CHAPTER 600B PATERNITY AND OBLIGATION FOR SUPPORT
See also chapter 252A
600B.1 OBLIGATION OF PARENTS.
The parents of a child born out of wedlock and not legitimized (in
this chapter referred to as "the child") owe the child necessary
maintenance, education, and support. They are also liable for the
child's funeral expenses. The father is also liable to pay the
expense of the mother's pregnancy and confinement. The obligation of
the parent to support the child under the laws for the support of
poor relatives applies to children born out of wedlock.
[C27, 31, 35, § 12667-a1; C39, § 12667.01; C46, 50, 54, 58, 62,
66, 71, 73, 75, 77, 79, 81, § 675.1]
C93, § 600B.1
Analogous provision, § 252.2
600B.2 RECOVERY BY MOTHER FROM FATHER.
The mother may recover from the father a reasonable share of the
necessary support of the child.
[C27, 31, 35, § 12667-a2; C39, § 12667.02; C46, 50, 54, 58, 62,
66, 71, 73, 75, 77, 79, 81, § 675.2]
C93, § 600B.2
600B.3 Reserved.
600B.4 RECOVERY BY OTHERS THAN MOTHER.
The obligation of the father as hereby provided creates also a
cause of action on behalf of the legal representative of the mother,
or on behalf of third persons furnishing support or defraying the
reasonable expenses thereof, where paternity has been judicially
established by proceedings brought by the mother or by or on behalf
of the child or by the authorities charged with its support, or where
paternity has been acknowledged by the father in writing or by the
part performance of the obligations imposed upon him.
[C27, 31, 35, § 12667-a4; C39, § 12667.04; C46, 50, 54, 58, 62,
66, 71, 73, 75, 77, 79, 81, § 675.4]
C93, § 600B.4
600B.5 DISCHARGE OF FATHER'S OBLIGATION.
The obligation of the father other than that under the laws
providing for the support of poor relatives is discharged by
complying with a judicial decree for support or with the terms of a
judicially approved settlement. The legal adoption of a child into
another family discharges the obligation for the period subsequent to
the adoption, unless the adoption was fraudulently induced and the
adoptive father's parental rights have been terminated and the order
terminating the biological father's parental rights has been vacated
in accordance with the procedures set out in section 600A.9,
subsection 3.
[C27, 31, 35, § 12667-a5; C39, § 12667.05; C46, 50, 54, 58, 62,
66, 71, 73, 75, 77, 79, 81, § 675.5]
92 Acts, ch 1192, §4, 5
C93, § 600B.5
94 Acts, ch 1046, §22
Referred to in § 600B.41A
600B.6 LIABILITY OF THE FATHER'S ESTATE.
The obligation of the father, when his paternity has been
judicially established in his lifetime, or has been acknowledged by
him in writing or by the part performance of his obligations, is
enforceable against his estate in such an amount as the court may
determine, having regard to the age of the child, the ability of the
mother to support it, the amount of property left by the father, the
number, age, and financial condition of the lawful issue, if any, and
the rights of the widow, if any. The court may direct the discharge
of the obligation by periodical payments or by the payment of a lump
sum.
[C27, 31, 35, § 12667-a6; C39, § 12667.06; C46, 50, 54, 58, 62,
66, 71, 73, 75, 77, 79, 81, § 675.6]
C93, § 600B.6
Referred to in § 600B.22
600B.7 PROCEEDINGS TO ESTABLISH PATERNITY.
Proceedings to establish paternity and to compel support by the
father may be brought in accordance with the provisions of this
chapter. They shall not be exclusive of other proceedings that may
be available on principles of law and equity.
[C27, 31, 35, § 12667-a7; C39, § 12667.07; C46, 50, 54, 58, 62,
66, 71, 73, 75, 77, 79, 81, § 675.7]
C93, § 600B.7
Additional reference, § 252.3
600B.8 WHO MAY INSTITUTE PROCEEDINGS.
The proceedings may be brought by the mother, or other interested
person, or if the child is or is likely to be a public charge, by the
authorities charged with its support. After the death of the mother
or in case of her disability, it may also be brought by the child
acting through its guardian or next friend.
[C51, § 848; R60, § 1416; C73, § 4715; C97, § 5629; C24, § 12658;
C27, 31, 35, § 12667-a8; C39, § 12667.08; C46, 50, 54, 58, 62, 66,
71, 73, 75, 77, 79, 81, § 675.8]
C93, § 600B.8
600B.9 TIME OF INSTITUTING PROCEEDINGS.
