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Archive for July, 2009

Wyoming State Paternity Laws

posted by DNA Identifiers @ 11:22 AM
Thursday, July 30, 2009

wyoming

The below information is a general guide to Wyoming State Paternity Laws. Please conduct further research on your state laws for current or updated information or contact a family attorney for professional legal advice. For information on state collection locations, click here.

Link: Wyoming Department of Family Services

Required Probability of Paternity for Wyoming Courts: 99%

Required Paternity Index: 100 to 1

Current Wyoming Paternity Law: Title 14 Children Chapter 1 General Provisions – Article 5

PARENT-CHILD RELATIONSHIP

14-2-501.  Establishment of parent-child relationship.

(a)  The mother-child relationship is established between a woman and a child by:

(i)  The woman’s having given birth to the child;

(ii)  An adjudication of the woman’s maternity; or

(iii)  Adoption of the child by the woman.

(b)  The father-child relationship is established between a man and a child by:

Read more »

Wisconsin State Paternity Laws

posted by DNA Identifiers @ 3:53 PM
Wednesday, July 29, 2009

wisconsin

The below information is a general guide to Wisconsin State Paternity Laws. Please conduct further research on your state laws for current or updated information or contact a family attorney for professional legal advice. For information on state collection locations, click here.

Link: About Voluntary Paternity Acknowledgment

Link: Wisconsin Dept. of Children and Families

Link: Wisconsin Establishing Paternity

Required Probability of Paternity for Wisconsin Courts: 99%

Required Paternity Index: None at this time

Current Wisconsin Paternity Law: 891.39

891.39 Presumption as to whether a child is marital or nonmarital; self−crimination; birth certificates.
(1) (a) Whenever it is established in an action or proceeding that a child was born to a woman while she was the lawful wife of a specified man, any party asserting in such action or proceeding that the husband was not the father of the child shall have the burden of proving that assertion by a clear and satisfactory preponderance of the evidence. In all such actions or proceedings the husband and the wife are competent to testify as witnesses to the facts. The court or judge in such cases shall appoint a guardian ad litem to appear for and represent the child whose paternity is

Read more »

Georgia State Paternity Laws

posted by DNA Identifiers @ 4:17 PM
Monday, July 27, 2009

georgia

The below information is a general guide to Georgia State Paternity Laws. Please conduct further research on your state laws for current or updated information or contact a family attorney for professional legal advice. For information on state collection locations, click here.

Link: Georgia Department Of Human Services – Paternity Establishment

Link: Georgia Establishing Paternity and Legitimization under Georgia Law

Link: Georgia Judicial Branch Self Help

Link: Georgia Legitimation Packet

Link: Georgia: Fulton County Superior Court Family Division

Required Probability of Paternity for Georgia Courts: 97%

Required Paternity Index: None at this time

Current Georgia Paternity Law: O.C.G.A. § 19-7-21.1

TITLE 19.  DOMESTIC RELATIONS  
CHAPTER 7.  PARENT AND CHILD RELATIONSHIP GENERALLY  
ARTICLE 2.  LEGITIMACY
O.C.G.A. § 19-7-21.1  (2008)


§ 19-7-21.1.  ”Acknowledgment of legitimation” and “legal father” defined; signing acknowledgment of legitimation; when acknowledgment not recognized; making false statement; rescinding acknowledgment


(a) As used in this Code section, the term:

(1) ”Acknowledgment of legitimation” means a written statement contained in a voluntary acknowledgment of paternity form indicating that a mother and father of a child born out of wedlock have freely agreed and consented that the child may be legitimated.

(2) ”Legal father” means a male who:

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Delaware Sate Paternity Laws

posted by DNA Identifiers @ 4:16 PM
Monday, July 27, 2009

delaware

The below information is a general guide to Delaware Sate Paternity Laws. Please conduct further research on your state laws for current or updated information or contact a family attorney for professional legal advice. For information on state collection locations, click here.

Link: Delaware Judiciary Self Help Forms

Required Probability of Paternity for Delaware Courts: 99%

Required Paternity Index: .50 on a scale of 0 to 100

Current Delaware Paternity Law: Chapter 136 Section 8-202 to 8-310

§ 8-202. NO DISCRIMINATION BASED ON MARITAL STATUS. A child born to parents who are not married to each other has the same rights under the law as a child born to parents who are married to each other.

