House File 511 - Introduced HOUSE FILE 511 BY WILLS A BILL FOR An Act relating to a fathers obligation for payment of 1 expenses including those related to a mothers pregnancy and 2 the birth of a child born out of wedlock. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1223YH (4) 91 cm/jh
H.F. 511 Section 1. Section 252A.6A, subsection 1, paragraph a, Code 1 2025, is amended to read as follows: 2 a. Except with the consent of all parties, the trial shall 3 not be held until after the birth of the child and shall be held 4 no earlier than twenty days from the date the respondent is 5 served with notice of the action or, if . Any blood or genetic 6 tests of the child, mother, or alleged father shall not be 7 conducted until after the childs birth. If blood or genetic 8 tests are conducted, the trial shall be held no earlier than 9 thirty days from the date the test results are filed with the 10 clerk of the district court as provided under section 600B.41 . 11 Sec. 2. Section 600B.1, Code 2025, is amended to read as 12 follows: 13 600B.1 Obligation of parents. 14 The parents of a child born out of wedlock and not 15 legitimized (in this chapter referred to as the child) owe 16 the child necessary maintenance, education, and support. They 17 The parents are also liable for the childs funeral expenses. 18 The father is also liable to pay the expense expenses of the 19 mothers pregnancy and confinement the childs birth . 20 Sec. 3. Section 600B.4, Code 2025, is amended to read as 21 follows: 22 600B.4 Recovery by others than mother. 23 The obligation of the father as hereby provided also creates 24 also a cause of action on behalf of the legal representative of 25 the mother, or on behalf of third persons furnishing support 26 or defraying the reasonable expenses thereof of support , where 27 paternity has been judicially established by proceedings 28 brought by the mother or by or on behalf of the child or by 29 the authorities charged with its the childs support, or where 30 paternity has been acknowledged by the father in writing or by 31 the part performance of the obligations imposed upon him the 32 father . 33 Sec. 4. Section 600B.6, Code 2025, is amended to read as 34 follows: 35 -1- LSB 1223YH (4) 91 cm/jh 1/ 7
H.F. 511 600B.6 Liability of the fathers estate. 1 The obligation of the father, when his paternity has 2 been judicially established in his lifetime , or has been 3 acknowledged by him in writing or by the part performance of 4 his obligations, is enforceable against his the fathers estate 5 in such an amount as the court may determine determined by the 6 court , having regard to considering the age of the child, the 7 ability of the mother to support it the child , the amount of 8 property left by the father, the number, age, and financial 9 condition of the lawful issue, if any, and the rights of the 10 widow, if any. The court may direct the discharge of the 11 obligation by periodical payments or by the payment of a lump 12 sum. 13 Sec. 5. Section 600B.7, Code 2025, is amended to read as 14 follows: 15 600B.7 Proceedings to establish paternity. 16 Proceedings to establish paternity and to compel support by 17 the father may be brought in accordance with the provisions of 18 this chapter . They The proceedings shall not be exclusive of 19 other proceedings that may be available on principles of law 20 and equity. 21 Sec. 6. Section 600B.8, Code 2025, is amended to read as 22 follows: 23 600B.8 Who may institute proceedings. 24 The proceedings may be brought by the mother, or other 25 interested person, or if the child is or is likely to be a 26 public charge, by the authorities charged with its the childs 27 support. After the death of the mother or in In the case of her 28 the mothers death or disability, it the proceedings may also 29 be brought by the child acting through its the childs guardian 30 or next friend. 31 Sec. 7. Section 600B.9, Code 2025, is amended to read as 32 follows: 33 600B.9 Time of instituting proceedings. 34 The proceedings may be instituted during the pregnancy of 35 -2- LSB 1223YH (4) 91 cm/jh 2/ 7
