210.828. Statute of limitations, exception--notification form required, when. - Missouri Statutes

Statute of limitations, exception--notification form required, when.

210.828. 1. An action to determine the existence of the father andchild relationship as to a child who has no presumed father under section210.822 may not be brought later than eighteen years after the birth of thechild, except that an action to determine the existence of the father andchild relationship as to a child who has no presumed father under theprovisions of section 210.822 may be brought by the child within threeyears after such child attains the age of eighteen.

2. A parent's retroactive liability to another party forreimbursement of necessary support provided by that party to the child forwhom a parent and child relationship is established under sections 210.817to 210.852 is limited to a period of five years next preceding thecommencement of the action.

3. Sections 210.826 and 210.828 do not extend the time within which aright of inheritance or a right to a succession may be asserted beyond thetime provided by law relating to distribution and closing of decedents'estates or to the determination of heirship, or otherwise.

4. In an action to determine the existence of the father and childrelationship under this section, a notification form, as specified in thissubsection, shall be attached to the delivery of the petition throughservice of process. The notification form shall prominently state inboldface type as follows: "Important Notice. If you do not respond tothis action, a judgment of paternity may be entered against you and you maybe ordered to pay child support, medical support or reimburse someone forsupport previously provided for the child. You have the right to contestthat you are the father of the named child and you have the right torequest genetic testing to prove whether or not you are the father.".

(L. 1987 S.B. 328 § 7, A.L. 1993 S.B. 253, A.L. 2009 S.B. 141)

(1996) Illegitimate child may prove paternity during probate pursuant to section 473.070 even if this statute of limitations has run. In the Matter of Carl Nocita, 914 S.W.2d 358 (Mo.banc).