Senate File 81 - Introduced SENATE FILE 81 BY EVANS A BILL FOR An Act relating to paternity and the obligation of parents for 1 support of children. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1779XS (6) 91 dg/ko
S.F. 81 Section 1. Section 600B.4, Code 2025, is amended to read as 1 follows: 2 600B.4 Recovery by others than a childs mother. 3 The obligation of the father as hereby provided creates 4 in this chapter also creates a cause of action on behalf 5 of the legal representative of the childs mother, or on 6 behalf of third persons furnishing support or defraying the 7 reasonable expenses thereof of the mother , where paternity 8 has been judicially established by proceedings brought by the 9 mother , or by or on behalf of the child , or by the authorities 10 charged with its the childs support, or where paternity 11 has been acknowledged by the father in writing , established 12 by the father through blood or genetic testing conducted in 13 accordance with section 600B.41 or chapter 252F, or by the part 14 performance of the obligations imposed upon him the father . 15 Sec. 2. Section 600B.6, Code 2025, is amended to read as 16 follows: 17 600B.6 Liability of the fathers estate of a childs father . 18 The obligation of the a childs father, when his the fathers 19 paternity has been judicially established in his the fathers 20 lifetime, established by the father through blood or genetic 21 testing, or has been acknowledged by him the father in writing 22 or by the part performance of his the fathers obligations, is 23 enforceable against his the fathers estate in such an amount 24 as the court may determine, having regard to upon consideration 25 of the age of the child, the ability of the mother to support 26 it the child , the amount of property left by the father, the 27 number, age, and financial condition of the fathers lawful 28 issue, if any, and the rights of the fathers widow, if 29 any. The court may direct the discharge of the obligation by 30 periodical payments or by the payment of a lump sum. 31 Sec. 3. Section 600B.8, Code 2025, is amended to read as 32 follows: 33 600B.8 Who may institute proceedings. 34 The proceedings may be brought by the childs mother, or 35 -1- LSB 1779XS (6) 91 dg/ko 1/ 6
S.F. 81 other an interested person, the alleged father of the child, 1 or , if the child is or is likely to be a public charge, by the 2 authorities charged with its the childs support. After the 3 death of the mother or in case of her disability if the mother 4 becomes disabled , it the proceedings may also be brought by the 5 child acting through its the childs guardian or next friend 6 legal representative . 7 Sec. 4. Section 600B.9, Code 2025, is amended to read as 8 follows: 9 600B.9 Time of instituting proceedings. 10 The proceedings may be instituted during the pregnancy of 11 the childs mother or after the birth of the child, but, except 12 with the consent of all parties, the trial shall not be held 13 until after the birth of the child and shall be held no earlier 14 than twenty days from the date the childs alleged father or 15 the mother is served with notice of the action or, if blood 16 or genetic tests are conducted, no earlier than thirty days 17 from the date the test results are filed with the clerk of the 18 district court as provided under section 600B.41 . 19 Sec. 5. Section 600B.11, Code 2025, is amended to read as 20 follows: 21 600B.11 Nonresident complainant. 22 It is not a bar to the jurisdiction of the court, that the 23 complaining mother or child complainant resides in another 24 state. 25 Sec. 6. Section 600B.13, Code 2025, is amended to read as 26 follows: 27 600B.13 Form of complaint verification. 28 The complaint may be made in writing, or oral orally and 29 in the presence of the complainant reduced to writing by the 30 prosecuting attorney. It The complaint shall be verified by 31 oath or affirmation of the complainant. 32 Sec. 7. Section 600B.14, Code 2025, is amended to read as 33 follows: 34 600B.14 Substance of complaint. 35 -2- LSB 1779XS (6) 91 dg/ko 2/ 6
S.F. 81 1. The If the complainant is the childs mother or the 1 child, the complaint shall charge allege the person named as 2 defendant with being is the father of the child. 3 2. If an alleged father is the complainant, the complaint 4 shall allege that the complainant is the father of the child. 5 Sec. 8. Section 600B.16, Code 2025, is amended to read as 6 follows: 7 600B.16 Lis pendens. 8 From the time of the filing of such a complaint, a lien 9 shall be created upon the real property of the accused childs 10 alleged father in the county where the action is pending for 11 the payment of any money and the performance of any court order 12 adjudged by the proper court . 13 Sec. 9. Section 600B.17, Code 2025, is amended to read as 14 follows: 15 600B.17 Writ of attachment. 16 The district court may order an attachment to issue thereon 17 on the real property upon which a lien is created without 18 bond , which order . The order shall specify the amount of real 19 property to be seized thereunder , and may be revoked at any 20 time by such the court on a showing made for a revocation of the 21 same, order and on such terms as such the court may deem deems 22 proper in the premises . 23 Sec. 10. Section 600B.21, Code 2025, is amended to read as 24 follows: 25 600B.21 Death, absence , or mental illness of a childs mother 26 or alleged father testimony receivable. 27 If after the complaint is filed the mother complainant 28 dies , or becomes mentally ill , or cannot be found within the 29 jurisdiction, the proceeding does not abate, but the child 30 shall be substituted as the complainant. The testimony of the 31 childs mother or alleged father taken by deposition as in 32 other civil cases, may in any such case be read as evidence 33 and in all cases shall be read as evidence if demanded by the 34 defendant. 35 -3- LSB 1779XS (6) 91 dg/ko 3/ 6