§ 8-203. CONSEQUENCES OF ESTABLISHMENT OF PARENTAGE. Unless parental rights are terminated, a parent-child relationship established under this Chapter applies for all purposes, except as otherwise specifically provided by other law of this State.

§ 8-204. PRESUMPTION OF PATERNITY IN CONTEXT OF MARRIAGE.

(a) A man is presumed to be the father of a child if:

Read more »

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District of Columbia Paternity Laws

posted by DNA Identifiers @ 4:15 PM
Monday, July 27, 2009

The below information is a general guide. Please conduct further research on your state laws for current or updated information or contact a family attorney for professional legal advice.

Link: Biological Mother’s Affidavit Concerning Paternity

Link: Petition to Establish Paternity and/or for Child Support

Required Probability of Paternity for District of Columbia Courts: 99%

Required Paternity Index: None at this time

Current District of Columbia Paternity Law: Section 16-909.01.

Establishment of paternity by voluntary acknowledgment and based on genetic test results.

(a) Paternity may be established by:

(1) A written statement of the father and mother signed under oath (which may include signature in the presence of a notary) that acknowledges paternity; provided, that before the parents sign the acknowledgment, both have been given written and oral notice of the alternatives to, legal consequences of, and the rights and responsibilities that arise from signing the acknowledgment. (Oral notice may be given through videotape or audiotape.) The acknowledgment shall include the full name, the social security number, and date of birth of the mother, father, and child, the addresses of the mother and father, the birthplace of the child, an explanation of the legal consequences of the affidavit, a statement indicating that both parents understand their rights, responsibilities, and the alternatives and consequences of signing the affidavit, the place the affidavit was completed, signature lines for the parents, and any other data elements required by federal law. Nothing in this paragraph shall affect the validity of a voluntary acknowledgment of paternity executed before December 23, 1997, or preclude the submission of an acknowledgment of paternity that does not comply with the requirements of this paragraph as evidence of paternity in a judicial or administrative proceeding; or

(2) A result and an affidavit from a laboratory of a genetic test of a type generally acknowledged as reliable by accreditation bodies designated by the Secretary of the U.S. Department of Health and Human Services that is performed by a laboratory approved by such a body, that affirms at least

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Colorado State Paternity Laws

posted by DNA Identifiers @ 4:11 PM
Monday, July 27, 2009

colorado

The below information is a general guide to Colorado State Paternity Laws. Please conduct further research on your state laws for current or updated information or contact a family attorney for professional legal advice. For information on state collection locations, click here.

Link: Colorado Judicial Self Help Forms

Link: Colorado Judicial Self Help Paternity Forms

Link: Colorado Acknowledgment of Paternity

Required Probability of Paternity for Colorado Courts: 97%

Required Paternity Index: None at this time

Current Colorado Paternity Law: Section 19-4

19-4-102 – Parent and child relationship defined.

As used in this article, “parent and child relationship” means the legal relationship existing between a child and his natural or adoptive parents incident to which the law confers or imposes rights, privileges, duties, and obligations. “Parent and child relationship” includes the mother and child relationship and the father and child relationship.

Source: L. 87: Entire title R&RE, p. 793, § 1, effective October 1.

Law reviews. For comment, “Bastardizing the Legitimate Child: The Colorado Supreme Court Invalidates the Uniform Parentage Act Presumption of Legitimacy in R. McG. v. J.W.”, see 59 Den L.J. 157 (1981). For comment, “The Unwed Father’s Parental Rights and Obligations After S.P.B.: A Retreat in Constitutional Protection”, see 60 Den. L.J. 659 (1983).

Annotator’s note. The following annotations include cases decided under former provisions similar to this section.

One basic purpose of this article is the establishment of the parent-child relationship, and another is the protection of that relationship. R. McG. v. J.W., 200 Colo. 345, 615 P.2d 666 (1980).

Applied in People in Interest of S.P.B., 651 P.2d 1213 (Colo. 1982).


19-4-103 – Relationship not dependent on marriage.

