CSSSHB 128(FIN): "An Act relating to paternity determinations and acknowledgements."
00CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 128(FIN) 01 "An Act relating to paternity determinations and acknowledgements." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 18.50 is amended by adding a new section to read: 04 Sec. 18.50.165. ACKNOWLEDGEMENT OF PATERNITY; FORMS. (a) 05 The state registrar shall prepare a form for use in acknowledging paternity under 06 AS 25.20.055. The form must include 07 (1) a statement that the man who signs the form is acknowledging that 08 the man is the natural father of the child named in the form and that the man assumes 09 the parental duty of support of that child; 10 (2) the address and social security number of both parents of the child 11 named in the form; 12 (3) signature lines for both parents; and 13 (4) a signature line for either a witness or notary public. 14 (b) The registrar shall distribute copies of the form prepared under (a) of this
01 section to each hospital in the state, to each physician in the state whose practice 02 includes attendance at births, to each nurse-midwife and direct-entry midwife in the 03 state, and to each other interested person in the state who requests copies of the form. 04 (c) A completed form prepared under (a) of this section is presumptive 05 evidence of a parent and child relationship between the man signing the form and the 06 child named in the form if the form is signed by the man and the child's natural 07 mother and witnessed by a person qualified to take acknowledgements under 08 AS 09.63.010 or other competent adult witness. 09 (d) The state registrar shall keep on file all forms acknowledging paternity that 10 are submitted to the registrar under AS 25.20.055. 11 * Sec. 2. AS 25.20.050 is amended by adding new subsections to read: 12 (g) A default judgment shall be entered against the defendant in an action 13 where paternity is contested upon 14 (1) a showing that process was served on the defendant as required 15 under applicable state law and court rules; 16 (2) a showing that the defendant has failed to appear at a hearing in the 17 action or has failed to respond within a reasonable period of time as specified in court 18 rules; and 19 (3) any additional showing determined necessary by the court. 20 (h) The court in a paternity action shall give full faith and credit to a 21 determination of paternity made by another state, whether established through 22 voluntary acknowledgment or through administrative or judicial procedures. 23 * Sec. 3. AS 25.20 is amended by adding a new section to read: 24 Sec. 25.20.055. EARLY ACKNOWLEDGEMENT OF PATERNITY 25 PROGRAM. (a) When a birth occurs to an unmarried woman in a hospital or en 26 route to a hospital to which the woman is later admitted, the hospital shall ensure that 27 a staff member 28 (1) meets with the woman before release from the hospital; 29 (2) attempts to meet with the father of the unmarried woman's child, 30 if possible; 31 (3) presents to the mother and, if possible, the father, a pamphlet or
01 statement regarding the rights and responsibilities of a natural parent; the Department 02 of Health and Social Services shall prepare this pamphlet and distribute copies of it 03 to each hospital in the state, to each physician in the state whose practice includes 04 attendance at births, to each nurse-midwife and direct-entry midwife in the state, and 05 to other interested persons in the state who request copies; 06 (4) provides to the mother and, if possible, the father, all forms, 07 statements, or agreements necessary to voluntarily establish a parent and child 08 relationship, including an acknowledgement of paternity form prepared under 09 AS 18.50.165; 10 (5) on request of the mother and father, assists the father in completing 11 specific forms, statements, or agreements necessary to establish a parent and child 12 relationship between the father and the child; and 13 (6) on request of the mother and father, mails a completed voluntary 14 acknowledgement of paternity form to the state registrar for filing under AS 18.50.165. 15 (b) When a birth occurs to an unmarried woman who is not in a hospital for 16 the birth nor admitted to a hospital immediately after the birth, and the birth is 17 attended by a physician, nurse-midwife, or direct-entry midwife, the physician, nurse-midwife, or direct-entry midwife 18 shall perform the duties described in (a)(2) - (6) of 19 this section or ensure that an agent performs those duties. 20 (c) When a birth occurs in a situation that is not covered by either (a) or (b) 21 of this section, any adult may, upon request of the father and mother, assist them in 22 filing a voluntary acknowledgement of paternity form with the state registrar under 23 AS 18.50.165. 24 * Sec. 4. AS 25.27.040 is amended by adding a new subsection to read: 25 (c) When the agency is a party in an action in which paternity is contested, the 26 agency shall move for a default judgment in a case that meets the conditions specified 27 in AS 25.20.050(g).