Bill Text: IN SB0178 | 2010 | Regular Session | Enrolled
Bill Title: Custody and parenting time matters.
Spectrum: Bipartisan Bill
Status: (Passed) 2010-03-25 - Effective 07/01/2010 [SB0178 Detail]
Download: Indiana-2010-SB0178-Enrolled.html
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AN ACT to amend the Indiana Code concerning family law and juvenile law.
(1) a hospital; or
(2) a local health department.
(b) Immediately before or after the birth of a child who is born out of wedlock, a person who attends or plans to attend the birth, including personnel of all public or private birthing hospitals, shall:
(1) provide an opportunity for:
(A) the child's mother; and
(B) a man who reasonably appears to be the child's biological father;
to execute an affidavit acknowledging paternity of the child; and
(2) verbally explain to the individuals listed in subdivision (1) the legal effects of an executed paternity affidavit as described in subsection
(c) A paternity affidavit must be executed on a form provided by the state department. The paternity affidavit is valid only if the affidavit is executed as follows:
(1) If executed through a hospital, the paternity affidavit must be
completed not more than seventy-two (72) hours after the child's
birth.
(2) If executed through a local health department, the paternity
affidavit must be completed before the child has reached the age
of emancipation.
(d) A paternity affidavit is not valid if it is executed after the mother
of the child has executed a consent to adoption of the child and a
petition to adopt the child has been filed.
(e) A paternity affidavit executed under this section must contain or
be attached to all of the following:
(1) The mother's sworn statement asserting that a person
described in subsection (b)(1)(B) is the child's biological father.
(2) A statement by a person identified as the father under
subdivision (1) attesting to a belief that he is the child's biological
father.
(3) Written information furnished by the child support bureau of
the department of child services:
(A) explaining the effect of an executed paternity affidavit as
described in subsection (g); (h); and
(B) describing the availability of child support enforcement
services.
(4) The Social Security number of each parent.
(f) A paternity affidavit executed under this section must
contain all of the following:
(1) A statement:
(A) that, if the mother and the person described in
subsection (e)(2) check the box located next to this
statement and sign on the signature lines described in
subdivision (2), the mother and the person described in
subsection (e)(2) agree to share joint legal custody of the
child; and
(B) that joint legal custody means that the persons sharing
joint legal custody:
(i) share authority and responsibility for the major
decisions concerning the child's upbringing, including
the child's education, health care, and religious training;
and
(ii) have equal access to the child's school and medical
records.
(2) Two (2) signature lines located below the statements
described in subdivision (1).
(3) A statement that, if the mother and the person described
in subsection (e)(2) do not agree to share joint legal custody,
the mother has sole legal custody unless another
determination is made by a court in a proceeding under
IC 31-14.
(4) A statement that even if the mother and the person
described in subsection (e)(2) share joint legal custody, the
mother has primary physical custody of the child unless
another determination is made by a court in a proceeding
under IC 31-14.
(5) A statement that, if the mother and the person described
in subsection (e)(2) agree to share joint legal custody as
described under subdivision (1)(A), the agreement to share
joint legal custody is void unless the result of a genetic test
performed by an accredited laboratory:
(A) indicates that the person described in subsection (e)(2)
is the child's biological father; and
(B) is submitted to a local health officer not later than sixty
(60) days after the child's birth.
(6) A statement with signature lines that affirms that an
individual described in subsection (r) has had an opportunity
to consult with an adult chosen by the individual.
(f) (g) A woman who knowingly or intentionally falsely names a
man as the child's biological father under this section commits a Class
A misdemeanor.
(g) (h) A paternity affidavit executed under this section:
(1) establishes paternity;
(2) gives rise to parental rights and responsibilities of the person
described in subsection (e)(2), including:
(A) the right of the child's mother or the Title IV-D agency to
obtain a child support order against the person, which may
include an order requiring the provision of health insurance
coverage; and
(B) reasonable parenting time rights in accordance with the
parenting time guidelines adopted by the Indiana supreme
court, unless another determination is made by a court in a
proceeding under IC 31-14-14; and
(3) may be filed with a court by the department of child services.