H.F. 511 the mother or after the birth of the child, but, except with 1 the consent of all parties, the trial shall not be held until 2 after the birth of the child and shall be held no earlier than 3 twenty days from the date the alleged father is served with 4 notice of the action or, if . Any blood or genetic tests of 5 the child, mother, or alleged father shall not be conducted 6 until after the childs birth. If blood or genetic tests are 7 conducted, the trial shall be held no earlier than thirty days 8 from the date the test results are filed with the clerk of the 9 district court as provided under section 600B.41 . 10 Sec. 8. Section 600B.13, Code 2025, is amended to read as 11 follows: 12 600B.13 Form of complaint verification. 13 The complaint may be made in writing, or oral orally and 14 in the presence of the complainant reduced to writing by the 15 prosecuting attorney. It The complaint shall be verified by 16 oath or affirmation of the complainant. 17 Sec. 9. Section 600B.16, Code 2025, is amended to read as 18 follows: 19 600B.16 Lis pendens. 20 From the time of the filing of such a complaint, a lien shall 21 be created upon the real property of the accused defendant in 22 the county where the action is pending for the payment of any 23 money and the performance of any order adjudged by the proper 24 court. 25 Sec. 10. Section 600B.17, Code 2025, is amended to read as 26 follows: 27 600B.17 Writ of attachment. 28 The district court may order an attachment to issue thereon 29 upon the real property of the defendant without bond , which . 30 The order shall specify the amount of property to be seized 31 thereunder , and may be revoked at any time by such the court on 32 a showing made for a revocation of the same order , and on such 33 terms as such the court may deem proper in the premises. 34 Sec. 11. Section 600B.19, Code 2025, is amended to read as 35 -3- LSB 1223YH (4) 91 cm/jh 3/ 7
H.F. 511 follows: 1 600B.19 County attorney to prosecute. 2 The county attorney, on upon being notified of the facts 3 justifying a complaint as provided in this chapter , or of the 4 filing of such a complaint, shall prosecute the matter in on 5 behalf of the complainant. 6 Sec. 12. Section 600B.21, Code 2025, is amended to read as 7 follows: 8 600B.21 Death, absence or mental illness , or absence of 9 mother testimony receivable. 10 If after the complaint is filed the mother dies or becomes 11 mentally ill , is diagnosed with a mental illness, or cannot be 12 found within the jurisdiction, the proceeding does not abate, 13 but the child shall be substituted as the complainant. The 14 testimony of the mother taken by deposition as in other civil 15 cases , may in any such case be read as evidence and in all cases 16 such testimony shall be read as evidence if demanded by the 17 defendant. 18 Sec. 13. Section 600B.22, Code 2025, is amended to read as 19 follows: 20 600B.22 Death of defendant. 21 In case of the death of the defendant , the action may be 22 prosecuted against the personal representative of the deceased 23 with like effects as if the defendant were living, subject as 24 regards to the measure amount of support to the provision of 25 determined by the court under section 600B.6 . 26 Sec. 14. Section 600B.25, Code 2025, is amended to read as 27 follows: 28 600B.25 Form of judgment contents of support order 29 medical support uncovered medical expenses other expenses 30 related to pregnancy and birth evidence costs. 31 1. Upon a finding of paternity pursuant to section 600B.24 , 32 the all of the following shall apply: 33 a. The court shall establish the fathers monthly child 34 support payment and the amount of the support debt accrued 35 -4- LSB 1223YH (4) 91 cm/jh 4/ 7
H.F. 511 or accruing pursuant to section 598.21B , and shall establish 1 medical support pursuant to chapter 252E . The child support 2 obligation shall include support of the child between the 3 ages of eighteen and nineteen years if the child is engaged 4 full-time in completing high school graduation or equivalency 5 requirements in a manner which is reasonably expected to result 6 in completion of the requirements prior to the person reaching 7 nineteen years of age. 8 b. The court may order the father to pay amounts the court 9 deems appropriate for the past support and maintenance of the 10 child and for the reasonable and necessary uncovered medical 11 expenses incurred by or for the mother in connection with 12 prenatal care, the mothers pregnancy and the birth of the 13 child , and postnatal care of the child and the mother, and 14 other medical support as defined in section 252E.1 . Absent 15 good cause or agreement of the parties, any amount the court 16 orders the father to pay toward uncovered medical expenses 17 related to the mothers pregnancy and the birth of the child 18 shall be established in proportion to each parents respective 19 net income as calculated under the child support guidelines 20 established pursuant to section 598.21B, and shall take into 21 account any amount the father previously paid toward such 22 uncovered medical expenses. 