LCO No. 4775 1 of 10
General Assembly Raised Bill No. 942
January Session, 2019
LCO No. 4775
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
AN ACT CONCERNING TH E OPENING OR SETTING ASIDE OF A
PATERNITY JUDGMENT.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subsection (b) of section 46b-171 of the general statutes is 1
repealed and the following is substituted in lieu thereof (Effective 2
October 1, 2019): 3
(b) (1) Except as provided in subdivisions (2) and (3) of this 4
subsection, a judgment of paternity entered by the Superior Court or 5
family support magistrate pursuant to this chapter may not be opened 6
or set aside unless a motion to open or set aside is filed not later than 7
four months after the date on which the judgment was entered, and 8
only upon a showing of reasonable cause, or that a valid defense to the 9
petition for a judgment of paternity existed, in whole or in part, at the 10
time judgment was rendered, and that the person seeking to open or 11
set aside the judgment was prevented by mistake, accident or other 12
reasonable cause from making a valid defense. The court or a family 13
support magistrate may not order genetic testing to determine 14
paternity unless such court or magistrate determines that the person 15 Raised Bill No. 942
LCO No. 4775 2 of 10
seeking to open or set aside the judgment of paternity pursuant to this 16
subdivision has made such a showing of reasonable cause or 17
established the existence of a good defense. 18
(2) The Superior Court or a family support magistrate may consider 19
a motion to open or set aside a judgment of paternity filed more than 20
four months after such judgment was entered if such court or 21
magistrate determines that the judgment was entered due to fraud, 22
duress or material mistake of fact, with the burden of proof on the 23
person seeking to open or set aside such judgment. A court or family 24
support magistrate may not order genetic testing to determine 25
paternity unless such court or magistrate determines that the person 26
seeking to open or set aside the judgment of paternity under this 27
subdivision has met such burden. 28
(3) If the court or family support magistrate, as the case may be, 29
determines that the person seeking to open or set aside a judgment of 30
paternity under subdivision (2) of this subsection has met his or her 31
burden of demonstrating fraud, duress or material mistake of fact, 32
such court or magistrate shall set aside the judgment only upon 33
determining that doing so is in the best interest of the child. In 34
evaluating the best interest of the child, the court or magistrate may 35
consider, but shall not be limited to, the following factors: 36
(A) Any genetic information available to the court or family support 37
magistrate concerning paternity; 38
(B) The past relationship between the child and (i) the person 39
previously adjudged father of the child, and (ii) such person's family; 40
(C) The child's future interests in knowing the identity of his or her 41
biological father; 42
(D) The child's potential emotional and financial support from his or 43
her biological father; and 44
(E) Any potential harm the child may suffer by disturbing the 45 Raised Bill No. 942
LCO No. 4775 3 of 10
judgment of paternity, including loss of a parental relationship and 46
loss of financial support. 47
(4) During the pendency of any motion to open or set aside a 48
judgment of paternity filed pursuant to this subsection, any 49
responsibilities arising from such earlier judgment shall continue, 50
except for good cause shown. 51
[(b)] (5) Whenever the Superior Court or family support magistrate 52
[reopens] opens a judgment of paternity entered pursuant to this 53
[section] subsection in which (A) a person was found to be the father of 54
a child who is or has been supported by the state, and (B) the court or 55
family support magistrate finds that the person adjudicated the father 56
is not the father of the child, the Department of Social Services shall 57
refund to such person any money paid to the state by such person 58
during the period such child was supported by the state. 59
Sec. 2. Subsection (a) of section 46b-172 of the general statutes is 60
repealed and the following is substituted in lieu thereof (Effective 61
October 1, 2019): 62
(a) (1) In lieu of or in conclusion of proceedings under section 46b-63
160, a written acknowledgment of paternity executed and sworn to by 64
the putative father of the child when accompanied by (A) an attested 65
waiver of the right to a blood test, the right to a trial and the right to an 66
attorney, (B) a written affirmation of paternity executed and sworn to 67
by the mother of the child, and (C) if the person subject to the 68
