454.485. Paternity order, establishing--entered when--genetic testing required when--docketing of order, result--copies to be sent to bureau of vital records of department of health and senior service - Missouri Statutes

Paternity order, establishing--entered when--genetic testing requiredwhen--docketing of order, result--copies to be sent to bureau ofvital records of department of health and seniorservices--defense of nonpaternity--decision, how rendered.

454.485. 1. The director may enter an order establishing paternity of achild in the course of a support proceeding pursuant to sections 454.460 to454.510 when the man is presumed to be the child's father pursuant to section210.822, RSMo, or when both parents sign sworn statements that the paternityof the dependent child for whom support is sought has not been legallyestablished and that the male parent is the father of the child. For purposesof paternity establishment pursuant to this section, a sworn statement shallinclude a statement verified by a person authorized to take oaths pursuant tosection 207.020, RSMo, or section 454.465.

2. The director may enter an order requiring genetic testing in thecourse of an action to establish paternity pursuant to sections 454.460 to454.510 or upon the request of a IV-D agency of another state that is seekingto establish paternity. The order may require that the child, the mother oran alleged father submit to tests performed by an expert designated by thedivision to be qualified as an examiner of genetic markers present on bloodcells and components, or other tissue or fluid. Such an examiner shall bequalified to be an expert as defined in section 210.834, RSMo, and shall beconsidered an expert pursuant to subdivision (5) of subsection 1 of section210.822, RSMo. In addition to any other provisions for enforcement of theorder, the order may be filed pursuant to section 454.490 and refusal tocomply with the order shall constitute civil contempt.

3. The docketing, pursuant to section 454.490, of an order establishingpaternity pursuant to this section shall establish legal paternity for allpurposes. The division shall provide an additional copy of eachadministrative order to be docketed and the circuit clerk shall, upondocketing, forward such copy to the bureau of vital records of the departmentof health and senior services. The bureau of vital records shall enter thename of the father on the birth records pursuant to sections 193.085 and193.215, RSMo, and shall record the Social Security account numbers of bothparents, pursuant to section 193.075, RSMo.

4. In no event shall a hearing official conducting a hearing pursuant tosections 454.460 to 454.510 be authorized to enter a finding of nonpaternityin the case of a man presumed to be the biological father of any childpursuant to Missouri law, or of the father of any child born out of wedlockwho has acknowledged paternity in writing under oath or has acknowledged thathe is responsible for the support, maintenance and education of such child,unless such presumption has been overruled, or such acknowledgment has beenruled void by a court of competent jurisdiction.

5. In an action contesting paternity, the director shall require genetictesting at the request of a party to such action if such request is supportedby a sworn statement of such party which:

(1) Alleges paternity and sets forth facts establishing a reasonablepossibility of sexual contact between the parties; or

(2) Denies paternity and sets forth facts establishing a reasonablepossibility that there was no sexual contact between the parties.

6. The division shall pay the cost of any genetic test ordered pursuantto this section. If the paternity of the alleged father is established, suchfather may be ordered to pay the cost of such tests. If a genetic test iscontested, the director shall not order additional genetic testing whenrequested by the person contesting the test unless such person pays in advancefor such tests.

(L. 1982 S.B. 468 § 17, A.L. 1984 H.B. 1275, A.L. 1986 H.B. 1479, A.L. 1990 S.B. 834, A.L. 1993 S.B. 253, A.L. 1994 H.B. 1491 & 1134 merged with S.B. 508, A.L. 1997 S.B. 361)

Effective 7-1-97