The parent and child relationship extends equally to every child and to every parent,

Read more »

California State Paternity Laws

posted by DNA Identifiers @ 4:08 PM
Monday, July 27, 2009

california

The below information is a general guide to California State Paternity Laws. Please conduct further research on your state laws for current or updated information or contact a family attorney for professional legal advice. For information on state collection locations, click here.

Link: State of California – Establish/Disestablish Paternity/Vital Records/Other State Information

Link: California Court’s Self Help Center

Link: California Establishing Paternity Brochure

Link: California Paternity – FAQ’s

Required Probability of Paternity for California Courts: 99%

Required Paternity Index: prior probability of 0.50, as calculated by using the combined paternity index obtained in the testing

Current California Paternity Law: Bill Number AB 2380 Chapters 2 and 3

CHAPTER 2. PARENT-CHILD RELATIONSHIP

7621. (a) The mother-child relationship is established between a woman and a child by any of the following:

(1) The woman’s having given birth to the child.

(2) An adjudication of the woman’s maternity.

(3) Adoption of the child by the woman.
(b) The father-child relationship is established between a man and a child by any of the following:

Read more »

Arkansas State Paternity Laws

posted by DNA Identifiers @ 4:07 PM
Monday, July 27, 2009

arkansas

The below information is a general guide to Arkansas State Paternity Laws. Please conduct further research on your state laws for current or updated information or contact a family attorney for professional legal advice. For information on state collection locations, click here.

Required Probability of Paternity for Arkansas Courts: 95%

Required Paternity Index: None at this time

Current Arkansas Paternity Law: Section 28-9-209

Legitimacy of child — Effect.

(a)(1)If the parents of a child have lived together as man and wife and, before the birth of their child, have participated in a marriage ceremony in apparent compliance with the law of the state where the marriage ceremony was performed, though the attempted marriage is void, their child is deemed to be the legitimate child of both parents for all purposes of intestate succession.

(2)A child born or conceived during a marriage is presumed to be the legitimate child of both spouses for the same purposes.

(b)If a man has a child or children by a woman, and

Read more »

Arizona State Paternity Laws

posted by DNA Identifiers @ 4:03 PM
Monday, July 27, 2009

arizona

The below information is a general guide to Arizona State Paternity Laws. Please conduct further research on your state laws for current or updated information or contact a family attorney for professional legal advice. For information on state collection locations, click here.

Link: Arizona Establishing Paternity

Required Probability of Paternity for Arizona Courts: 95%

Required Paternity Index: None at this time

Current Arizona Paternity Law: Section 25-814

Presumption of Paternity:

A. A man is presumed to be the father of the child if:

1. He and the mother of the child were married at any time in the ten months immediately preceding the birth or the child is born within ten months after the marriage is terminated by death, annulment, declaration of invalidity or dissolution of marriage or after the court enters a decree of legal separation.

2. Genetic testing affirms at least a ninety-five per cent probability of paternity.

3. A birth certificate is signed by the mother and father of a child born out of wedlock.

4. A notarized or witnessed statement is signed by both parents acknowledging paternity or separate substantially similar notarized or witnessed statements are signed by both parents acknowledging paternity.

Read more »

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Alabama State Paternity Laws

posted by DNA Identifiers @ 3:58 PM
Monday, July 27, 2009

Alabama State Paternity Laws

The below information is a general guide to Alabama State Paternity Laws. Please conduct further research on your state laws for current or updated information or contact a family attorney for professional legal advice. For information on state collection locations, click here.

Link: Alabama Establishing Paternity

Link: Alabama Child Support Forms

Required Probability of Paternity for Alabama Courts: 97%

Required Paternity Index: None at this time

Current Alabama Paternity Law: Section 26-17-13

Evidence relating to paternity; refusal to testify; immunity; evidence of intercourse with other men; medical and health care bills.

(a) Evidence relating to paternity may include any of the following:

(1) Evidence of sexual intercourse between the mother and alleged father at any possible time of conception.

(2) An expert’s opinion concerning the statistical probability of the alleged father’s paternity based upon the duration of the mother’s pregnancy.

(3) Genetic test results, weighed in accordance with evidence,

Read more »

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