Can I File A Paternity Action if the Child is 20 Years Old?
Full Question:
Answer:
In Kansas, the action may be brought in the county in which the child, the mother or the presumed or alleged father resides or is found. If a parent or an alleged or presumed parent is deceased, an action may be brought in the county in which proceedings for probate of the estate of the parent or alleged or presumed parent have been or could be commenced. In Kansas, a paternity action is required to be filed prior to child reaching the age of majority (18).
In Iowa, the action must be filed in the district court in the county in which the alleged father is permanently or temporarily resident, or in which the mother or the child resides or is found. Iowa allows action to overcome paternity by mother, established father or child if filed prior to child reaching the age of 19.
For further discussion, please see:
http://www.acf.hhs.gov/programs/cse/pubs/2002/reports/essentials/c8.html
Please see the following Iowa statute:600B.41A Actions to overcome paternity — applicability — conditions.
1. Paternity which is legally established may be overcome as provided in
this section if subsequent blood or genetic testing indicates that the
previously established father of a child is not the biological father of
the child. Unless otherwise provided in this section, this section applies
to the overcoming of paternity which has been established according to any
of the means provided in section 252A.3, subsection 8, by operation of law
when the established father and the mother of the child are or were married
to each other, or as determined by a court of this state under any other
applicable chapter.
2. This section does not apply to any of the following:
a. A paternity determination made in or by a foreign jurisdiction or a
paternity determination which has been made in or by a foreign jurisdiction
and registered in this state in accordance with section 252A.18 or
chapter 252K.
b. A paternity determination based upon a court or administrative order
if the order was entered based upon blood or genetic test results which
demonstrate that the alleged father was not excluded and that the
probability of the alleged father's paternity was ninety-five percent or
higher, unless the tests were conducted prior to July 1, 1992.
3. Establishment of paternity may be overcome under this section if all
of the following conditions are met:
a. The action to overcome paternity is filed with the court prior to the
child reaching majority.
(1) A petition to overcome paternity may be filed only by the mother of
the child, the established father of the child, the child, or the legal
representative of any of these parties.
(2) If paternity was established by court or administrative order, a
petition to overcome paternity shall be filed in the county in which the
order is filed.
(3) In all other determinations of paternity, a petition to overcome
paternity shall be filed in an appropriate county in accordance with the
rules of civil procedure.
b. The petition contains, at a minimum, all of the following:
(1) The legal name, age, and domicile, if any, of the child.
(2) The names, residences, and domicile of the following:
(a) Living parents of the child.
(b) Guardian of the child.
(c) Custodian of the child.
(d) Guardian ad litem of the child.
(e) Petitioner.
(f) Person standing in the place of the parents of the child.
(3) A plain statement that the petitioner believes that the established
father is not the biological father of the child, any reasons for this
belief, and that the petitioner wishes to have the paternity determination
set aside.
(4) A plain statement explaining why the petitioner does not know any of
the information required under subparagraphs (1) and (2).
c. Notice of the action to overcome paternity is served on any parent of
the child not initiating the action and any assignee of the support
obligation, in accordance with the rules of civil procedure and in
accordance with the following:
(1) If enforcement services are being provided by the child support
recovery unit pursuant to chapter 252B, notice shall also be served on the
child support recovery unit.
(2) The responding party shall have twenty days from the date of the
service of the notice to file a written response with the court.
d. A guardian ad litem is appointed for the child.
e. Blood or genetic testing is conducted in accordance with
section 600B.41 or chapter 252F.
(1) Unless otherwise specified pursuant to subsection 2 or 9, blood or
genetic testing shall be conducted in an action to overcome the
establishment of paternity.
(2) Unless otherwise specified in this section, section 600B.41 applies
to blood or genetic tests conducted as the result of an action brought to
overcome paternity.
(3) The court may order additional testing to be conducted by the expert
or an independent expert in order to confirm a test upon which an expert
concludes that the established father is not the biological father of the
child.
f. The court finds all of the following:
(1) That the conclusion of the expert as disclosed by the evidence based
upon blood or genetic testing demonstrates that the established father is
not the biological father of the child.