acknowledgment of paternity is an adult eighteen years of age or 69
older, a notarized affidavit affirming consent to the voluntary 70
acknowledgment of paternity, shall have the same force and effect as a 71
judgment of the Superior Court. It shall be considered a legal finding 72
of paternity without requiring or permitting judicial ratification, and 73
shall be binding on the person executing the same whether such 74
person is an adult or a minor, subject to subdivision (2) of this 75
subsection. Such acknowledgment shall not be binding unless, prior to 76
the signing of any affirmation or acknowledgment of paternity, the 77 Raised Bill No. 942
LCO No. 4775 4 of 10
mother and the putative father are given oral and written notice of the 78
alternatives to, the legal consequences of, and the rights and 79
responsibilities that arise from signing such affirmation or 80
acknowledgment. The notice to the mother shall include, but shall not 81
be limited to, notice that the affirmation of paternity may result in 82
rights of custody and visitation, as well as a duty of support, in the 83
person named as father. The notice to the putative father shall include, 84
but not be limited to, notice that such father has the right to contest 85
paternity, including the right to appointment of counsel, a genetic test 86
to determine paternity and a trial by the Superior Court or a family 87
support magistrate and that acknowledgment of paternity will make 88
such father liable for the financial support of the child until the child's 89
eighteenth birthday. In addition, the notice shall inform the mother 90
and the father that DNA testing may be able to establish paternity with 91
a high degree of accuracy and may, under certain circumstances, be 92
available at state expense. The notices shall also explain the right to 93
rescind the acknowledgment, as set forth in subdivision (2) of this 94
subsection, including the address where such notice of rescission 95
should be sent, and shall explain that the acknowledgment cannot be 96
challenged after sixty days, except in court upon a showing of fraud, 97
duress or material mistake of fact. 98
(2) The mother and the acknowledged father shall have the right to 99
rescind such affirmation or acknowledgment in writing within the 100
earlier of (A) sixty days, or (B) the date of an agreement to support 101
such child approved in accordance with subsection (b) of this section 102
or an order of support for such child entered in a proceeding under 103
subsection (c) of this section. 104
(3) (A) An acknowledgment executed in accordance with 105
subdivision (1) of this subsection may be challenged in court or before 106
a family support magistrate after the rescission period only on the 107
basis of fraud, duress or material mistake of fact which may include 108
evidence that he is not the father, with the burden of proof upon the 109
challenger. A court or family support magistrate may not order genetic 110
testing to determine paternity unless the court or magistrate, as the 111 Raised Bill No. 942
LCO No. 4775 5 of 10
case may be, determines that the challenger has met such burden. 112
(B) If the court or family support magistrate, as the case may be, 113
determines that the challenger has met his or her burden under 114
subparagraph (A) of this subdivision, the acknowledgment of 115
paternity shall be set aside only if such court or magistrate determines 116
that doing so is in the best interest of the child. In evaluating the best 117
interest of the child, the court or magistrate may consider, but shall not 118
be limited to, the following factors: 119
(i) Any genetic information available to the court concerning 120
paternity; 121
(ii) The past relationship between the child and (I) the person who 122
executed an acknowledgment of paternity, and (II) such person's 123
family; 124
(iii) The child's future interests in knowing the identity of his or her 125
biological father; 126
(iv) The child's potential emotional and financial support from his 127
or her biological father; and 128
(v) Any potential harm the child may suffer by disturbing the 129
acknowledgment of paternity, including loss of a parental relationship 130
and loss of financial support. 131
(C) During the pendency of any [such] challenge to a previous 132
acknowledgment of paternity, any responsibilities arising from such 133
acknowledgment shall continue except for good cause shown. 134
[(3)] (4) All written notices, waivers, affirmations and 135
acknowledgments required under subdivision (1) of this subsection, 136
and rescissions authorized under subdivision (2) of this subsection, 137
shall be on forms prescribed by the Department of Public Health, 138
provided such acknowledgment form includes the minimum 139
requirements specified by the Secretary of the United States 140
