To Introduce the endorsement for the paternity laws in Oklahoma.

What this petition will do and please read carefully.

Thank you for all your support.

STATE OF OKLAHOMA AS INTRODUCED

An Act relating to paternity and child support; amending 10 O.S.

1991, Section 3, as amended by Section 2, Chapter 356 O.S.L. 1994 (10 O.S.

Supp. 2000, Section 3), which relates to presumption of paternity;

authorizing certain presumptions to be disputed; limiting who may dispute;

specifying conditions; providing certain relief from certain arrearage for

child support for certain parties; providing for effect of certain orders;

providing for certain evidence; providing who may bring actions; providing

for relief from certain orders relating to child support and paternity;

providing for filing and transfers; specifying conditions; requiring certain

tests; providing for failure to test; providing for certain fees; requiring

certain orders; providing for payment of certain costs; providing for

visitation; providing for effect of certain orders; providing for

codification; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

SECTION 1. AMENDATORY <10> O.S. 1991, Section <3>, as< >amended by

Section <2>, Chapter <356>, O.S.L. 19<94> (<10> O.S. Supp. 2000, Section <3>

), is amended to read as follows:

Section <3>. A. The presumption of paternity created pursuant to Section 2

of this title may be disputed only by the husband or wife, the putative

father or their descendants. Paternity may be established pursuant to

Section 70 of this title.

B. If a child is born during the course of the marriage and is reared by the

husband and wife as a member of their family without disputing the child's

legitimacy for a period of at least two (2) years, the presumption cannot be

disputed by anyone may only be disputed by the husband upon a showing of all

of the following:

1. A genetic test administered no more than six (6) months prior to the

filing of a motion for relief that finds that there is a zero percent

probability that the husband is the father of the child;

2. The husband has not adopted the child or the child was not conceived as a

result of artificial insemination; and

3. The husband proves by clear and convincing evidence prior to the filing

of the motion that he reasonably believed the child was his biological child

on the basis of fraud or material mistake of fact.

C. If a child is reared by a putative father of the child for a period of at

least two (2) years without a dispute of the child’s legitimacy, upon a

belief by the putative father that the child is his biological child due to

fraud or mistake of fact, the presumption of paternity may only be disputed

by the putative father.

SECTION 2. NEW LAW A new section of law to be codified in the

Oklahoma Statutes as Section <84.1> of Title <10>, unless there is created a

duplication in numbering, reads as follows:

A. After a determination of paternity a court shall not request the father

to pay:

1. Any arrearages or any amount for his failure to support his child prior

to the date the court issues a child support order requiring the father to

pay for the current support of that child; or

2. All or any part of the reasonable expenses of the mother’s pregnancy and

confinement,

if prior to the initial filing of an action to determine the paternity with

respect to the father, the father had no knowledge and had no reason to have

knowledge of his alleged paternity of the child.

B. The mother of the child shall establish that the father had or should have

had knowledge of the paternity of the child by showing, by a preponderance of

the evidence, that she performed a reasonable and documented effort to

contact and notify the alleged father of his paternity of the child.

C. A party is entitled to obtain modifications of an existing order for

arrearages under this division regardless of whether the judgment, court

order, or administrative support order from which relief is sought was issued

prior to, on, or after the effective date of this act.

SECTION 3. NEW LAW A new section of law to be codified in the

Oklahoma Statutes as Section <120.1> of Title <43>, unless there is created a

duplication in numbering, reads as follows:

A. A person may file a motion for relief from a final judgment, court order,

or administrative determination or order that:

1. Determines that the person is the father of a child; or

2. Requires the person to pay child support.

The person shall file the motion in the county in which the original

judgment, court order, or administrative determination or order was made.

B. Upon the motion of any adverse party or upon its own motion, the court in

which an action is brought pursuant to this section may transfer the action

to the county in which an adverse party resides when it appears to the court

that the location of the original venue presents hardship for that adverse

party.

C. 1. Upon the filing of a motion for relief pursuant to the provisions of

this section, a court shall grant relief from a final judgment, court order,

or administrative determination or order that determines that a person is the

father of a child or that requires a person to pay child support for a child

if all of the following apply:

a. the court receives genetic test results from a genetic test

administered no more than six (6) months prior to the filing of the motion

for relief that finds that there is a zero percent probability that the

person is the father of the child,

b. the person has not adopted the child,

c. the child was not conceived as a result of artificial insemination, and

d. the person proves by clear and convincing evidence prior to the filing

of the motion that he reasonably believed the child was his biological child

on the basis of fraud or material mistake of fact.

2. A court shall not deny relief from a final judgment, court order, or

administrative determination or order that determines that a person is the

father of a child or that requires a person to pay child support for a child

solely because of the occurrence of any of the following acts if the person

proves by clear and convincing evidence at the time of or prior to the

occurrence of the act did not know that he was not the natural father of the

child:

a. the person married the mother of the child,

b. the person was named as the child’s natural father on the child’s

birth certificate with the valid consent of the person,

c. the person was required to support the child because of a written

voluntary promise or by a court order or an administrative support order,

d. the person was presumed to be the natural father of the child pursuant

to any of the circumstances listed in Section 2 of Title 10 of the Oklahoma

Statutes, or

e. the person otherwise admitted or acknowledged himself to be the child’s

natural father.

D. 1. In any action for relief instituted pursuant to this section, the

court shall order the child’s mother, the child, and the putative father or

legally determined father to submit to genetic tests.

2. If the mother is the custodian of the child and willfully fails to submit

the child to genetic testing, if the putative father or legally determined

father of the child willfully fails to submit himself to genetic testing, or

if the putative father or legally determined father is the custodian of the

child and willfully fails to submit the child to genetic testing, the court

shall issue an order determining the motion for relief against the party

failing to submit the party or the child to the genetic testing. If a party

shows good cause for failing to submit to genetic testing or for failing to

submit the child to genetic testing, the court shall not consider the failure

to be willful.

3. The party bringing the action shall pay any fees charged for the tests,

unless the custodian of the child is represented by the Department of Human

Services in its role as the agency providing enforcement of child support

orders, in which case the Department shall pay the costs of genetic testing.

The Department or the person who paid the fees charged for the genetic

testing may seek reimbursement for the fees from the person against whom the

court assesses the costs of the action.

E. If a court grants relief from a judgment, court order, or administrative

determination or order pursuant to this section and the person who is

relieved from the judgment, order, or determination, or any parent of the

person or has been granted visitation rights with the child pursuant to a

court order, the court shall determine whether the order granting those

rights should be terminated, modified, or continued.

F. If a court grants relief from a judgment, court order, or administrative

order for the payment of child support pursuant to this section and child

support arrearages are owed, the court shall issue an order canceling that

arrearage.

G. If relief from a judgment, court order, or administrative order for the

payment of child support is not granted pursuant to this section, the court

shall require the person who filed the motion for relief to pay all court

costs of the action and the reasonable attorney’s fees of the opposing party.

H. Except as otherwise provided in this section, a party is entitled to

obtain relief under this section regardless of whether the final judgment,

court order, or administrative determination or order from which relief is

sought was issued prior to, on, or after the effective date of this section.

SECTION 4.