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General Assembly Raised Bill No. 317
February Session, 2020
LCO No. 2203
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repealed and the following is substituted in lieu thereof (Effective October 2
1, 2020): 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 only 8
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 set 11
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 paternity 14
unless such court or magistrate determines that the person seeking to 15 Raised Bill No. 317
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open or set aside the judgment of paternity pursuant to this subdivision 16
has made such a showing of reasonable cause or established the 17
existence of a valid 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 magistrate 21
determines that the judgment was entered due to fraud, duress or 22
material mistake of fact, with the burden of proof on the person seeking 23
to open or set aside such judgment. A court or family support magistrate 24
may not order genetic testing to determine paternity unless such court 25
or magistrate determines that the person seeking to open or set aside the 26
judgment of paternity under this subdivision has met such burden. 27
(3) If the court or family support magistrate, as the case may be, 28
determines that the person seeking to open or set aside a judgment of 29
paternity under subdivision (2) of this subsection has met his or her 30
burden of demonstrating fraud, duress or material mistake of fact, such 31
court or magistrate shall set aside the judgment only upon determining 32
that doing so is in the best interest of the child. In evaluating the best 33
interest of the child, the court or magistrate may consider, but shall not 34
be limited to, the following factors: 35
(A) Any genetic information available to the court or family support 36
magistrate concerning paternity; 37
(B) The past relationship between the child and (i) the person 38
previously adjudged father of the child, and (ii) such person's family; 39
(C) The child's future interests in knowing the identity of his or her 40
biological father; 41
(D) The child's potential emotional and financial support from his or 42
her biological father; and 43
(E) Any potential harm the child may suffer by disturbing the 44
judgment of paternity, including loss of a parental relationship and loss 45 Raised Bill No. 317
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of financial support. 46
(4) During the pendency of any motion to open or set aside a 47
judgment of paternity filed pursuant to this subsection, any 48
responsibilities arising from such earlier judgment shall continue, 49
except for good cause shown. 50
[(b)] (5) Whenever the Superior Court or family support magistrate 51
[reopens] opens a judgment of paternity [entered] pursuant to this 52
[section] subsection in which (A) a person was found to be the father of 53
a child who is or has been supported by the state, and (B) the court or 54
family support magistrate finds that the person adjudicated the father 55
is not the father of the child, the Department of Social Services shall 56
refund to such person any money paid to the state by such person 57
during the period such child was supported by the state. 58
Sec. 2. Subsection (a) of section 46b-172 of the general statutes is 59
repealed and the following is substituted in lieu thereof (Effective October 60
1, 2020): 61
(a) (1) In lieu of or in conclusion of proceedings under section 46b-62
160, a written acknowledgment of paternity executed and sworn to by 63
the putative father of the child when accompanied by (A) an attested 64
waiver of the right to a blood test, the right to a trial and the right to an 65
attorney, (B) a written affirmation of paternity executed and sworn to 66
by the mother of the child, and (C) if the person subject to the 67
acknowledgment of paternity is an adult eighteen years of age or older, 68
a notarized affidavit affirming consent to the voluntary 69
acknowledgment of paternity, shall have the same force and effect as a 70
judgment of the Superior Court. It shall be considered a legal finding of 71
paternity without requiring or permitting judicial ratification, and shall 72
be binding on the person executing the same whether such person is an 73
adult or a minor, subject to subdivision (2) of this subsection. Such 74
acknowledgment shall not be binding unless, prior to the signing of any 75
affirmation or acknowledgment of paternity, the mother and the 76
putative father are given oral and written notice of the alternatives to, 77 Raised Bill No. 317
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the legal consequences of, and the rights and responsibilities that arise 78
from signing such affirmation or acknowledgment. The notice to the 79
mother shall include, but shall not be limited to, notice that the 80
affirmation of paternity may result in rights of custody and visitation, 81
as well as a duty of support, in the person named as father. The notice 82
to the putative father shall include, but not be limited to, notice that such 83
father has the right to contest paternity, including the right to 84
appointment of counsel, a genetic test to determine paternity and a trial 85
by the Superior Court or a family support magistrate and that 86
acknowledgment of paternity will make such father liable for the 87
financial support of the child until the child's eighteenth birthday. In 88
addition, the notice shall inform the mother and the father that DNA 89
testing may be able to establish paternity with a high degree of accuracy 90
and may, under certain circumstances, be available at state expense. The 91
notices shall also explain the right to rescind the acknowledgment, as 92
set forth in subdivision (2) of this subsection, including the address 93
where such notice of rescission should be sent, and shall explain that the 94
acknowledgment cannot be challenged after sixty days, except in court 95
upon a showing of fraud, duress or material mistake of fact. 96