Department of Health and Human Services. All acknowledgments and 141 Raised Bill No. 942
LCO No. 4775 6 of 10
rescissions executed in accordance with this subsection shall be filed in 142
the paternity registry established and maintained by the Department 143
of Public Health under section 19a-42a. 144
[(4)] (5) An acknowledgment of paternity signed in any other state 145
according to its procedures shall be given full faith and credit by this 146
state. 147
Sec. 3. Section 46b-172a of the general statutes is repealed and the 148
following is substituted in lieu thereof (Effective October 1, 2019): 149
(a) Any person claiming to be the father of a child who was born out 150
of wedlock and for whom paternity has not yet been established may 151
file a claim for paternity with the Probate Court for the district in 152
which either the mother or the child resides, on forms provided by 153
such court. The claim may be filed at any time during the life of the 154
child, whether before, on or after the date the child reaches the age of 155
eighteen, or after the death of the child, but not later than sixty days 156
after the date of notice under section 45a-716. The claim shall contain 157
the claimant's name and address, the name and last-known address of 158
the mother and the month and year of the birth or expected birth of the 159
child. Not later than five days after the filing of a claim for paternity, 160
the court shall cause a certified copy of such claim to be served upon 161
the mother or prospective mother of such child by personal service or 162
service at her usual place of abode, and to the Attorney General by first 163
class mail. The Attorney General may file an appearance and shall be 164
and remain a party to the action if the child is receiving or has received 165
aid or care from the state, or if the child is receiving child support 166
enforcement services, as defined in subdivision (2) of subsection (b) of 167
section 46b-231. The claim for paternity shall be admissible in any 168
action for paternity under section 46b-160, and shall estop the claimant 169
from denying his paternity of such child and shall contain language 170
that he acknowledges liability for contribution to the support and 171
education of the child after the child's birth and for contribution to the 172
pregnancy-related medical expenses of the mother. 173 Raised Bill No. 942
LCO No. 4775 7 of 10
(b) If a claim for paternity is filed by the father of any minor child 174
who was born out of wedlock, the Probate Court shall schedule a 175
hearing on such claim, send notice of the hearing to all parties 176
involved and proceed accordingly. 177
(c) The child shall be made a party to the action and shall be 178
represented by a guardian ad litem appointed by the court in 179
accordance with section 45a-708. Payment shall be made in accordance 180
with such section from funds appropriated to the Judicial Department, 181
except that, if funds have not been included in the budget of the 182
Judicial Department for such purposes, such payment shall be made 183
from the Probate Court Administration Fund. 184
(d) In the event that the mother or the claimant father is a minor, the 185
court shall appoint a guardian ad litem to represent him or her in 186
accordance with the provisions of section 45a-708. Payment shall be 187
made in accordance with said section from funds appropriated to the 188
Judicial Department, except that, if funds have not been included in 189
the budget of the Judicial Department for such purposes, such 190
payment shall be made from the Probate Court Administration Fund. 191
(e) By filing a claim under this section, the putative father submits to 192
the jurisdiction of the Probate Court. 193
(f) Once alleged parental rights of the father have been adjudicated 194
in his favor under subsection (b) of this section, or acknowledged as 195
provided for under section 46b-172, as amended by this act, his rights 196
and responsibilities shall be equivalent to those of the mother, 197
including those rights defined under section 45a-606. Thereafter, 198
disputes involving custody, visitation or support shall be transferred 199
to the Superior Court under chapter 815j, except that the Probate Court 200
may enter a temporary order for custody, visitation or support until an 201
order is entered by the Superior Court. 202
(g) Failing perfection of parental rights as prescribed by this section, 203
any person claiming to be the father of a child who was born out of 204
wedlock (1) who has not been adjudicated the father of such child by a 205 Raised Bill No. 942
LCO No. 4775 8 of 10
court of competent jurisdiction, or (2) who has not acknowledged in 206
writing that he is the father of such child, or (3) who has not 207