The proceedings may be instituted during the pregnancy of the
mother or after the birth of the child, but, except with the consent
of all parties, the trial shall not be held until after the birth of
the child and shall be held no earlier than twenty days from the date
the alleged father is served with notice of the action or, if blood
or genetic tests are conducted, no earlier than thirty days from the
date the test results are filed with the clerk of the district court
as provided under section 600B.41.
[C27, 31, 35, § 12667-a9; C39, § 12667.09; C46, 50, 54, 58, 62,
66, 71, 73, 75, 77, 79, 81, § 675.9]
C93, § 600B.9
94 Acts, ch 1171, §43; 97 Acts, ch 175, §204
600B.10 VENUE.
The action shall be by ordinary proceedings entitled in the name
of the complainant against the defendant and shall be brought in the
district court in the county in which the alleged father is
permanently or temporarily resident, or in which the mother or the
child resides or is found.
[C51, § 848; R60, § 1416; C73, § 4715; C97, § 5629; C24, § 12658;
C27, 31, 35, § 12667-a10; C39, § 12667.10; C46, 50, 54, 58, 62, 66,
71, 73, 75, 77, 79, 81, § 675.10]
C93, § 600B.10
600B.11 NONRESIDENT COMPLAINANT.
It is not a bar to the jurisdiction of the court, that the
complaining mother or child resides in another state.
[C27, 31, 35, § 12667-a11; C39, § 12667.11; C46, 50, 54, 58, 62,
66, 71, 73, 75, 77, 79, 81, § 675.11]
C93, § 600B.11
600B.12 COMPLAINT -- WHERE BROUGHT.
The complaint may be made to the county attorney.
[C51, § 848; R60, § 1416; C73, § 4715; C97, § 5629; C24, § 12658;
C27, 31, 35, § 12667-a12; C39, § 12667.12; C46, 50, 54, 58, 62, 66,
71, 73, 75, 77, 79, 81, § 675.12]
C93, § 600B.12
600B.13 FORM OF COMPLAINT -- VERIFICATION.
The complaint may be made in writing, or oral and in the presence
of the complainant reduced to writing by the prosecuting attorney.
It shall be verified by oath or affirmation of the complainant.
[C51, § 848; R60, § 1416; C73, § 4715; C97, § 5629; C24, § 12658;
C27, 31, 35, § 12667-a13; C39, § 12667.13; C46, 50, 54, 58, 62, 66,
71, 73, 75, 77, 79, 81, § 675.13]
C93, § 600B.13
600B.14 SUBSTANCE OF COMPLAINT.
The complainant shall charge the person named as defendant with
being the father of the child.
[C51, § 848; R60, § 1416; C73, § 4715; C97, § 5629; C24, § 12658;
C27, 31, 35, § 12667-a14; C39, § 12667.14; C46, 50, 54, 58, 62, 66,
71, 73, 75, 77, 79, 81, § 675.14]
C93, § 600B.14
600B.15 ORIGINAL NOTICE.
An original notice shall be issued as in other civil cases, which
notice shall be served as in ordinary actions.
[C51, § 849; R60, § 1417; C73, § 4716; C97, § 5630; C24, § 12659;
C27, 31, 35, § 12667-a16; C39, § 12667.15; C46, 50, 54, 58, 62, 66,
71, 73, 75, 77, 79, 81, § 675.15]
C93, § 600B.15
Referred to in § 600B.24
Manner of service, R.C.P. 1.302--1.315
600B.16 LIS PENDENS.
From the time of the filing of such complaint, a lien shall be
created upon the real property of the accused in the county where the
action is pending for the payment of any money and the performance of
any order adjudged by the proper court.
[C51, § 850; R60, § 1418; C73, § 4717; C97, § 5631; C24, § 12660;
C27, 31, 35, § 12667-a17; C39, § 12667.16; C46, 50, 54, 58, 62, 66,
71, 73, 75, 77, 79, 81, § 675.16]
C93, § 600B.16
600B.17 WRIT OF ATTACHMENT.
The district court may order an attachment to issue thereon
without bond, which order shall specify the amount of property to be
seized thereunder, and may be revoked at any time by such court on a
showing made for a revocation of the same, and on such terms as such
court may deem proper in the premises.