S.F. 81 Sec. 11. Section 600B.22, Code 2025, is amended to read as 1 follows: 2 600B.22 Death of defendant. 3 In case of the death of the defendant , the action may be 4 prosecuted against the personal representative of the deceased 5 with like effects as if the defendant were living , subject as 6 regards the measure of for purposes of determining support to 7 the provision of under section 600B.6 . 8 Sec. 12. Section 600B.24, Code 2025, is amended to read as 9 follows: 10 600B.24 Judgment in general. 11 1. If the defendant childs alleged father , after being 12 served with notice as required under section 600B.15 , fails 13 to timely respond to the notice, or to appear for blood or 14 genetic tests pursuant to a court or administrative order, or 15 to appear at a scheduled hearing after being provided notice of 16 the hearing, the court shall find the defendant alleged father 17 in default and enter a default judgment an appropriate order . 18 2. Upon a finding of paternity against or for the defendant 19 childs alleged father , the court shall enter a judgment 20 against the defendant declaring paternity of the alleged father 21 and ordering support of the child. 22 Sec. 13. Section 600B.29, Code 2025, is amended to read as 23 follows: 24 600B.29 Desertion statute applicable. 25 The provisions of sections 726.3 through 726.5 relating to 26 desertion and abandonment of children, have the same effect 27 in cases of illegitimacy where paternity has been judicially 28 established, has been established through blood or genetic 29 testing, or has been acknowledged by the childs father 30 in writing or by the furnishing of support, as in cases of 31 children born in wedlock. 32 Sec. 14. Section 600B.36, Code 2025, is amended to read as 33 follows: 34 600B.36 Report to registrar of vital statistics. 35 -4- LSB 1779XS (6) 91 dg/ko 4/ 6
S.F. 81 Upon the entry of a judgment determining the paternity of a 1 child , the clerk of the district court shall notify in writing 2 send written notice to the state registrar of vital statistics 3 of the name of the person against whom such judgment has been 4 entered, together with such father and other facts disclosed 5 by the records as that may assist in identifying the childs 6 birth record of the birth of the child as the same may appear 7 in the office of said registrar . If such the judgment shall 8 thereafter be is vacated that fact , the vacating order shall be 9 reported by the clerk in the same manner. 10 Sec. 15. Section 600B.41, subsection 1, Code 2025, is 11 amended to read as follows: 12 1. In a proceeding to establish paternity , in law or in 13 equity the court may on its own motion, and upon request of a 14 party shall including the childs mother or alleged father , 15 require the child, mother, and alleged father to submit to 16 blood or genetic tests, except that if the mother and child 17 previously submitted blood or genetic specimens in a prior 18 action to establish paternity against a different alleged 19 father, the previously submitted specimens and prior results, 20 if available, may be utilized for testing in this action . The 21 mother or the childs alleged father requesting the tests 22 shall file an affidavit with the court that alleges or denies 23 paternity and contains facts that establish the reasonable 24 possibility that there was, or was not, the requisite sexual 25 contact between the mother and the alleged father. 26 EXPLANATION 27 The inclusion of this explanation does not constitute agreement with 28 the explanations substance by the members of the general assembly. 29 This bill amends Code chapter 600B (paternity and obligation 30 for support) to allow an alleged father of a child, the childs 31 mother, or the child to file a complaint to establish paternity 32 of the child and an obligation for support of the child. Under 33 current law, the proceedings under Code chapter 600B may be 34 brought only by the mother, or other interested person, or 35 -5- LSB 1779XS (6) 91 dg/ko 5/ 6
S.F. 81 if the child is or is likely to be a public charge, by the 1 authorities charged with the childs support. The bill makes 2 conforming changes throughout the Code chapter to provide that 3 the alleged father may also be the complainant or plaintiff. 4 The bill includes an alleged father as a party that may 5 request blood or genetic testing in a proceeding to establish 6 paternity, and provides that a mother or alleged father 7 requesting the testing shall file an affidavit with the court 8 that alleges or denies paternity and contains facts that 9 establish the reasonable possibility that there was, or was 10 not, the requisite sexual contact between the mother and the 11 alleged father. 12 -6- LSB 1779XS (6) 91 dg/ko 6/ 6