However, if a paternity affidavit is executed under this section, unless
another determination is made by a court in a proceeding under
IC 31-14 or the child's mother and the person described in
subsection (e)(2) agree to share joint legal custody of the child as
described in subsection (f), the child's mother has sole legal and
primary physical custody of the child. unless another custody
determination is made by a court in a proceeding under IC 31-14.
(h) (i) Notwithstanding any other law, a man who is a party to a
paternity affidavit executed under this section may, within sixty (60)
days of the date that a paternity affidavit is executed under this section,
file an action in a court with jurisdiction over paternity to request an
order for a genetic test.
(i) (j) A paternity affidavit that is properly executed under this
section may not be rescinded more than sixty (60) days after the
paternity affidavit is executed unless a court:
(1) has determined that fraud, duress, or material mistake of fact
existed in the execution of the paternity affidavit; and
(2) at the request of a man described in subsection (h), (i), has
ordered a genetic test, and the test indicates that the man is
excluded as the father of the child.
(j) (k) Unless good cause is shown, a court shall not suspend the
legal responsibilities under subsection (g)(2)(A) (h)(2)(A) of a party to
the executed paternity affidavit during a challenge to the affidavit.
(k) (l) The court may not set aside the paternity affidavit unless a
genetic test ordered under subsection (h) or (i) (i) or (j) excludes the
person who executed the paternity affidavit as the child's biological
father.
(l) (m) If a paternity affidavit is not executed under subsection (b),
the hospital where the birth occurs or a person in attendance at the birth
shall inform the child's mother of services available for establishing
paternity.
(m) (n) Except as provided in this section, if a man has executed a
paternity affidavit in accordance with this section, the executed
paternity affidavit conclusively establishes the man as the legal father
of a child without any further proceedings by a court.
(o) If both the mother and the person described in subsection
(e)(2) check the box and sign as described in subsection (f)(1)(A),
the mother and the person described in subsection (e)(2):
(1) share joint legal custody of the child; and
(2) have equal access to the child's school and medical
records.
An action to establish custody or parenting time of a party who has
agreed under subsection (f) to share joint legal custody shall be
tried de novo.
(p) Before a paternity affidavit executed under this section is
signed, it must be presented separately to:
(1) the child's mother; and
(2) the man who reasonably appears to be the child's
biological father;
so that the child's mother may review the affidavit alone and
without the presence of the man who reasonably appears to be the
child's biological father, and so that the man who reasonably
appears to be the child's biological father may review the affidavit
alone and without the presence of the child's mother. A signed
paternity affidavit is voidable if the requirements of this subsection
are not satisfied.
(q) An agreement to share joint legal custody described under
subsection (f) is void if either of the following applies:
(1) A genetic test performed by an accredited laboratory
indicates a person described in subsection (e)(2) is not the
biological father of the child.
(2) A person described in subsection (e)(2) fails to submit:
(A) to a local health officer; and
(B) not later than sixty (60) days after the date of the
child's birth;
the results of a genetic test performed by an accredited
laboratory that indicates the person is the biological father of
the child.
(r) An individual who is:
(1) a:
(A) child's mother; or
(B) person identified as the father under subsection (e)(1);
and
(2) less than eighteen (18) years of age;
must have an opportunity to consult with any adult chosen by the
individual regarding the contents of a paternity affidavit before
signing the paternity affidavit under this section. A signed
paternity affidavit is voidable if the individual does not have the
opportunity to consult with an adult chosen by the individual.
(1) IC 12-26 (involuntary commitment of a child).
(2) IC 29-3 (guardianship and protective proceedings under the probate code).
(3) IC 31-14 (custody of a child born outside of a marriage).
(4) IC 31-34 (child in need of services).
(5) IC 31-37 (delinquent child).
(6) IC 35-46 (offenses against the family).
(7) IC 35-50 (criminal sentences).
(8) An order by a court that has jurisdiction over the child.
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