[C73, § 4718; C97, § 5632; C24, § 12661; C27, 31, 35, § 12667-a18;
C39, § 12667.17; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §
675.17]
C93, § 600B.17
600B.18 METHOD OF TRIAL.
The trial shall be by the court, and shall be conducted as in
other civil cases.
[C51, § 851, 854; R60, § 1419, 1422; C73, § 4720; C97, § 5634;
C24, § 12663; C27, 31, 35, § 12667-a27; C39, § 12667.18; C46, 50, 54,
58, 62, 66, 71, 73, 75, 77, 79, 81, § 675.18]
C93, § 600B.18
97 Acts, ch 175, §205
600B.19 COUNTY ATTORNEY TO PROSECUTE.
The county attorney, on being notified of the facts justifying a
complaint as provided in this chapter, or of the filing of such
complaint, shall prosecute the matter in behalf of the complainant.
[C73, § 4719; C97, § 5633; C24, § 12662; C27, 31, 35, § 12667-a28;
C39, § 12667.19; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §
675.19]
C93, § 600B.19
Referred to in § 331.756(77)
600B.20 EXCLUSION OF BYSTANDERS.
Unless objection is raised by either party to the action the judge
shall exclude from the hearing all persons except the employees of
the court, witnesses, and immediate relatives of the parties
involved.
[C27, 31, 35, § 12667-a29; C39, § 12667.20; C46, 50, 54, 58, 62,
66, 71, 73, 75, 77, 79, 81, § 675.20]
C93, § 600B.20
600B.21 DEATH, ABSENCE OR MENTAL ILLNESS OF MOTHER -- TESTIMONY
RECEIVABLE.
If after the complaint the mother dies or becomes mentally ill or
cannot be found within the jurisdiction, the proceeding does not
abate, but the child shall be substituted as complainant. The
testimony of the mother taken by deposition as in other civil cases,
may in any such case be read as evidence and in all cases shall be
read as evidence if demanded by the defendant.
[C27, 31, 35, § 12667-a31; C39, § 12667.21; C46, 50, 54, 58, 62,
66, 71, 73, 75, 77, 79, 81, § 675.21]
C93, § 600B.21
Referred to in § 229.27
600B.22 DEATH OF DEFENDANT.
In case of the death of the defendant the action may be prosecuted
against the personal representative of the deceased with like effects
as if he were living, subject as regards the measure of support to
the provision of section 600B.6.
[C27, 31, 35, § 12667-a32; C39, § 12667.22; C46, 50, 54, 58, 62,
66, 71, 73, 75, 77, 79, 81, § 675.22]
C93, § 600B.22
600B.23 COSTS PAYABLE BY COUNTY.
If the finding of the court be in favor of the defendant the costs
of the action shall be paid by the county.
[C24, § 12666; C27, 31, 35, § 12667-a33; C39, § 12667.23; C46, 50,
54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 675.23]
C93, § 600B.23
97 Acts, ch 175, §206
600B.24 JUDGMENT IN GENERAL.
1. If the defendant, after being served with notice as required
under section 600B.15, fails to timely respond to the notice, or to
appear for blood or genetic tests pursuant to a court or
administrative order, or to appear at a scheduled hearing after being
provided notice of the hearing, the court shall find the defendant in
default and enter a default judgment.
2. Upon a finding of paternity against the defendant, the court
shall enter a judgment against the defendant declaring paternity and
ordering support of the child.
[C51, § 855; R60, § 1423; C73, § 4721; C97, § 5635; C24, § 12664;
C27, 31, 35, § 12667-a35; C39, § 12667.24; C46, 50, 54, 58, 62, 66,
71, 73, 75, 77, 79, 81, § 675.24]
C93, § 600B.24
94 Acts, ch 1171, §44; 97 Acts, ch 175, §207
Referred to in § 600B.25
600B.25 FORM OF JUDGMENT -- CONTENTS OF SUPPORT ORDER -- EVIDENCE
-- COSTS.
1. Upon a finding of paternity pursuant to section 600B.24, the
court shall establish the father's monthly support payment and the
amount of the support debt accrued or accruing pursuant to section
598.21B. The support obligation shall include support of the child
between the ages of eighteen and nineteen years if the child is
engaged full-time in completing high school graduation or equivalency
requirements in a manner which is reasonably expected to result in
completion of the requirements prior to the person reaching nineteen
years of age. The court may order the father to pay amounts the
court deems appropriate for the past support and maintenance of the
child and for the reasonable and necessary expenses incurred by or
for the mother in connection with prenatal care, the birth of the
child, and postnatal care of the child and the mother, and other
medical support as defined in section 252E.1. The court may award
the prevailing party the reasonable costs of suit, including but not
limited to reasonable attorney fees.