contributed regularly to the support of such child, or (4) whose name 208
does not appear on the birth certificate, shall cease to be a legal party in 209
interest in any proceeding concerning the custody or welfare of the 210
child, including, but not limited to, guardianship and adoption, unless 211
he has shown a reasonable degree of interest, concern or responsibility 212
for the child's welfare. 213
(h) Notwithstanding the provisions of this section, after the death of 214
the father of a child who was born out of wedlock, a party deemed by 215
the court to have a sufficient interest may file a claim for paternity on 216
behalf of such father with the Probate Court for the district in which 217
either the putative father resided or the party filing the claim resides. If 218
a claim for paternity is filed pursuant to this subsection, the Probate 219
Court shall schedule a hearing on such claim, send notice of the 220
hearing to all parties involved and proceed accordingly. 221
(i) (1) Except as provided in subdivisions (2) and (3) of this 222
subsection, a judgment of paternity entered under this section may not 223
be opened or set aside unless a motion to open or set aside is filed with 224
the Probate Court district that entered such judgment not later than 225
four months after the date on which it was entered, and only upon a 226
showing of reasonable cause, or that a valid defense to the claim for a 227
judgment of paternity existed, in whole or in part, at the time 228
judgment was entered, and that the person seeking to open or set aside 229
said judgment was prevented by mistake, accident or other reasonable 230
cause from making a valid defense. The Probate Court may not order 231
genetic testing to determine paternity unless and until the court 232
determines that the person seeking to open or set aside the judgment 233
of paternity pursuant to this subdivision has made such a showing of 234
reasonable cause or established the existence of a good defense. 235
(2) The Probate Court in the district where a judgment of paternity 236
was entered pursuant to this section may consider a motion to open or 237
set aside such judgment filed more than four months after such 238 Raised Bill No. 942
LCO No. 4775 9 of 10
judgment was rendered if such court determines that the judgment 239
was rendered due to fraud, duress or material mistake of fact, with the 240
burden of proof on the person seeking to open or set aside such 241
judgment. Such court may not order genetic testing to determine 242
paternity unless and until the court determines that the person seeking 243
to open or set aside the judgment of paternity under this subdivision 244
has met such burden. 245
(3) If such court determines that the person seeking to open or set 246
aside a judgment of paternity under subdivision (2) of this subsection 247
has met his or her burden of demonstrating fraud, duress or material 248
mistake of fact, such court shall set aside the judgment only upon 249
determining that doing so is in the best interest of the child. In 250
evaluating the best interest of the child, the court may consider, but 251
shall not be limited to, the following factors: 252
(A) Any genetic information available to the court concerning 253
paternity; 254
(B) The past relationship between the child and (i) the person 255
previously adjudged father of the child, and (ii) such person's family; 256
(C) The child's future interests in knowing the identity of his or her 257
biological father; 258
(D) The child's potential emotional and financial support from his or 259
her biological father; and 260
(E) Any potential harm the child may suffer by disturbing the 261
judgment of paternity, including loss of a parental relationship and 262
loss of financial support. 263
(4) Upon the filing of any motion to open and set aside a judgment 264
of paternity filed pursuant to this subsection, the Probate Court shall 265
schedule a hearing on the motion and provide notice of the hearing 266
and a copy of the motion to all interested parties, including the 267
Attorney General. 268 Raised Bill No. 942
LCO No. 4775 10 of 10
(5) During the pendency of any motion to open or set aside a 269
judgment of paternity filed pursuant to this subsection, any 270
responsibilities arising from such earlier judgment shall continue, 271
except for good cause shown. 272
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2019 46b-171(b)
Sec. 2 October 1, 2019 46b-172(a)
Sec. 3 October 1, 2019 46b-172a
Statement of Purpose:
To clarify court procedures with respect to the opening or setting aside
of a paternity judgment entered by the Superior Court, a family
support magistrate or the Probate Court.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
not underlined.]