(2) If paternity was established pursuant to section 252A.3A, the signed
affidavit was based on fraud, duress, or material mistake of fact, as shown
by the petitioner.
4. If the court finds that the establishment of paternity is overcome, in
accordance with all of the conditions prescribed, the court shall enter an
order which provides all of the following:
a. That the established father is relieved of any and all future support
obligations owed on behalf of the child from the date that the order
determining that the established father is not the biological father is
filed.
b. That any unpaid support due prior to the date the order determining
that the established father is not the biological father is filed, is
satisfied.
5. An action brought under this section shall be heard and decided by the
court, and shall not be subject to a jury trial.
6. a. If the court determines that test results conducted in accordance
with section 600B.41 or chapter 252F exclude the established father as the
biological father, the court may dismiss the action to overcome paternity
and preserve the paternity determination only if all of the following
apply:
(1) The established father requests that paternity be preserved and that
the parent-child relationship, as defined in section 600A.2, be continued.
(2) The court finds that it is in the best interest of the child to
preserve paternity. In determining the best interest of the child, the
court shall consider all of the following:
(a) The age of the child.
(b) The length of time since the establishment of paternity.
(c) The previous relationship between the child and the established
father, including but not limited to the duration and frequency of any time
periods during which the child and established father resided in the same
household or engaged in a parent-child relationship as defined in
section 600A.2.
(d) The possibility that the child could benefit by establishing the
child's actual paternity.
(e) Additional factors which the court determines are relevant to the
individual situation.
(3) The biological father is a party to the action and does not object to
termination of the biological father's parental rights, or the established
father petitions the court for termination of the biological father's
parental rights and the court grants the petition pursuant to chapter 600A.
b. If the court dismisses the action to overcome paternity and preserves
the paternity determination under this subsection, the court shall enter an
order establishing that the parent-child relationship exists between the
established father and the child, and including establishment of a support
obligation pursuant to section 598.21B and provision of custody and
visitation pursuant to section 598.41.
7. a. For any order entered under this section on or before May 21, 1997,
in which the court's determination excludes the established father as the
biological father but dismisses the action to overcome paternity and
preserves paternity, the established father may petition the court to issue
an order which provides all of the following:
(1) That the parental rights of the established father are terminated.
(2) That the established father is relieved of any and all future support
obligations owed on behalf of the child from the date the order under this
subsection is filed.
b. The established father may proceed pro se under this subsection. The
supreme court shall prescribe standard forms for use under this
subsection and shall distribute the forms to the clerks of the district court.
c. If a petition is filed pursuant to this section and notice is served
on any parent of the child not filing the petition and any assignee of the
support obligation, the court shall grant the petition.
8. The costs of testing, the fee of the guardian ad litem, and all court
costs shall be paid by the person bringing the action to overcome
paternity.
9. This section shall not be construed as a basis for termination of an
adoption decree or for discharging the obligation of an adoptive father to
an adoptive child pursuant to section 600B.5.
10. Unless specifically addressed in an order entered pursuant to this
section, provisions previously established by the court order regarding
custody or visitation of the child are unaffected by an action brought
under this section.
11. Participation of the child support recovery unit created in
section 252B.2 in an action brought under this section shall be limited as follows:
a. The unit shall only participate in actions if services are being
provided by the unit pursuant to chapter 252B.
b. When services are being provided by the unit under chapter 252B, the
unit may enter an administrative order for blood and genetic tests pursuant
to chapter 252F.
c. The unit is not responsible for or required to provide for or assist
in obtaining blood or genetic tests in any case in which services are not
being provided by the unit.
d. The unit is not responsible for the costs of blood or genetic testing
conducted pursuant to an action brought under this section.
e. Pursuant to section 252B.7, subsection 4, an attorney employed by the
unit represents the state in any action under this section. The unit's
attorney is not the legal representative of the mother, the established
father, or the child in any action brought under this section.
94 Acts, ch 1171, § 48, 52; 97 Acts, ch 175, § 212 — 216, 218, 219, 221; 98
Acts, ch 1074, § 32; 2005 Acts, ch 69, § 57