2. A copy of a bill for the costs of prenatal care or the birth
of the child shall be admitted as evidence, without requiring
third-party foundation testimony, and shall constitute prima facie
evidence of amounts incurred.
[C51, § 855; R60, § 1423; C73, § 4721; C97, § 5635; C24, § 12664;
C27, 31, 35, § 12667-a36; C39, § 12667.25; C46, 50, 54, 58, 62, 66,
71, 73, 75, 77, 79, 81, § 675.25]
85 Acts, ch 100, § 10; 87 Acts, ch 98, § 2; 89 Acts, ch 166, § 7;
90 Acts, ch 1224, § 49
C93, § 600B.25
97 Acts, ch 175, §208; 2005 Acts, ch 69, §56
Referred to in § 600B.38
600B.26 Reserved.
600B.27 PAYMENT TO TRUSTEES.
The court may require the payment to be made to the mother, or to
some person or corporation to be designated by the court as trustee.
The payments shall be directed to be made to a trustee if the mother
does not reside within the jurisdiction of the court.
[C27, 31, 35, § 12667-a38; C39, § 12667.27; C46, 50, 54, 58, 62,
66, 71, 73, 75, 77, 79, 81, § 675.27]
C93, § 600B.27
600B.28 REPORT BY TRUSTEE.
The trustee shall report to the court annually, or more often as
directed by the court, the amounts received and paid over.
[C27, 31, 35, § 12667-a39; C39, § 12667.28; C46, 50, 54, 58, 62,
66, 71, 73, 75, 77, 79, 81, § 675.28]
C93, § 600B.28
2005 Acts, ch 3, §101
600B.29 DESERTION STATUTE APPLICABLE.
The provisions of sections 726.3 through 726.5 relating to
desertion and abandonment of children, have the same effect in cases
of illegitimacy where paternity has been judicially established, or
has been acknowledged by the father in writing or by the furnishing
of support, as in cases of children born in wedlock.
[C27, 31, 35, § 12667-a45; C39, § 12667.29; C46, 50, 54, 58, 62,
66, 71, 73, 75, 77, 79, 81, § 675.29]
83 Acts, ch 101, § 128
C93, § 600B.29
600B.30 AGREEMENT OR COMPROMISE. Repealed by 97 Acts, ch 175,
§217.
600B.31 CONTINUING JURISDICTION.
Subject to 28 U.S.C. § 1738B, the court has continuing
jurisdiction over proceedings brought to compel support and to
increase or decrease the amount thereof until the judgment of the
court has been completely satisfied, and also has continuing
jurisdiction to determine the custody in accordance with the
interests of the child.
[C73, § 4722; C97, § 5636; C24, § 12667; C27, 31, 35, § 12667-a47;
C39, § 12667.31; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §
675.31]
C93, § 600B.31
96 Acts, ch 1141, § 30
600B.31A PARTIES TO AND COURT ISSUING ORIGINAL ORDER -- NOTICE.
If a proceeding is initiated in a court for an adoption involving
the children of parents whose paternity, obligation for support, or
custody determination has been determined under this chapter or for
modification of a child support or custody order granted under this
chapter, the following requirements shall be met if the proceedings
are initiated in a court other than the court which issued the
original order:
1. The party initiating the proceedings shall present to the
court the names and addresses of the parties to the original
proceeding, if known, as well as the name and place of the court
which issued the original order and the date of the original order.
2. The court in which the proceedings are initiated shall cause
notice of the proceedings to be served upon all the parties to the
original order unless the parties are deceased.
The court in which the proceedings are initiated or any party to
the proceedings may also request that a copy of the transcript of the
proceedings of the court which issued the original order be made
available for consideration in the new proceedings.
2006 Acts, ch 1096, §1
600B.32 CONCURRENCE OF REMEDIES.
A criminal prosecution shall not be a bar to, or be barred by,
civil proceedings to compel support; but money paid toward the
support of the child shall be allowed for and accredited in
determining or enforcing any civil liability.