23 c. The court may order the father to pay a separate amount 24 toward any other reasonable and necessary expenses incurred by 25 the mother related to the mothers pregnancy prior to the birth 26 of the child, and incurred by the mother to provide essential 27 items for the health, well-being, and safety of the newborn. 28 d. The court may award the prevailing party the reasonable 29 costs of suit, including but not limited to reasonable attorney 30 fees. 31 2. A copy of a bill for the costs of prenatal care or 32 uncovered medical expenses incurred by or for the mother 33 in connection with the mothers pregnancy and the birth of 34 the child shall be admitted as evidence, without requiring 35 -5- LSB 1223YH (4) 91 cm/jh 5/ 7
H.F. 511 third-party foundation testimony, and shall constitute prima 1 facie evidence of amounts incurred. 2 Sec. 15. Section 600B.39, Code 2025, is amended to read as 3 follows: 4 600B.39 Child defined. 5 For the purposes of this chapter , child means a person born 6 out of wedlock and not legitimized who is less than eighteen 7 years of age. 8 Sec. 16. Section 600B.41, subsection 1, Code 2025, is 9 amended to read as follows: 10 1. In a proceeding to establish paternity in law or in 11 equity the court may on its own motion, and upon request of 12 a party shall, require the child, mother, and alleged father 13 to submit to blood or genetic tests, except that if the mother 14 and child previously submitted blood or genetic specimens in a 15 prior action to establish paternity against a different alleged 16 father, the previously submitted specimens and prior results, 17 if available, may be utilized for testing in this action. Any 18 blood or genetic tests of the child, mother, or alleged father 19 shall not be conducted until after the childs birth. 20 EXPLANATION 21 The inclusion of this explanation does not constitute agreement with 22 the explanations substance by the members of the general assembly. 23 This bill relates to the obligation of parents of a child 24 born out of wedlock for support. 25 The bill amends Code chapter 600B (paternity and obligation 26 for support) to provide that the court shall establish medical 27 support pursuant to Code chapter 252E (medical support) and may 28 order the payment of the reasonable and necessary uncovered 29 medical expenses incurred by or for the mother in connection 30 with the mothers pregnancy and the birth of the child. The 31 bill provides that absent good cause or agreement of the 32 parties, any amount the court orders the father to pay toward 33 uncovered medical expenses related to the mothers pregnancy 34 and the birth of the child shall be established in proportion 35 -6- LSB 1223YH (4) 91 cm/jh 6/ 7
H.F. 511 to each parents respective net income as calculated under the 1 child support guidelines established pursuant to Code section 2 598.21B (orders for child support and medical support) and 3 shall take into account any amount the father previously paid 4 toward such expenses. Additionally, the bill provides that the 5 court may order the father to pay a separate amount toward any 6 other reasonable and necessary expenses incurred by the mother 7 related to the mothers pregnancy prior to the birth of the 8 child, and incurred by the mother to provide essential items 9 for the health, well-being, and safety of the newborn. 10 Under current law, upon the courts own motion or upon a 11 request of a party, the court shall require a child, mother, 12 and alleged father to submit to blood or genetic tests to 13 establish paternity. The bill provides that any blood or 14 genetic tests for a child, mother, or alleged father shall not 15 be conducted until after the birth of the child. 16 The bill makes conforming and other changes in Code chapter 17 600B consistent with the bill. 18 -7- LSB 1223YH (4) 91 cm/jh 7/ 7