily reta ined for futur e family medical
49 history .
50 7. The department of health and senior services and the department of social
51 services shall promulg ate all necessary rules and reg ulations for the administration of
52 this section. Any rule or portion of a rule, as that term is defined in section 536.010, that
53 is cr eated under the authority delegated in this section shall become effective only if it
54 complies with and is subject to all of the pr ovisions of chapter 536 and, if applicable,
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55 section 536.028. This section and chapter 536 are nonseverable and if any of the powers
56 vested with the general assembly pursuant to chapter 536 to revi ew , to delay the
57 effective date, or to disappr ove and annul a rule are subsequently held unconstitutional,
58 then the grant of rulemaking authority and any rule pro posed or adopted after August
59 28, 2026, shall be invalid and void.
✔
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