[C27, 31, 35, § 12667-a49; C39, § 12667.32; C46, 50, 54, 58, 62,
66, 71, 73, 75, 77, 79, 81, § 675.32]
C93, § 600B.32
600B.33 LIMITATIONS OF ACTIONS.
1. An action to establish paternity and support under this
chapter may be brought within the time limitations set forth in
section 614.8.
2. Notwithstanding subsection 1, an action to establish paternity
and support under this chapter may be brought concerning a person who
was under age eighteen on August 16, 1984, regardless of whether any
prior action was dismissed because a statute of limitations of less
than eighteen years was then in effect. Such an action may be
brought within the time limitations set forth in section 614.8, or
until July 2, 1992, whichever is later.
90 Acts, ch 1224, §50
C91, § 675.33
C93, § 600B.33
600B.34 FOREIGN JUDGMENTS. Repealed by 97 Acts, ch 175, §220,
221. See chapter 252K.
600B.35 REFERENCE TO ILLEGITIMACY PROHIBITED.
In all records, certificates, or other papers made or executed,
other than birth records and certificates or records of judicial
proceedings in which the question of birth out of wedlock is at
issue, requiring a declaration by or notice to the mother of a child
born out of wedlock, it shall be sufficient for all purposes to refer
to the mother as the parent having the sole custody of the child or
to the child as being in the sole custody of the mother and no
explicit reference shall be made to illegitimacy, and the term
biological shall be deemed equivalent to the term illegitimate when
referring to parentage or birth out of wedlock.
[C27, 31, 35, § 12667-a52; C39, § 12667.35; C46, 50, 54, 58, 62,
66, 71, 73, 75, 77, 79, 81, § 675.35]
C93, § 600B.35
94 Acts, ch 1046, §23
600B.36 REPORT TO REGISTRAR OF VITAL STATISTICS.
Upon the entry of a judgment determining the paternity of a child
the clerk of the district court shall notify in writing the state
registrar of vital statistics of the name of the person against whom
such judgment has been entered, together with such other facts
disclosed by the records as may assist in identifying the record of
the birth of the child as the same may appear in the office of said
registrar. If such judgment shall thereafter be vacated that fact
shall be reported by the clerk in the same manner.
[C27, 31, 35, § 12667-a53; C39, § 12667.36; C46, 50, 54, 58, 62,
66, 71, 73, 75, 77, 79, 81, § 675.36]
C93, § 600B.36
94 Acts, ch 1046, §24
Referred to in § 252F.7, 602.8102(119)
600B.37 CONTEMPT.
If the father fails to comply with or violates the terms or
conditions of a support order made pursuant to the provisions of this
chapter, he shall be punished by the court in the same manner and to
the same extent as is provided by law for a contempt of such court in
any other suit or proceeding cognizable by such court.
[C73, 75, 77, 79, 81, § 675.37]
C93, § 600B.37
600B.38 RECIPIENTS OF PUBLIC ASSISTANCE -- ASSIGNMENT OF SUPPORT
PAYMENTS.
If public assistance is provided by the department of human
services to or on behalf of a dependent child or a dependent child's
caretaker, there is an assignment by operation of law to the
department of any and all rights in, title to, and interest in any
support obligation, payment, and arrearages owed to or on behalf of
the child or caretaker, not to exceed the amount of public assistance
paid for or on behalf of the child or caretaker. The department
shall immediately notify the clerk of court by mail when such a child
or caretaker has been determined to be eligible for public
assistance. Upon notification by the department, the clerk of court
shall make a notation of the automatic assignment in the judgment
docket and lien index. The notation constitutes constructive notice
of the assignment. For public assistance approved and provided on or
after July 1, 1997, if the applicant for public assistance is a
person other than a parent of the child, the department shall send
notice by regular mail to the last known addresses of the obligee and
obligor. The clerk of court shall forward support payments received
pursuant to section 600B.25, to which the department is entitled, to
the department, which may secure support payments in default through
other proceedings. The clerk shall furnish the department with
copies of all orders or decrees and temporary or domestic abuse
orders addressing support when the parties are receiving public
assistance or services are otherwise provided by the child support
recovery unit. Unless otherwise specified in the order, an equal and
proportionate share of any child support awarded shall be presumed to
be payable on behalf of each child subject to the order or judgment
for purposes of an assignment under this section.