(2) The mother and the acknowledged father shall have the right to 97
rescind such affirmation or acknowledgment in writing within the 98
earlier of (A) sixty days, or (B) the date of an agreement to support such 99
child approved in accordance with subsection (b) of this section or an 100
order of support for such child entered in a proceeding under subsection 101
(c) of this section. 102
(3) (A) An acknowledgment executed in accordance with subdivision 103
(1) of this subsection may be challenged in court or before a family 104
support magistrate after the rescission period only on the basis of fraud, 105
duress or material mistake of fact which may include evidence that he 106
is not the father, with the burden of proof upon the challenger. A court 107
or family support magistrate may not order genetic testing to determine 108
paternity unless the court or magistrate, as the case may be, determines 109
that the challenger has met such burden. 110 Raised Bill No. 317
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(B) If the court or family support magistrate, as the case may be, 111
determines that the challenger has met his or her burden under 112
subparagraph (A) of this subdivision, the acknowledgment of paternity 113
shall be set aside only if such court or magistrate determines that doing 114
so is in the best interest of the child. In evaluating the best interest of the 115
child, the court or magistrate may consider, but shall not be limited to, 116
the following factors: 117
(i) Any genetic information available to the court concerning 118
paternity; 119
(ii) The past relationship between the child and (I) the person who 120
executed an acknowledgment of paternity, and (II) such person's family; 121
(iii) The child's future interests in knowing the identity of his or her 122
biological father; 123
(iv) The child's potential emotional and financial support from his or 124
her biological father; and 125
(v) Any potential harm the child may suffer by disturbing the 126
acknowledgment of paternity, including loss of a parental relationship 127
and loss of financial support. 128
(C) During the pendency of any [such] challenge to a previous 129
acknowledgment of paternity, any responsibilities arising from such 130
acknowledgment shall continue except for good cause shown. 131
[(3)] (4) All written notices, waivers, affirmations and 132
acknowledgments required under subdivision (1) of this subsection, 133
and rescissions authorized under subdivision (2) of this subsection, shall 134
be on forms prescribed by the Department of Public Health, provided 135
such acknowledgment form includes the minimum requirements 136
specified by the Secretary of the United States Department of Health and 137
Human Services. All acknowledgments and rescissions executed in 138
accordance with this subsection shall be filed in the paternity registry 139
established and maintained by the Department of Public Health under 140 Raised Bill No. 317
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section 19a-42a. 141
[(4)] (5) An acknowledgment of paternity signed in any other state 142
according to its procedures shall be given full faith and credit by this 143
state. 144
Sec. 3. Section 46b-172a of the general statutes is repealed and the 145
following is substituted in lieu thereof (Effective October 1, 2020): 146
(a) Any person claiming to be the father of a child who was born out 147
of wedlock and for whom paternity has not yet been established may 148
file a claim for paternity with the Probate Court for the district in which 149
either the mother or the child resides, on forms provided by such court. 150
The claim may be filed at any time during the life of the child, whether 151
before, on or after the date the child reaches the age of eighteen, or after 152
the death of the child, but not later than sixty days after the date of notice 153
under section 45a-716. The claim shall contain the claimant's name and 154
address, the name and last-known address of the mother and the month 155
and year of the birth or expected birth of the child. Not later than five 156
days after the filing of a claim for paternity, the court shall cause a 157
certified copy of such claim to be served upon the mother or prospective 158
mother of such child by personal service or service at her usual place of 159
abode, and to the Attorney General by first class mail. The Attorney 160
General may file an appearance and shall be and remain a party to the 161
action if the child is receiving or has received aid or care from the state, 162
or if the child is receiving child support enforcement services, as defined 163
in subdivision (2) of subsection (b) of section 46b-231. The claim for 164
paternity shall be admissible in any action for paternity under section 165
46b-160, and shall estop the claimant from denying his paternity of such 166
child and shall contain language that he acknowledges liability for 167
contribution to the support and education of the child after the child's 168
birth and for contribution to the pregnancy-related medical expenses of 169
the mother. 170
(b) If a claim for paternity is filed by the father of any minor child 171
who was born out of wedlock, the Probate Court shall schedule a 172 Raised Bill No. 317
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hearing on such claim, send notice of the hearing to all parties involved 173
and proceed accordingly. 174
(c) The child shall be made a party to the action and shall be 175
represented by a guardian ad litem appointed by the court in 176
accordance with section 45a-708. Payment shall be made in accordance 177
with such section from funds appropriated to the Judicial Department, 178
except that, if funds have not been included in the budget of the Judicial 179
Department for such purposes, such payment shall be made from the 180
Probate Court Administration Fund. 181
(d) In the event that the mother or the claimant father is a minor, the 182
court shall appoint a guardian ad litem to represent him or her in 183
accordance with the provisions of section 45a-708. Payment shall be 184