[C77, 79, 81, § 675.38; 82 Acts, ch 1237, § 5]
83 Acts, ch 96, § 157, 159
C93, § 600B.38
97 Acts, ch 175, §209
600B.39 "CHILD" DEFINED.
For the purposes of this chapter, "child" means a person less than
eighteen years of age.
[C81, § 675.39]
87 Acts, ch 98, §2
C93, § 600B.39
600B.40 CUSTODY AND VISITATION.
The mother of a child born out of wedlock whose paternity has not
been acknowledged and who has not been adopted has sole custody of
the child unless the court orders otherwise. If a judgment of
paternity is entered, the father may petition for rights of
visitation or custody in the same paternity action or in an equity
proceeding separate from any action to establish paternity.
In determining the visitation or custody arrangements of a child
born out of wedlock, if a judgment of paternity is entered and the
mother of the child has not been awarded sole custody, section 598.41
shall apply to the determination, as applicable, and the court shall
consider the factors specified in section 598.41, subsection 3,
including but not limited to the factor related to a parent's history
of domestic abuse.
[C81, § 675.40]
C93, § 600B.40
95 Acts, ch 182, § 27; 2004 Acts, ch 1061, §2
600B.40A TEMPORARY ORDERS -- SUPPORT, CUSTODY, OR VISITATION OF A
CHILD.
Upon petition of either parent in a proceeding involving support,
custody, or visitation of a child for whom paternity has been
established and whose mother and father have not been and are not
married to each other at the time of filing of the petition, the
court may issue a temporary order for support, custody, or visitation
of the child. The temporary orders shall be made in accordance with
the provisions relating to issuance of and changes in temporary
orders for support, custody, or visitation of a child by the court in
a dissolution of marriage proceeding pursuant to chapter 598.
97 Acts, ch 160, §1
600B.41 BLOOD AND GENETIC TESTS.
1. In a proceeding to establish paternity in law or in equity the
court may on its own motion, and upon request of a party shall,
require the child, mother, and alleged father to submit to blood or
genetic tests.
2. If a blood or genetic test is required, the court shall direct
that inherited characteristics be determined by appropriate testing
procedures, and shall appoint an expert qualified as an examiner of
genetic markers to analyze and interpret the results and to report to
the court. Appropriate testing procedures shall include any genetic
test generally acknowledged as reliable by accreditation bodies
designated by the secretary of the United States department of health
and human services and which are performed by a laboratory approved
by such an accreditation body.
3. Verified documentation of the chain of custody of the blood or
genetic specimen is competent evidence to establish the chain of
custody. The testimony of the court-appointed expert at trial is not
required.
4. A verified expert's report shall be admitted at trial. A copy
of a bill for blood or genetic testing shall be admitted as evidence,
without requiring third-party foundation testimony, and shall
constitute prima facie evidence of amounts incurred for blood or
genetic testing.
5. The results of the tests shall have the following effects:
a. Test results which show a statistical probability of paternity
are admissible. To challenge the test results, a party shall file a
notice of the challenge, with the court, no later than twenty days
after the filing of the expert's report with the clerk of the
district court.
(1) Any subsequent rescheduling or continuances of the originally
scheduled hearing shall not extend the original time frame.
(2) Any challenge filed after the time frame is not acceptable or
admissible by the court.
(3) If a challenge is not timely filed, the test results shall be
admitted as evidence of paternity without the need of additional
proof of authenticity or accuracy.
b. If the expert concludes that the test results show that the
alleged father is not excluded and that the probability of the
alleged father's paternity is ninety-five percent or higher, there
shall be a rebuttable presumption that the alleged father is the
father, and this evidence must be admitted.
(1) To challenge this presumption of paternity, a party must file
a notice of the challenge with the court within the time frames
prescribed in paragraph "a".
(2) The party challenging the presumption of the alleged father's
paternity has the burden of proving that the alleged father is not
the father of the child.
(3) The presumption of paternity can be rebutted only by clear
and convincing evidence.
c. If the expert concludes that the test results show that the
alleged father is not excluded and that the probability of the
alleged father's paternity is less than ninety-five percent, test
results shall be weighed along with other evidence of the alleged
father's paternity. To challenge the test results, a party must file
a notice of the challenge with the court within the time frames
prescribed in paragraph "a".
6. If the results of the tests or the expert's analysis of
inherited characteristics is disputed in a timely fashion, the court,
upon reasonable request of a party, shall order that an additional
test be made by the same laboratory or an independent laboratory at
the expense of the party requesting additional testing. When a
subsequent test is conducted, all time frames prescribed in this
chapter associated with blood or genetic tests shall apply to the
most recently completed test.
7. All costs shall be paid by the parties or parents in
proportions and at times determined by the court, except as otherwise
provided pursuant to section 600B.41A.
[C81, § 675.41]
92 Acts, ch 1195, § 210
C93, § 600B.41
93 Acts, ch 79, §22, 23; 94 Acts, ch 1171, §45--47, 52; 95 Acts,
ch 52, § 9; 97 Acts, ch 175, §210, 211
Referred to in § 252A.6A, 600A.7, 600B.9, 600B.41A
600B.41A ACTIONS TO OVERCOME PATERNITY -- APPLICABILITY --
CONDITIONS.
1. Paternity which is legally established may be overcome as
provided in this section if subsequent blood or genetic testing
indicates that the previously established father of a child is not
the biological father of the child. Unless otherwise provided in
this section, this section applies to the overcoming of paternity
which has been established according to any of the means provided in
section 252A.3, subsection 8, by operation of law when the
established father and the mother of the child are or were married to
each other, or as determined by a court of this state under any other
applicable chapter.
2. This section does not apply to any of the following:
a. A paternity determination made in or by a foreign jurisdiction
or a paternity determination which has been made in or by a foreign
jurisdiction and registered in this state in accordance with section
252A.18 or chapter 252K.
b. A paternity determination based upon a court or administrative
order if the order was entered based upon blood or genetic test
results which demonstrate that the alleged father was not excluded
and that the probability of the alleged father's paternity was
ninety-five percent or higher, unless the tests were conducted prior
to July 1, 1992.
3. Establishment of paternity may be overcome under this section
if all of the following conditions are met:
a. The action to overcome paternity is filed with the court prior
to the child reaching majority.
(1) A petition to overcome paternity may be filed only by the
mother of the child, the established father of the child, the child,
or the legal representative of any of these parties.
(2) If paternity was established by court or administrative
order, a petition to overcome paternity shall be filed in the county
in which the order is filed.
(3) In all other determinations of paternity, a petition to
overcome paternity shall be filed in an appropriate county in
accordance with the rules of civil procedure.
b. The petition contains, at a minimum, all of the following:
(1) The legal name, age, and domicile, if any, of the child.
(2) The names, residences, and domicile of the following:
(a) Living parents of the child.
(b) Guardian of the child.
(c) Custodian of the child.
(d) Guardian ad litem of the child.
(e) Petitioner.
(f) Person standing in the place of the parents of the child.
(3) A plain statement that the petitioner believes that the
established father is not the biological father of the child, any
reasons for this belief, and that the petitioner wishes to have the
paternity determination set aside.
(4) A plain statement explaining why the petitioner does not know
any of the information required under subparagraphs (1) and (2).
c. Notice of the action to overcome paternity is served on any
parent of the child not initiating the action and any assignee of the
support obligation, in accordance with the rules of civil procedure
and in accordance with the following:
(1) If enforcement services are being provided by the child
support recovery unit pursuant to chapter 252B, notice shall also be
served on the child support recovery unit.
(2) The responding party shall have twenty days from the date of
the service of the notice to file a written response with the court.
d. A guardian ad litem is appointed for the child.
e. Blood or genetic testing is conducted in accordance with
section 600B.41 or chapter 252F.
(1) Unless otherwise specified pursuant to subsection 2 or 9,
blood or genetic testing shall be conducted in an action to overcome
the establishment of paternity.
(2) Unless otherwise specified in this section, section 600B.41
applies to blood or genetic tests conducted as the result of an
action brought to overcome paternity.
(3) The court may order additional testing to be conducted by the
expert or an independent expert in order to confirm a test upon which
an expert concludes that the established father is not the biological
father of the child.
f. The court finds all of the following:
(1) That the conclusion of the expert as disclosed by the
evidence based upon blood or genetic testing demonstrates that the
established father is not the biological father of the child.
(2) If paternity was established pursuant to section 252A.3A, the
signed affidavit was based on fraud, duress, or material mistake of
fact, as shown by the petitioner.