made in accordance with said section from funds appropriated to the 185
Judicial Department, except that, if funds have not been included in the 186
budget of the Judicial Department for such purposes, such payment 187
shall be made from the Probate Court Administration Fund. 188
(e) By filing a claim under this section, the putative father submits to 189
the jurisdiction of the Probate Court. 190
(f) Once alleged parental rights of the father have been adjudicated in 191
his favor under subsection (b) of this section, or acknowledged as 192
provided for under section 46b-172, as amended by this act, his rights 193
and responsibilities shall be equivalent to those of the mother, including 194
those rights defined under section 45a-606. Thereafter, disputes 195
involving custody, visitation or support shall be transferred to the 196
Superior Court under chapter 815j, except that the Probate Court may 197
enter a temporary order for custody, visitation or support until an order 198
is entered by the Superior Court. 199
(g) Failing perfection of parental rights as prescribed by this section, 200
any person claiming to be the father of a child who was born out of 201
wedlock (1) who has not been adjudicated the father of such child by a 202
court of competent jurisdiction, [or] (2) who has not acknowledged in 203
writing that he is the father of such child, [or] (3) who has not 204 Raised Bill No. 317
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contributed regularly to the support of such child, or (4) whose name 205
does not appear on the birth certificate, shall cease to be a legal party in 206
interest in any proceeding concerning the custody or welfare of the 207
child, including, but not limited to, guardianship and adoption, unless 208
he has shown a reasonable degree of interest, concern or responsibility 209
for the child's welfare. 210
(h) Notwithstanding the provisions of this section, after the death of 211
the father of a child born out of wedlock, a party deemed by the court 212
to have a sufficient interest may file a claim for paternity on behalf of 213
such father with the Probate Court for the district in which either the 214
putative father resided or the party filing the claim resides. If a claim for 215
paternity is filed pursuant to this subsection, the Probate Court shall 216
schedule a hearing on such claim, send notice of the hearing to all parties 217
involved and proceed accordingly. 218
(i) (1) Except as provided in subdivisions (2) and (3) of this subsection, 219
a judgment of paternity entered under this section may not be opened 220
or set aside unless a motion to open or set aside is filed with the Probate 221
Court district that entered such judgment not later than four months 222
after the date on which it was entered, and only upon a showing of 223
reasonable cause, or that a valid defense to the claim for a judgment of 224
paternity existed, in whole or in part, at the time judgment was entered, 225
and that the person seeking to open or set aside such judgment was 226
prevented by mistake, accident or other reasonable cause from making 227
a valid defense. The Probate Court may not order genetic testing to 228
determine paternity unless and until the court determines that the 229
person seeking to open or set aside the judgment of paternity pursuant 230
to this subdivision has made such a showing of reasonable cause or 231
established the existence of a valid defense. 232
(2) The Probate Court in the district where a judgment of paternity 233
was entered pursuant to this section may consider a motion to open or 234
set aside such judgment filed more than four months after such 235
judgment was rendered if such court determines that the judgment was 236
rendered due to fraud, duress or material mistake of fact, with the 237 Raised Bill No. 317
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burden of proof on the person seeking to open or set aside such 238
judgment. Such court may not order genetic testing to determine 239
paternity unless and until the court determines that the person seeking 240
to open or set aside the judgment of paternity under this subdivision 241
has met such burden. 242
(3) If such court determines that the person seeking to open or set 243
aside a judgment of paternity under subdivision (2) of this subsection 244
has met his or her burden of demonstrating fraud, duress or material 245
mistake of fact, such court shall set aside the judgment only upon 246
determining that doing so is in the best interest of the child. In 247
evaluating the best interest of the child, the court may consider, but shall 248
not be limited to, the following factors: 249
(A) Any genetic information available to the court concerning 250
paternity; 251
(B) The past relationship between the child and (i) the person 252
previously adjudged father of the child, and (ii) such person's family; 253
(C) The child's future interests in knowing the identity of his or her 254
biological father; 255
(D) The child's potential emotional and financial support from his or 256
her biological father; and 257
(E) Any potential harm the child may suffer by disturbing the 258
judgment of paternity, including loss of a parental relationship and loss 259
of financial support. 260
(4) Upon the filing of any motion to open and set aside a judgment of 261
paternity filed pursuant to this subsection, the Probate Court shall 262
schedule a hearing on the motion and provide notice of the hearing and 263
a copy of the motion to all interested parties, including the Attorney 264
General. 265
(5) During the pendency of any motion to open or set aside a 266
judgment of paternity filed pursuant to this subsection, any 267 Raised Bill No. 317
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responsibilities arising from such earlier judgment shall continue, 268
except for good cause shown. 269
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2020 46b-171(b)
Sec. 2 October 1, 2020 46b-172(a)
Sec. 3 October 1, 2020 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.]