4. If the court finds that the establishment of paternity is
overcome, in accordance with all of the conditions prescribed, the
court shall enter an order which provides all of the following:
a. That the established father is relieved of any and all future
support obligations owed on behalf of the child from the date that
the order determining that the established father is not the
biological father is filed.
b. That any unpaid support due prior to the date the order
determining that the established father is not the biological father
is filed, is satisfied.
5. An action brought under this section shall be heard and
decided by the court, and shall not be subject to a jury trial.
6. a. If the court determines that test results conducted in
accordance with section 600B.41 or chapter 252F exclude the
established father as the biological father, the court may dismiss
the action to overcome paternity and preserve the paternity
determination only if all of the following apply:
(1) The established father requests that paternity be preserved
and that the parent-child relationship, as defined in section 600A.2,
be continued.
(2) The court finds that it is in the best interest of the child
to preserve paternity. In determining the best interest of the
child, the court shall consider all of the following:
(a) The age of the child.
(b) The length of time since the establishment of paternity.
(c) The previous relationship between the child and the
established father, including but not limited to the duration and
frequency of any time periods during which the child and established
father resided in the same household or engaged in a parent-child
relationship as defined in section 600A.2.
(d) The possibility that the child could benefit by establishing
the child's actual paternity.
(e) Additional factors which the court determines are relevant to
the individual situation.
(3) The biological father is a party to the action and does not
object to termination of the biological father's parental rights, or
the established father petitions the court for termination of the
biological father's parental rights and the court grants the petition
pursuant to chapter 600A.
b. If the court dismisses the action to overcome paternity and
preserves the paternity determination under this subsection, the
court shall enter an order establishing that the parent-child
relationship exists between the established father and the child, and
including establishment of a support obligation pursuant to section
598.21B and provision of custody and visitation pursuant to section
598.41.
7. a. For any order entered under this section on or before May
21, 1997, in which the court's determination excludes the established
father as the biological father but dismisses the action to overcome
paternity and preserves paternity, the established father may
petition the court to issue an order which provides all of the
following:
(1) That the parental rights of the established father are
terminated.
(2) That the established father is relieved of any and all future
support obligations owed on behalf of the child from the date the
order under this subsection is filed.
b. The established father may proceed pro se under this
subsection. The supreme court shall prescribe standard forms for use
under this subsection and shall distribute the forms to the clerks of
the district court.
c. If a petition is filed pursuant to this section and notice is
served on any parent of the child not filing the petition and any
assignee of the support obligation, the court shall grant the
petition.
8. The costs of testing, the fee of the guardian ad litem, and
all court costs shall be paid by the person bringing the action to
overcome paternity.
9. This section shall not be construed as a basis for termination
of an adoption decree or for discharging the obligation of an
adoptive father to an adoptive child pursuant to section 600B.5.
10. Unless specifically addressed in an order entered pursuant to
this section, provisions previously established by the court order
regarding custody or visitation of the child are unaffected by an
action brought under this section.
11. Participation of the child support recovery unit created in
section 252B.2 in an action brought under this section shall be
limited as follows:
a. The unit shall only participate in actions if services are
being provided by the unit pursuant to chapter 252B.
b. When services are being provided by the unit under chapter
252B, the unit may enter an administrative order for blood and
genetic tests pursuant to chapter 252F.
c. The unit is not responsible for or required to provide for or
assist in obtaining blood or genetic tests in any case in which
services are not being provided by the unit.
d. The unit is not responsible for the costs of blood or genetic
testing conducted pursuant to an action brought under this section.
e. Pursuant to section 252B.7, subsection 4, an attorney employed
by the unit represents the state in any action under this section.
The unit's attorney is not the legal representative of the mother,
the established father, or the child in any action brought under this
section.
94 Acts, ch 1171, §48, 52; 97 Acts, ch 175, §212--216, 218, 219,
221; 98 Acts, ch 1074, §32; 2005 Acts, ch 69, §57
Referred to in § 252A.6A, 252C.4, 598.21E, 600B.41
600B.42 SECURITY FOR PAYMENT OF SUPPORT -- FORFEITURE.
Upon entry of an order for support or upon the failure of a father
to make payments pursuant to an order for support, the court may
require the father to provide security, a bond, or other guarantee
which the court determines is satisfactory to secure the payment of
the support. Upon the father's failure to pay the support under the
order, the court may declare the security, bond, or other guarantee
forfeited.
85 Acts, ch 100, §11
CS85, § 675.42
C93, § 600B.42